For the legal protection of trans* people in Germany, firstly the Basic Law (GG) is relevant, which guarantees the general rights of personality and the precept of equality. However, this protection is only ensured when people respect the general rights of personality and the precept of equality. If those are violated, sufficient resources are required for the law enforcement by the affected person.

When violating the GG, the person affected can file a constitutional complaint if all other instances have been exhausted, which will be decided about by the Federal Constitutional Court. For example, after a successful constitutional complaint of a trans* and intersex person, the Civil status law (PStG) was reformed. § 21 para. 1 no. 3 PStG still states that the gender has to be filed in the natal register, but § 22 para.3 PStG now allows ‘divers’ as a third legal gender or a marital status without a gender open gender record. However, legally this rather refers to intersex people, which could not be assigned in the understanding of a binary gender system as male or female at birth. Trans* people can only use ‘divers’ as their gender record if they can prove medically that they are intersex.

In terms of the prohibition of discrimination against trans* people, the General Equal Treatment Act (AGG) as well as the Transsexual Act (TSG) are also relevant. Highest court decisions relating to the AGG as well as the TSG exist, which legally prohibit the discrimination against trans* people. However, it is important to mention that for the enforcement of these legal regulations, legal actions are necessary and not every person affected has (sufficient) resources.