article three

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Manifestation for Article Three at the Berlin CSD 2009

The initiative article three (or 3 + ) is an action of the Lesbian and Gay Association in Germany e. V. , which aims to supplement the third article of the German Basic Law . It was raised by the Lesbian and Gay Association as its central demand on the occasion of the nationwide events for Christopher Street Day in 2009 and adopted by some organizers.

background

The initiative calls for the inclusion of sexual identity in the third paragraph of the third article of the Basic Law ( Article 3.3 of the Basic Law). In contrast to some other features, the Basic Law excludes this point, which is criticized by the lesbian and gay association as discriminatory.

The initiative calls for the following amendment to the Basic Law:

“ Nobody may be disadvantaged or preferred because of their gender, their origin, their race, their language, their homeland and origin, their sexual identity , their beliefs, their religious or political views. Nobody may be disadvantaged because of his disability. "

The initiative thus draws attention to the topic with the intention of convincing the representatives and the general public of the need to amend the Basic Law. Since a two-thirds majority in the Bundestag and Bundesrat must be achieved for an amendment to the Basic Law , the large popular parties in particular are addressed. On September 29, 2009, the state governments of Berlin, Bremen and Hamburg jointly submitted a Federal Council initiative to supplement the ban on discrimination in Article 3 of the Basic Law. The decision of the Hamburg citizenship also took place with the votes of the government faction of the CDU, which has not yet spoken out in favor of an amendment to the Basic Law at the federal level; In February 2011, the Saarland state parliament voted unanimously in favor of protection against discrimination.

In the opinion of the supporters of the artikeldrei initiative , an amendment to the Basic Law is supported by the fact that this, in its existing form, leaves the legislature greater leeway for unequal treatment on the basis of sexual identity; more leeway than would be the case with an express prohibition of discrimination. It is reminded of the case law of the Federal Constitutional Court in 1957 on the then § 175 StGB , which expressly confirmed the constitutionality of § 175 StGB. The law that existed until 1994 would not have been possible within the framework of an expanded Art. 3 GG. Such a law could therefore in principle be passed again with a simple majority. In the opinion of the proponents, a ban on discrimination would send a signal that could help increase the acceptance of those affected.

reception

The initiative is supported by some parties and numerous prominent figures from German politics, culture and society who have spoken out in favor of a corresponding change to Art. 3 GG.

The parties Bündnis 90 / Die Grünen , Die Linke and the SPD support the action; Within the CDU , the amendment to the Basic Law has so far only been advocated by individuals from the CDU, such as Heiner Geißler , the CDU of the State of Hamburg and the party organization " Lesbians and Gays in the Union ". The majority of the members of the CDU / CSU and FDP rejected an amendment to the Basic Law as “symbolic politics” . An explicit mention of the sexual orientation is not necessary, since the existing formulation already protects all people from discrimination. The CDU MP Andrea Voßhoff said:

“ Our constitution is not the right place for the fulfillment of socio-political wishes, however comprehensible and worthy of support. "

The federal chairman of the Turkish community in Germany, Kenan Kolat , on the other hand, points out that the fathers of the Basic Law - under the impression of the National Socialist regime - only defined individual protection for groups that are often discriminated against and that there is therefore a need for reform. The amendment to the Basic Law must, going beyond the protection of sexual identity, anchor the protection of minorities in the sense of group law .

Proponents of an amendment to the Basic Law include the former Justice Minister Brigitte Zypries and the former constitutional judge Christine Hohmann-Dennhardt . Zypries sees an effect of the amendment of Art. 3 GG that goes beyond the symbolism . This would put the legislature under pressure to justify the constitution :

“[One] could then no longer use flimsy arguments to prevent civil servants from being treated on an equal footing with spouses and civil partners. A constitutional amendment changes the standard by which the simple laws are to be measured. "

In addition, celebrities such as Maybrit Illner , Frank Bsirske , Dirk Bach , Hape Kerkeling , Iris Berben , Charlotte Knobloch and Bishop Maria Jepsen have spoken out in favor of an amendment to the constitution.

