In a move widely discussed in the legal circles, the German state of Bavaria made a significant policy decision lately. On Tuesday, Bavaria introduced a ban on the use of “gender-sensitive” language in schools and universities. While the ministers uphold the concept of gender equality in language, they argue that the use of symbols within words might potentially hinder comprehensibility and thereby led to the instigation of this ban.
The embargo, which was approved by the Council of Ministers in Bavaria, is intended to prevent the use of this kind of language in educational environments such as classrooms and university lectures. This regulation effectively amends the General Rules of Procedure for the Authorities for the Free State of Bavaria, curbing the use of multi-gender spellings that traditionally employ symbols within words to reflect gender sensitivity. These forms of spellings have seen an increasing use in German higher education establishments over recent years. The widely accepted masculine forms of specific words are often modified to appear more gender-sensitive, through the addition of an asterisk, colon, underscore, or other special characters incorporated within the word.
Support for the new regulations was voiced by the Minister-President of Bavaria, Markus Soder who took to X (formerly Twitter) to express his backing. In his statement released in 2021, Soder had previously expressed his support for such a ban. In his opinion, while “equality is important”, he subscribes to the idea that there will be “no gender asterisks” in Bavaria, and warns against “excessive requirements” in language.
At the end of 2023, the Council for German Orthography, which is responsible for creating rules and regulations surrounding German spelling and grammar, released a pivotal statement denouncing the usage of gender-sensitive spellings. With this move, they actively dissuaded schools and universities from using them. Interior Minister Joachim Herrmann, who led to the introduction of the ban in Bavaria, emphasized that while they are guided by the institution, the ban on gender-sensitive language will be maintained in Bavaria, notwithstanding any future decisions of the Council for German Orthography.
The measures brought in by the Bavarian Government could potentially spark a series of legal debates and considerations in the international forum, stimulating further scrutiny of the relationship between language, gender, and justice. For any legal professional working within corporate institutions or law firms, staying apprised of such shifts in regulations and their potential implications becomes paramount.
The original report that sheds light on the fine points of this recently instituted ban can be accessed here.