A police commissioner in North Rhine-Westphalia has, for the time being, been barred from promotions after her superiors criticized a change to her gender marker under Germany’s Self-Determination Act. The Higher Administrative Court in Münster upheld this in an emergency ruling, the court announced on Tuesday. The reason is an ongoing disciplinary proceeding against the officer. There is suspicion that the commissioner altered her gender marker from male to female in order to advance more quickly through the ranks by taking advantage of women’s advancement programs.
The officer, who works for the Düsseldorf Police Headquarters, was accused of several statements toward colleagues that she did not dispute. According to earlier statements from the Düsseldorf Administrative Court, she reportedly said after a report about a promoted officer with a changed gender marker: “I’ll do that too.”
Later, she allegedly said that in the next year she would “be a man again.” To another colleague, she is said to have stated that she would not want to marry under the female gender marker at her upcoming wedding next year.
For these reasons, the Düsseldorf Police Headquarters did not consider the officer for promotions in November and December 2025 and January 2026. She challenged this before the Administrative Court, but failed there with several emergency petitions.
Court: Doubts about the trans officer’s suitability exist
The Higher Administrative Court confirmed these rulings for now. In its reasoning, it stated that an employer may exclude officers from promotions during an ongoing disciplinary process. The prerequisite is that there be doubts about their suitability, which were present here.
Such doubts arise from the officer’s own statements. These could indicate either false disclosures about the gender marker or a disruption of workplace peace. The officer’s claim that her remarks were “meant as a joke” did not dispel the suspicion in the court’s view. The rulings are final and enforceable.
“Anti-queer sentiments” at the police leadership?
The officer’s attorney had argued in November that the statements cited against her were misunderstood irony. He accused the Düsseldorf Police President, Miriam Brauns, of spreading anti-queer sentiments. Brauns called this accusation “absurd” (TheColu.mn reported).
Anti-queer hostility, however, is not rare within the NRW police: in 2021, a Cologne CSD attendee was awarded about €15,000 in damages after officers allegedly knocked him down and taunted him with the slur “fag.” The victim’s blood was unlawfully drawn at the station. After seven hours, he was released in his underwear in the middle of the night. His clothes had been soaked by the police beforehand, apparently to ensure that the victim would freeze. The officers responsible received no penalties for these actions. (AFP)
