Germany’s Federal Court of Justice has rejected the creation of a third gender category to accommodate a person who identifies as neither male nor female. In a case taken by the unidentified German citizen, registered as female, it was argued that as she could produce a genetic analysis proving to be neither male nor female, she should be granted the right to identify as ‘intersex’. The court, however, disagreed and ruled that German law would not allow entry of a third option of “inter” or “diverse” in the birth registry, and saw no reason to refer the matter to the German constitutional court. The plaintiff has said she will challenge the ruling.