Convicted neo-Nazi’s gender identity switch sparks law debate in Germany

A convicted neo-Nazi is at the center of a firestorm in Germany after legally changing genders. Marla-Svenja Liebich, previously known as Sven Liebich, was assigned to a women’s prison under the country’s new gender self-determination law.

The Washington Post reports that Liebich was sentenced to 18 months in prison in July 2023. She was convicted of incitement to hatred, defamation and other offenses while still registered as a man.

But last year, Liebich legally changed her name and gender under Germany’s Self-Determination Act, shortly after the law took effect. The allowance was made because prison sentences are considered on the basis of registered gender and not sex assigned at birth.

The debate

Some German officials, including Interior Minister Alexander Dobrindt, have accused Liebich of exploiting the Self-Determination Act. It’s a rule that allows a person to change their gender identification, suggesting that the law needs to implement stricter rules.

“This is an example of the very simple abuse of the self-determination law,” Dobrindt told Stern magazine. “We now need a debate about how to reinstate clear rules against the abuse of changes of gender. The judiciary, the public and politicians are being fooled here because the Self Determination Act provides the opportunity for this.”

Others, like left-leaning politician Marlene Schonberger, questioned whether Dobrindt was using the controversy to attack the law itself.

“Is Dobrindt seriously that stupid and falling for the far-right agenda of Liebich,” she wrote on social media, “Or is he pursuing the same agenda and using every shabby opportunity to attack self-determination?”

The law and Liebich’s requests

The law allows people to change their name and gender at a government office without any medical or psychological evaluation. The change is typically done within a few months. Adults are legally allowed to change their gender once a year under the measure.

Liebich has added fuel to the debate by requesting kosher meals and rabbinical care in prison after declaring herself a devout Jew, a move critics say is another attempt at provocation.

What happens next 

Liebich is scheduled to arrive at Chemnitz Correctional Center for Women on Friday. She said she will hold a news conference outside the facility. Whether Liebich will remain at the facility will be determined after her arrival. Spokesperson for the Halle prosecutors’ office, Benedikt Bernzen, told a German news outlet that an admission interview will be the deciding factor in determining whether Liebich stays at the facility or is transferred elsewhere.

“This will examine whether Ms. Liebich’s detention in the prison there is compatible with other considerations that may play a role,” said Bernzen. “The prison regulations, the security interests of other incarcerated women and Ms. Liebich’s security interests all play a role.”