OLG Naumburg: Gendering will not be permitted in judgments in the future!

OLG Naumburg: Gendering will not be permitted in judgments in the future!

The use of gender-appropriate language is still a hotly debated topic in German law. A recent decision by the Naumburg Higher Regional Court (OLG) has now provided clarity in this debate. According to a judgment fromJune 12, 2025The Higher Regional Court has decided that gendering is not permitted in court judgments unless this is expressly requested by those involved in the proceedings. This comes from an article by LTO out.

The case on which this decision is based concerns a man who was fined 480 euros and banned from driving for a month for speeding. The district judge in Dessau used gender-neutral terms such as “affected person” and “expert person” when formulating the verdict. However, the Naumburg Higher Regional Court overturned this decision primarily due to deficiencies in the content, which included, among other things, missing information on the calibration of the measuring device and traffic monitoring.

Gender-fair language and its challenges

Another focus of the Public Prosecutor's Office (GenStA) was the use of gender-neutral wording. She described these as “ridiculous” and criticized them for appearing impersonal and not respecting the identity of those involved. The court largely shared this view and found that there was no room for linguistic experimentation in judgments. The GenStA demanded clear language that meets the duty of care when drafting the judgment; an opinion that is increasingly popular in many legal circles, such as Law.cc reported.

Viewed in a larger context, the decision of the Naumburg Higher Regional Court is not alone. The topic of gender is also very controversial socially. There are different approaches to gender-fair language, be it by making both genders visible or through gender-neutral formulations. The unclear use of gender asterisks or similar spellings is viewed critically by established institutions such as the German Spelling Council. The question therefore arises: How far can language be experimental in a legal context without losing the sense of clarity? Companies and public administrations are also faced with this dilemma, as they have to navigate between legal requirements and the comprehensibility of communication Law Forum emphasized.

The way into the future

The decision from Naumburg is a clear indication that the language in legal texts should be precise, understandable and dignified. This is important not only for jurisprudence, but also for the perception of those affected and social acceptance of the legal system. The decision has a signaling effect for future judgments in Saxony-Anhalt and could also have far-reaching consequences for other federal states that find themselves in similar situations.

In times of growing sensitivity for gender-equitable communication, it remains to be seen whether and how the legal policy framework will adapt. The challenge will be to find the balance between precision and respect for the individuality of those involved.