There is broad coverage of the initiative in daily newspapers, for example in the taz , the Tagesspiegel and the Süddeutsche Zeitung as well as in the internet newspaper ngo-online .

Petition to the Bundestag

On December 27, 2009, a petition for the extension of Art. 3 GG was submitted to the German Bundestag , which was also made available online for co-signature. The deadline ended on March 3, 2010 and was signed by a comparatively high number of voters with 9,749 people.

Rejection of the draft law by the Bundestag

On June 30, 2011, the Bundestag rejected all of the opposition parties' bills relating to Art. 3 GG , against the votes of the opposition .

Web links

Individual evidence

  1. ↑ So z. B. the CSD in Hamburg ( Memento of the original from July 18, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. and Berlin. @1@ 2Template: Webachiv / IABot / hamburg.lsvd.de
  2. ↑ lsvd.de February 2011: Saarland Landtag votes unanimously for the amendment of Article 3
  3. ↑ Joint Federal Council initiative of the states of Berlin, Bremen and Hamburg to amend Article 3 ( Memento of the original of September 13, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.artikeldrei.de
  4. ↑ BVerfG, judgment of May 10, 1957, Az. 1 BvR 550/52, BVerfGE 6, 389 = NJW 1957, 865.
  5. ↑ a b Argumentation of the article three initiative: Voices on the Basic Law Christine Hohmann-Dennhardt: Contribution to the amendment of Article 3. (No longer available online.) In: Strengthening the foundations of freedom - 60 years of the Basic Law (Congress report). gruene-bundestag.de, March 20, 2009, formerly in the original ; Retrieved July 19, 2009 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.gruene-bundestag.de  
  6. ↑ Bundestag: Leftists also want to include features of sexual identity in the Basic Law ( memento of the original from March 26, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.bundestag.de
  7. ^ Article three: Supporters of the action, associations and clubs
  8. ↑ Press release of the Bundestag ( Memento of the original from September 18, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.bundestag.de
  9. ↑ Article on the topic on siegessaeule.de
  10. ↑ Kenan Kolat: 60 Years of the Basic Law - Developments in the Course of Migration. (PDF; 136 kB) Turkish Congregation in Germany, March 25, 2009, accessed on July 19, 2009 .
  11. ↑ Susanne Höll: Interview with Brigitte Zypries - “Deeply unjust”. Süddeutsche Zeitung , June 25, 2009, accessed on July 2, 2009 .
  12. ^ Sirko Salka, Andreas Hergeth: Closing the last gaps - Conversations with Brigitte Zypries. (PDF; 1.9 MB) (No longer available online.) In: Siegessäule 6/2009, supplement Pride Extra. Victory Column, p. 12 , formerly in the original ; Retrieved July 19, 2009 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.artikeldrei.de  
  13. ↑ Three Articles: Proponents of the Action, People
  14. ↑ Jan Feddersen: Gays and lesbians do not have equal rights. Christian homophobic. taz , June 26, 2009, accessed July 15, 2009 .
  15. ↑ Sabine Beikler / Lars von Törne: Sexual identity should be protected in the Basic Law. Der Tagesspiegel , June 25, 2009, accessed on July 15, 2009 .
  16. ↑ Same-sex couples have duties but no rights. Süddeutsche Zeitung , June 24, 2009, accessed on July 15, 2009 .
  17. ↑ Protection against discrimination. Lesbians and gays require amendments to the Basic Law. ngo-online, December 16, 2008, accessed July 15, 2009 .
  18. ↑ Petition of December 27, 2009 to the German Bundestag : "Basic Law - Consideration of sexual identity in Article 3 of the Basic Law" - the deadline for signing ended on March 3, 2010.
  19. ↑ bundestag.de The resolutions of the Bundestag on June 30th and July 1st: Sexual identity not included in the Basic Law