Posted by Petra Sußner at Constitutional Blog:
In Austria, too, gender entries are no longer limited to 'female' or 'male' - the implementation of the so-called third option is pending. In the process, a circular letter from the Federal Ministry of the Interior is making news. The third option is to be limited to the designation 'diverse' and to be registered only on the basis of a medical certificate. The problem: Neither the law nor the decision that cleared the way for the third option (Constitutional Court, VfGH, 15.6.2018 G 77/208-9) mention a word about it. The circular raises constitutional concerns. Not for the first time, the implementation of the third option thus faces difficulties. Already in the fall of 2018, the Federal Minister of the Interior took action against the first "inter" entry with an official appeal to the Administrative Court (VwGH); however, without success. Now a new round in the conflict over the third option seems to have begun.
Blog post in German.