Can men in Germany evade their military service policy by claiming to be women?

[Cailleach1]

From ‘The Guardian’.

“A little-noticed clause in sweeping changes to Germany’s military service policy has caused uproar after it emerged that the law requires men aged up to 45 to get permission from the armed forces before any significant stay abroad, even in peacetime.
The legislation, which went into effect on 1 January, aims to bolster the military and demands all 18-year-old men fill out a questionnaire to gauge their suitability to serve in the armed forces, but stops short of conscription.
If the “modernised” model fails to pull in enough recruits, parliament will be compelled to discuss the reintroduction of compulsory service, the defence minister, Boris Pistorius, said as the legislation passed the lower house of the Bundestag in December.
The fine print, which went largely under the radar until a media report called attention to it this week, says men aged 17 to 45 would have to apply for authorisation to leave Germany for more than three months.”

I’m just wondering if men can pretend they are women to avoid this. You can change your official sex quite often in Germany. Men can be designated as a woman, no bother. Considering they don’t care if they give men access to places where women and children are vulnerable, I wonder if they stop the pretence if a man tries to evade their military service policy.

As far as I am aware it is based off of legal gender, so trans men are included whilst trans women are not.

‘ However, women and people with another gender identity are under no obligation to do so.“

https://canada.diplo.de/ca-en/2755596-2755596

So, may be an opt out after all.

From this summary it seems it may be as much to do with whether this is just self indentifying as opposed to registering:

Under current German law, only men are subject to compulsory military service (suspended since 2011 but slated for a voluntary-first return in 2026), while military service for women is strictly voluntary
.
Key points:

• Legal Gender Determines Obligation: Conscription in Germany is based on the legal gender recorded in civil-registry data.
• Post-Transition: A trans woman who has updated her legal name and gender marker to female (via the Self-Determination Act) is not considered a "man" by the state and is therefore exempt from mandatory registration and service.
• Pre-Transition/Legally Male: If a trans woman has not legally changed her gender marker, she may be listed as male and would be subject to the same requirements as men, but she would still have the same legal options to refuse service (such as conscientious objection) as any other conscript.
• Voluntary Service: Trans women can, and do, serve voluntarily in the Bundeswehr.
• 2026 Shift: While a new "voluntary" system starting in 2026 will send questionnaires to 18-year-olds, these are only mandatory for men.

I suppose this is that same as in the UK. Whether you have GRC or not.

Off topic, but hadn't realised women, actual women, are exempt. I think I must have seen some misleading headling about how Germany was bringing in compulsory service for everyone.

It wasn't accepted as a get-out in Ukraine, despite some wailing. I wonder how the German government will respond to large numbers of men becoming women as conscription becomes more likely. They don't even need to become women - they can just decide that they're non-binary.

AS Ijust posted you have to register.

Does Germany have a "non binary" register?!!

I'm wrong, they do! Quote:

Third Gender Options: The law officially allows for "diverse" (divers) as a third gender option or the total removal of a gender entry, which was previously only available to intersex individuals.

I wonder if that mean you are only in the army 2 or 3 days a week!

It is all quite bizarre.

‘Oh, what a tangled web they’ve weaved, when first they practiced to deceive’, (paraphrased)

‘In the situation of military tension or defence, a person’s legal gender as “male” would temporarily remain unchanged if the application is made in a situation of active defence (§ 9 SBGG).’

So they doubt the motives of a man pretending he is a woman in a situation of active defence. And, his claim to be an ‘gender’ other than male or female. So, uniquely in this situation they are doubting a man who says he is not a man? And admit a man could be lying for his own opportunism? I wish they would acknowledge that applies to each and every application from a man who says he is not a man.

Men gaining access to spaces where they commit sex offences against women and children when changing in female only spaces (exposing themselves and voyeurism) didn’t give rise to any pause when introducing this legislation.

That is interesting, thank you.
It is very flawed and hypocritical.

They probably think something over simplistic along the lines that, in war these trans women are defending women by reverting to being men; but in peace they are doing no harm to women pretending to be one of them.

Ah, so it would be wise to register early on a just in case basis. I have young adult sons, if similar applied in this country I'd be advising a pre-emptive registration.

Related!

Trans women go viral celebrating military exemption in Thailand

Why are these trans women going viral outside a military recruitment centre in Thailand? Thailand’s annual military conscription event is a highly anticipated moment for Thai men aged 21 to 26.

Each year, they gather at local recruitment centres to determine their fate through a national lottery. Everyone receives an envelope, and inside is either a red card or a black card. Red means you’re selected for military service. Black means you’re exempt.

However, a new viral tradition has emerged within Thailand’s trans community. While transgender individuals are still required to show up in person for the draft lottery, they can be exempt from service if they provide a gender reassignment certificate or relevant medical documents.

Each year, trans women across the country head to recruitment centres to submit their paperwork - often turning the moment into a celebration, complete with photoshoots proudly holding their certificates outside the recruitment centre.

