German Babies Don’t Need to Be Boys or Girls Anymore
It’s tempting to interpret legislative shifts as progress. After all, plenty of times they are. However, what looks like progress on the surface often masks a much more complicated underbelly. Think about the fight for marriage equality: if marriage is a fundamental right, then everyone certainly deserves access to it. Insofar as the fight for this access has further normalized and entrenched the institution of marriage—itself a problematic tradition with a deeply troubled past—progress becomes trickier to gauge.
This complex relationship between progress and problem is quite clear in regards to Germany’s new third gender option on birth certificates. As of November 1, it is no longer legally necessary for babies born in Germany to be registered as male or female on their birth certificates. Instead—in cases of newborns whose bodies don’t fall neatly into male or female categories physiologically—the male and female boxes on a birth certificate can be left unchecked.