Misgendering: definition, consequences (particularly for TIN* people) and how to treat others with respect

What is misgendering?

Misgendering refers to addressing or referring to a person using a gender, pronoun or form of address that does not correspond to their actual gender identity. Misgendering means that a person is assigned the wrong gender or that their gender is misrepresented. It is a form of failure to recognise a person’s identity and can occur both linguistically (e.g. using the wrong pronouns) and non-linguistically (e.g. an incorrect gender entry in a record). The concept of gender and gender identity is central to this.

Who is particularly affected by misgendering? (Focus on TIN* people)

Misgendering particularly, but not exclusively, affects trans* people (also known as trans or transgender people, whose gender identity does not correspond to the sex assigned to them at birth), intersex people and non-binary people (people whose gender identity is neither exclusively male nor female – a departure from the understanding that there are only two genders). These groups are often grouped under the acronym TIN* (trans*, inter*, non-binary), and being misgendered is a common experience of discrimination for TIN* people. A trans woman, for example, may be perceived and addressed as a man. However, any other person can theoretically be misgendered if assumptions are made about their gender based on physical appearances that do not correspond to their identity.

Forms of misgendering: misgendering and deadnaming

Misgendering and deadnaming are the most common forms of this discrimination:

Incorrect pronouns, forms of address or incorrect gendering

The most common form is the use of incorrect pronouns (e.g. „he“ instead of „she“ or vice versa, or the failure to use gender-neutral pronouns) or an incorrect form of address or incorrect gendered language.

Deadnaming: Coming to terms with one’s deadname

Deadnaming (sometimes also spelled ‘deadnames’) is the act of referring to a transgender or non-binary person by their old, discarded first name (deadname), which was assigned to them at birth and does not correspond to their current gender identity or the name they now use. This is often perceived as particularly hurtful, especially when people have been through a long process of coming out.

Intentional vs. unintentional misgendering

Misgendering can happen unintentionally, for example due to a lack of knowledge (particularly if one knew the person previously and is not aware of any changes), out of habit, or because a person’s gender identity is unknown. However, it can also be done deliberately (as a form of intentional disparagement or rejection) in order to belittle a person or call their identity into question. Repeated and, in particular, deliberate misgendering is often perceived as a form of microaggression or even as harassment and discrimination.

Experiences of misgendering: the consequences

The consequences of misgendering should not be underestimated and can have a significant impact on the well-being and health of those affected. Many trans and non-binary people experience this on a daily basis.

Mental stress and its impact on health

Experiences of misgendering and being confronted with one’s deadname often lead to serious psychological consequences. Studies and accounts from those affected clearly show that misgendering can cause distress. These include:

• Feelings of invisibility, disrespect and the invalidity of one’s own identity
• Increased stress, anxiety and social isolation
• Exacerbation of symptoms in depression
• In severe cases, repeated misgendering and the associated discrimination can even contribute to suicidal thoughts, with the corresponding psychological consequences
• It is described as a form of stigmatisation and as psychologically harmful, which leaves those affected in a very vulnerable position

How can misgendering be avoided? Tips for everyday life and the doctor’s surgery

Treating others with respect means respecting their gender identity. Respect and mindfulness are key:

• Please enquire about: If you are unsure how a person would like to be addressed (name, pronouns), please ask them politely. It is important to be aware that gender identity is not always apparent from a person’s appearance.
• Use a neutral form of address: If the person’s name and pronouns are unknown, use neutral language
• Staying informed and developing your skills: Initiatives at universities (e.g. information services for people at Freie Universität Berlin) or organisations such as the German Society for Trans* and Inter* Gender Issues (dgti) provide information. A basic understanding of trans identities and the diversity of trans experiences is helpful
• Please respect the information provided by the individual: The preferred name and pronouns must be respected
• At the doctor’s surgery: Registration forms with fields for preferred names and pronouns; name badges displaying pronouns for staff can signal openness. These are helpful, practical steps

Legal context: The Self-Determination Act (SBGG) and issues relating to fines

In Germany, the Self-Determination Act (SBGG) governs changes to a person’s registered gender and first names. It also includes a prohibition on disclosing a person’s previous registered gender or first names. A breach of this prohibition on disclosure may, under certain circumstances, be punishable by a fine, particularly where there is intent to cause harm. Reports suggest that fines of up to 10,000 euros may be imposed in such cases.

Although the SBGG does not explicitly treat every form of misgendering as an administrative offence, the provision on the prohibition of disclosure highlights the sensitivity of the issue. The fact that deliberate misgendering or the use of deadnames with the intent to cause harm (e.g. in the context of bullying or hate speech, which could be linked to Section 192a of the German Criminal Code „incitement to hatred“) may also have legal consequences outside the scope of the SBGG in relation to personal rights or as an offence, is a separate matter. The precise exceptions to the prohibition on disclosure are set out in the Act.

FAQ – Frequently Asked Questions about Misgendering