Spotted this it's another move forward and something for the bigots to scream unfair at LOL
From Justus Eisfeld:
On 23 July 2008, the German Constitutional Court declared the provision in the German Transsexual Law (Transsexuellengesetz TSG) which requires forced divorce of transsexuals unconstitutional.
The TSG requires that transsexuals who legally want to change their gender marker on their birth certificates have to be unmarried (though a registered partnership was no hindrance). This part of the law has just been declared unconstitutional and may not be used until the German government proposes a new solution. The German government has a deadline of 1 August 2009 to come up with a new law.
Earlier the Constitutional Court declared that a retrieval of a legal change of names in the case of a marriage after the name change was also unconstitutional.
This is a major victory for the trans community in Germany and abroad – as well as for the broader LGBT community. After Austria in 2006, Germany is the second country without same-sex marriage that abolishes the forced divorce rule for transsexuals.
Press release in German: