Just a few decades ago, queer people in Austria had to live with prosecution, social exclusion, and state discrimination. Step by step, however, activists fought for change. Today, many rights are legally protected. But the path there was long, and political conflicts remain to this day.
Homosexuality was long punishable in Austria. Men, in particular, were persecuted. The so-called„Unnatural offences“The paragraph criminalized same-sex relationships for decades. Police and the judiciary regularly took action against those affected, many lost their jobs or were socially ostracized.
It wasn't until the 1970s that the situation slowly began to change. In 1971, the government under Chancellor Bruno Kreisky abolished the general criminal offense for homosexual relationships between adults. However, discrimination did not disappear completely: Several Special provisions remained in place and criminalized same-sex relationships with younger partners or public „advertising“ of homosexuality, for example.
The first queer movements
In the 1980s and 1990s A visible LGBTQ+ movement emerged in Austria. Activists founded associations, organized demonstrations, and demanded equal rights. Queer rights in Austria were publicly and politically demanded on a broader scale for the first time during this phase. Events like the Rainbow Parade in Vienna became important symbols of visibility and equality. Dishes also played a role.
The European Court of Human Rights has repeatedly found that discriminatory laws against homosexual people against Human rights expel. This also put Austrian laws under pressure. In 2002, Austria finally struck down the last discriminatory criminal provisions against homosexual men.
Registered Partnership and Marriage for All
Another big step followed 2010Same-sex couples were able to enter into a registered partnership for the first time. This gave them legal protection, for example in matters of inheritance law or shared apartments. However, this partnership initially remained clearly separate from marriage.
Many activists criticized this solution as „Second-class marriage“Several lawsuits eventually ended up before the Constitutional Court. In 2017, the court decidedThe unequal treatment is unconstitutional. Since 2019 Can same-sex couples marry in Austria? Thus, „marriage for all“ officially applies.
Rights of trans and intersex people
The legal situation has also changed for trans people. For several years now, people have been able to change their gender entry in the civil registry without having to undergo surgery.
Courts have also clarified that a third gender entry may be possible. This is an important step for intersex people. Nevertheless, many organizations criticize that procedures often complicated and tedious stay.
Political conflicts to this day
The expansion of queer rights in Austria has been strongly supported by progressive parties. Above all Social Democratic Party of Austria, Green and later on NEOS regularly advocate for equality, for example, in the opening of marriage or in anti-discrimination protection. Conservative and right-wing parties have long been skeptical of many reforms. Especially Austrian People's Party and Freedom Party of Austria rejected marriage for all for years or at least did not want to actively implement it.
With these words, SPÖ National Council member Mario Lindner criticized the legal separation of marriage and registered partnership in 2018 in parliament as unequal treatment of homosexual couples.
It was only through court rulings that the change finally came about. Today, although the most parties officially the legal status quo. At the same time, political debates continue, for example, about education programs on sexual diversity, about protection against hate crimes, or about the rights of trans youth.
