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Interactions between the regulation of homosexuality and transsexuality since the enactment of the Transsexual Act

Adrian de Silva is a trans and queer studies researcher at the University of Luxembourg with a background in sociology and political science. He received a PhD in gender studies from Humboldt University Berlin based on his interdisciplinary study “Negotiating the Borders of the Gender Regime: Developments and Debates on Trans(sexuality) in the Federal Republic of Germany”. Working across political sociology, sociology of law, sexology and political theory, Adrian’s research engages with processes of minoritizing less common genders and sexualities in liberal democracies, and struggles for social change in these areas. 

On 01 Jan. 1981, the Act to change first names and establish gender status in special cases (Transsexual Act – TSG) came into force in the Federal Republic of Germany.[i] Sections 1-7 TSG lay down the rules for a change of first names and sections 8-12 TSG regulate a revision of gender status in cases of transsexuality. The Transsexual Act was, among other things,[ii] devised against the background of historically-specific manifestations of heteronormativity, which at the time included the delegitimization of homosexual relationships and, according to s. 175 StGB (Strafgesetzbuch; Criminal Code), demanded higher ages of consent for sexual activities between male individuals than between males and females, or between female persons. While gender and sexuality do not necessarily have to be linked to each other, they are, as Butler suggests, interrelated[iii] in contemporary Western societies. However, gender and sexuality are not static. The same applies to the relationship between these fields. The temporary outcome of struggles in one arena may directly or indirectly contribute to, or impede developments in the other. Drawing upon Federal Constitutional Court rulings on relevant provisions of the Transsexual Act and legislation on same-sex partnerships, this blog entry traces how the regulation of homosexuality and transsexuality impacted upon each other since the Transsexual Act was enacted.[iv]

Preventing same-sex marriages and violations of s. 175 StGB in the Transsexual Act

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Marital Rape and Women’s Rights in the Federal Republic of Germany

Jane Freeland is an historian of women and gender in modern Germany. She is currently a research fellow at the German Historical Institute London, where she coordinates the International Standing Working Group on Medialization and Empowerment. She holds a PhD from Carleton University (Canada) and is completing a monograph on domestic violence activism in divided Berlin.

On April 14, 1976, the illustrated news magazine Stern ran a special report on rape in marriage in the Federal Republic of Germany. “Rape,” it began, “It was until today a matter of sexual offenders, perverts, criminals. …for the first time it is now revealed that nowhere is rape committed more than in the marital bed.”[1] Surveying women throughout the Federal Republic on sex and intimacy in marriage, including their experiences of marital rape, for the first time the report revealed that in one in five marriages in West Germany women were raped by their husbands. It further showed that in a majority of cases marital rape was violent, and closely connected with physical and emotional abuse. “The bed,” it seemed to reporter Ulrich Schippke “has become a battleground.”[2]

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