Man becomes woman - and goes to women's prison? The Liebich case shakes up the law on self-determination

From neo-Nazi to "self-determiner" - an abuse with an announcement?

The case is causing outrage: a convicted right-wing extremist, who until recently was supposed to be in prison as a man, had her gender entry changed - and is now to be transferred to a women's prison. The basis for this is the Self-Determination Act, which has been in force since November 1, 2024 and is actually intended to give trans, intersex and non-binary people more rights.

However, the right-wing extremist Liebich is now suspected of having violated the law.

deliberately misused to influence their conditions of detention - or to ridicule the entire law. The case is sensitive and the outcry is huge - especially among the political opposition.

The CDU/CSU is on the attack: "This must not be allowed to continue!"

CSU politician Dobrindt told Stern magazine that nobody could want such examples to set a precedent. Parliamentary group deputy leader Krings (CDU) also considers the current law to be far too lax - it makes changing gender "too easy". Several CDU/CSU politicians are therefore calling for an immediate reform to prevent abuse in the future.

Even if the protection of trans people is important, the Liebich case is a deterrent example, according to CSU state group leader Hoffmann. The fundamental right to gender identity is not being defended here, but a legal loophole is being turned into a strategy.

The traffic lights remain calm - and point to 2026

SPD politician Wegge counters the criticism: a review of the law is already planned for 2026 in the coalition agreement - this timetable is being adhered to. The SPD rejects rash decisions based on political calculations. An "evaluation under hysteria" would not help anyone - neither those affected nor the rule of law.

But the pressure is mounting. Because the Liebich case makes one thing clear: the Self-Determination Act has a weak point - and this has now become publicly visible.

What does the new law actually allow?

Since November 2024, any person of legal age can have their gender entry changed at the registry office by making an informal declaration with self-insurance - without a medical report, without a psychologist, without court proceedings. The idea: less discrimination, more self-determination. An overdue step for many.

But critics complain: There are no security mechanisms in place to prevent targeted abuse - for example in the prison system. This is exactly what many now see confirmed by the Liebich case.

Self-determination not a free pass for offenders

A law based on trust is courageous - but naive if it knows no limits. The Liebich case shows that even well-intentioned reforms can be instrumentalized if no safeguards are put in place.

Anyone who simply declares that they are of a different gender without being tested must expect that people who are up to no good will also make use of this at some point. The state must not sit back and watch, but must act - not in 2026, but now.

Because the law is not only there for the good - it must also close the gaps for the bad.