30 September 2022
How can deeply-rooted societal norms like binary sex change? Anne Louise Schotel and Liza Mügge analyze the implementation process of the non-binary sex registration in Germany and the Netherlands, where ruled in favour of a ‘third’ option in sex registration. While German law today includes a non-binary option, the Dutch law does not. Why? The article draws on parliamentary debates, newspapers and statements from activists to follow the trajectory of the third option. It finds that an established progressive reputation can lead states like the Netherlands to take a back seat, while mobilization by activists was crucial in establishing the self-determination of legal sex on the German political agenda. This study contributes to unravelling the complex ways in which new norms shape – or fail to shape – domestic political outcomes.
Anne Louise Schotel & Liza Mügge (2021) ‘Towards Categorical Visibility? The Political Making of a Third Sex in Germany and the Netherlands’, Journal of Common Market Studies 59(4): 981-1024.