While it remains illegal for trans people to serve in Thailand’s military, this annual tradition has turned into a powerful symbol of pride for the country's trans community

https://www.msn.com/en-gb/money/other/trans-women-go-viral-celebrating-military-exemption-in-thailand/vi-AA20gXMG?

I would be interested in knowing the figures for men registering as women in Germany, now and in future, on a timeline which also shows new laws and regulations like this one, and geopolitical tensions.

AFAIK, the only thing men have to change is their first name, choosing one which aligns with their new gender (Germany having laws on what names are permitted in official registrations).

So, uniquely in this situation they are doubting a man who says he is not a man?

Not entirely unique. Here's a thread about the authorities getting antsy about Sven/Maria-Svenja Liebich, the neo-Nazi who registered a change of gender.

https://www.mumsnet.com/talk/womens_rights/5502288-but-but-it-never-happensgermany?reply=151038064

Delfin, on that thread, said "Interesting last three paragraphs with the opinion of a lawyer and legal scholar, Udo Vetter:

[Vetter] argued that the law had deliberately made it all but impossible for registry offices to block applicants from changing gender on the basis that they did not seem to be sincere. Nor, in Vetter’s view, can Liebich’s previous statements attacking the transgender rights movements be used as evidence of his deceit.

“Should the Halle district court approve the application from the Saalekreis, it would not just create Germany’s first case of [self-ID] reversal,” Vetter wrote. “It would above all send out a signal that the self-ID law actually is subject to a material check, against the explicit will of the people who made the law.

“An interpretation along these lines cannot be reconciled with the literal wording and classification scheme of the law. At the end of the day, it would mean the end of the newly-won liberty [to change genders at will].”

But registering is extremely easy. Seems you can register as not having a gender, and that's enough to escape conscription?
Germany is a very righteous place (a big veganism trend going on at the moment, for example), and they decided to go full purity spiral with their legislation. The idea that the law would be taken advantage of was pretty much ignored and I don't think there was really any public discussion. They will reap the consequences.

This reads as though the males with certificates flaunt the loophole through which they get out of doing something other males have to. I wonder how the males who are conscripted feel about this?

Icels and misogynists in the UK and US go nuts about the idea of male only conscription. They make arguments that such laws are evidence that women should be tied to kitchen sinks. I expect that in the UK, if conscription was brought in, I hope they create roles that are inclusive of all protected characteristics so no one is excluded! 😂

I think given the long tradition of Hijra there would not be that response.

Just a point of information - Hijra is a term on the Indian subcontinent, not Thailand.

Thanks - google only offers "Ladyboys" for Thailand - is that right?

have not RTFT. But back when they were discussing the SelfID law, either just before or just after it came in, this question was answered. And it boiled down to: no, you can't (even under SelfID laws) identify out of military service.

(ETA: i have not been particularly interested in checking if this is still the case though)

It will be interesting to see what happens now, though, with military service. Previously you could register as a consientious (however the fuck you spell that) objector, and you would be put in support roles in hospitals, residential homes for the elderly etc (non clinical roles)

when they finally suspended (not cancelled, important, that) conscription, it became clear that the hospitals etc had really relied on those people, so they set up replacement systems (so-called FSJ) which were great. I think they're still going. I haven't really paid much attention to it all aside of sporadically answering job ads for people to go into military intelligence. I suspect I'm over their upper age limit, but if the balloon does go up, they may reconsider)

I read an article (I think on the BBC) the other day about military service in the US. Iirc some administrative change for listing military age men. It reminded me that during Biden's term there was something about TW being men for the purposes of military conscription. Of course now Trump has exempted them from enlisting as being physically, mentally or ethically unfit (I forget which). Although i don't know what would happen now if there was a war and there was conscription. There was no mention of it in the article.

The bit upthread about Thai men who have a 'trans' identity waving their exemption certificates does seem a bit 'fuck you' to the young men who don't have that opt out. Although it seems they haven't just slapped on a bit lippy and tilted their heads a little. A very different culture to tw in the West.

tbh it would peak A LOT of people - especially the "boymoms" if conscription arrived and dozens and dozens of men suddenly discovered they have a trans identity

In Germany are trans identified females regarded as females for military registration purposes, even if civilly registered as males?

Or are they treated as though they were actually male?

as i said, last i heard was a while ago and the answer was "they count as male"

anyway, i had a quick google. Constitutional law is what handles conscription, and that is higher than the regular law that handles SelfID. And that boils down to: nope. Transwomen really are men under certain circs.

So while we face the utterly bizarre (and hopefully mass-peak-event) of a judge about to be fined €10k for "mis-gendering" a transwoman who was up before the beak, we also face the equally bizarre thing where the law says TWAW until it suddenly (and unexpectedly for many people) doesn't.

(having said that, and i am biased because i was in the army, i don't like conscription per se but if we are to have it, then i believe that it should also include women)

i don't like conscription per se but if we are to have it, then i believe that it should also include women

Saw a short news item saying the US will automatically register men starting in the autumn but not women.

This seems to be a longer item, have not read! https://eu.usatoday.com/story/news/nation/2026/04/10/us-military-draft-automatic-registration-impacts/89552441007/