Homosexuality in Austria

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Geographical location of Austria

Homosexuality in Austria was affected by discriminatory legislation and persecution for a long time, especially during the time of National Socialism and in the first two decades after the founding of the Republic of Austria. Today, however, homosexuality is widely accepted, especially in larger cities. There are no longer any laws punishing homosexual intercourse. Since 2009 it has been possible for same-sex couples to enter into a civil partnership that is recognized in most areas of law. Marriage has been open to homosexual and heterosexual couples since January 1, 2019. Recently, the situation in the area of LGBT rights and the public handling of it has improved.

legality

Rainbow and Austrian flags at a performance by Conchita Wurst (2014)

Adult homosexuality was legalized in 1971. In 2002, according to a ruling by the Constitutional Court, the age of consent for male homosexuals was lowered from 18 to 14 years. The European Court of Human Rights had previously condemned Austria for its original legal position, which was classified as a violation of the European Convention on Human Rights .

Anti-discrimination laws

Since 2004, discrimination based on sexual orientation has been prohibited by law as a result of the implementation of EU anti-discrimination legislation. Homosexual people are not excluded from military service.

Recognition of same-sex partnerships

Within the German-speaking countries and most of the neighboring countries, Austria lagged behind in the area of ​​legal recognition of partnerships until 2009. A registered, state recognition as in many other northern and western European countries within the scope of a registered partnership had not previously been legally carried out. Likewise, marriage was not opened up to same-sex couples.

In the political discussion in 2008 was still the bill Civil Partnership Act the Ministry of Justice under Federal Minister Maria Berger spoken (SPO). The government coalition between the SPÖ and ÖVP has set up a working group to which representatives of the ministries and all Austrian homosexual organizations (including the Lambda Legal Committee, RosaLila Pantherinnen and HOSI Linz, Salzburg, Tyrol and Vienna) were invited.

In November 2009 the governing coalition agreed in the Council of Ministers to allow registered partnerships; However, lesbian and gay couples have only been able to get married at the registry office since April 2017. In civil, labor, immigration and pension law, as well as in tax law, homosexual, partnered couples are treated on an equal footing with heterosexual, married couples, and there is also the possibility of having a common name. The Registered Partnership Act (EPG) was passed in the National Council on December 10, 2009 with the votes of MPs from the SPÖ and ÖVP , and confirmed by the Federal Council on December 18, 2009. It was published on December 30, 2009 in Federal Law Gazette I No. 135/2009 and came into force on January 1, 2010.

According to the constitutional service in the Federal Chancellery, the civil status ordinance of the Ministry of the Interior was published on January 1, 2010. On January 4, 2010, the first four homosexual couples in Vienna registered as partnerships. Since August 1, 2013, the joint adoption of biological children has been legal in Austria . On January 14, 2015, the President of the Constitutional Court announced that the ban on adopting same-sex partners would be lifted, as “there is no objective justification for a differentiating regulation based solely on sexual orientation”. On January 1, 2016, the law on the joint adoption of non-biological children by partnered couples came into force in Austria.

Same-sex marriage

The same-sex marriage is possible in Austria since January 1 of 2019. Since October 2017, the Constitutional Court , the highest court in the country, has officially examined the marriage ban for homosexual couples for its constitutional conformity. On December 5, 2017, the Constitutional Court ruled that same-sex couples would be allowed to marry from January 1, 2019. In January 2018, ÖVP Prime Minister Sebastian Kurz declared on television that the new government would respect the ruling of the Austrian Constitutional Court and implement it in parliament in Austria. However, such an implementation did not initially take place, which led to considerable legal uncertainty, especially in the area of private international law . Since August 1, 2019, same-sex couples with a partner from a country in which same-sex marriage is not possible are also allowed to marry in Austria.

Social situation

Rainbow Parade 2007

A Eurobarometer survey in all member states of the European Union from June 2015 showed that Austria is one of the EU countries that are open to the rights of gays and lesbians. 73% of Austrians are in favor of same-sex marriage. The option of adoption is in favor of 56% of the population. A homosexual community can be found primarily in the capital Vienna as well as in the larger cities of Linz , Innsbruck , Salzburg and Graz . Every year in Vienna there is a rainbow parade for equal rights for gays and lesbians.

The Evangelical Church HB in Austria has made it possible for same-sex couples to be married under canon law. The Evangelical Church AB in Austria has allowed blessing services for same-sex married couples .

See also

Web links

Commons : Homosexuality in Austria  - Collection of pictures, videos and audio files

Individual evidence

  1. ↑ "Small criminal law reform " ( Federal Law Gazette No. 273/1971 , Criminal Law Amendment Act 1971 (pdf p. 1)
  2. ↑ knowledge G6 / 02 of the Constitutional Court of 21 June 2002, available on the Legal Information System of the Republic of Austria (RIS).
  3. ↑ European Court of Human Rights: Judgment on Az 45330/99 of January 9, 2003 ( Memento of the original of March 4, 2016 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 / archive.equal-jus.eu
  4. ↑ STANDARD Verlagsgesellschaft mbH: Homosexuals can now partner at the registry office . In: derStandard.at . ( derstandard.at [accessed on April 6, 2017]).
  5. ↑ But agreement on gay marriage. In: derStandard.at , November 17, 2009
  6. ↑ Austrians are also allowed to partner. In: Queer.de , December 10, 2009
  7. ↑ RKL celebrates “worst partnership law” as a success of its own. In: GGG.at , December 10, 2009
  8. ↑ Austria's parliament decides on civil partnership. In: TIMM.de
  9. ↑ Registration at the registry office - The first homosexual couples dared. In: derStandard.at , January 4, 2010
  10. ↑ According to the ECHR judgment, Austria introduces stepchild adoption. In: queer.de
  11. ↑ Austrian Parliament: Stepchild adoption is opened to same-sex couples
  12. ↑ VfGH overturns adoption ban for homosexuals. January 14, 2015, accessed January 14, 2015 .
  13. ↑ Austria lifts the ban on adoption for gay couples. In: Queer.de
  14. ↑ VfGH is examining the opening of marriage for same-sex couples in Austria. In: Kurier , October 17, 2017
  15. ^ The constitutional court allows marriage for everyone in Austria. In: Zeit.de , accessed on December 5, 2017.
  16. ^ The constitutional court in Austria allows "marriage for everyone". In: Sueddeutsche.de , accessed on December 5, 2017.
  17. ↑ The first: Chancellor Kurz: boy prodigy or political agitator
  18. ↑ The Standard: New marriage bans for all despite marriage
  19. ^ National Council removes the last hurdles in the "marriage for everyone". In: Parliament Correspondence No. 764. Austrian Parliament, July 2, 2019, accessed on August 1, 2019 .
  20. ↑ Irene Brickner: Homo marriage: Basically, the people in Austria should also decide directly. In: The Standard. June 1, 2015, accessed July 30, 2015 .
  21. ↑ https://derstandard.at/1381370702708/Mehrheit-will-Ehe-und-Adoption-fuer-Homosexuelle
  22. ^ Kurier.at: Evangelical Reformed Church opens weddings for homosexuals , March 16, 2019
  23. ↑ GGG.at: Evangelical Church welcomes the opening of marriage in Austria , December 6, 2017.
  24. ↑ Pastoral care for homosexuals (PDF document)