Lesbian, gay, bisexual, and transgender LGBT rights in Austria have advanced significantly in the 21st century. Both male and female same-sex sexual activity are legal in Austria.
Registered partnerships were introduced ingiving same-sex couples some of the rights of marriage. Stepchild adoption was legalised inwhile full joint adoption was legalised by the Constitutional Court of Austria in January On 5 Decemberthe Austrian Constitutional Court decided to legalise same-sex marriage. Same-sex marriage will be legal starting on 1 Januaryunless the Parliament changes the law themselves beforehand.
The country, while influenced by Roman Catholicismhas slowly become more liberal with laws and social opinions concerning sexual orientation and gender identity.
Same-sex sexual acts have been legal since Inthe age of consent was equalized by a court decision from 18 to 14 years of age. Austria incohabitating same-sex couples were given the same rights as cohabitating opposite-sex couples.
The Greens had however introduced a bill in Parliament, and in a citizens' initiative "Ehe Gleich! They also filed a lawsuit challenging the current law, however, it was dismissed by a lower court. On 5 Decemberthe Constitutional Court struck down the ban on same-sex marriage as unconstitutional. Same-sex marriage will become legal on 1 January Austria that a partner in a same-sex union has the right to adopt his or her partner's biological child.
On 4 Julythe Austrian
Wikipedia homosexual adoption rights passed a government bill that allows stepchild adoption by same-sex couples. The law entered into force on 1 August In Januarythe Constitutional "Wikipedia homosexual adoption rights" found the existing laws on adoption to be Wikipedia homosexual adoption rights and ordered the laws to be changed by 31 December to allow joint adoption by same-sex couples.
Additionally, lesbian couples can get access to artificial insemination. The federal Labour Code has included anti-discrimination protections on the basis of sexual orientation sinceto follow the implementation of EU legislation prohibiting discrimination on that ground.
Gender identity and intersex status are not explicitly included, but are perceived as being covered under "gender". The Police Security Act requires the police to refrain from any actions that could create the impression of bias or that could be perceived as discrimination on the grounds of sexual orientation. Vienna has had its Youth Protection Law sinceand one city, Bludenzhas adopted a symbolic non-discrimination declaration which includes Wikipedia homosexual adoption rights orientation in The Federal Constitution theoretically protects all citizens equally, but several judments of the Constitutional Court have confirmed that these protections are not always enforced.
Inthe Austrian Parliament approved amendments to the Criminal Code, banning hate crimes and hate speeches "Wikipedia homosexual adoption rights" the basis of sexual orientation. Transgender people in Austria are allowed to change their legal gender and name so that they match their gender identity. They are not obliged to undergo sex reassignment surgery beforehand. On 14 Marchthe Constitutional Court preliminarily ruled that intersex people, who are biologically neither male nor female, can choose to have their entry in the birth registry left blank or changed to "inter", "other" or "X".
The Court also ruled that intersex medical interventions are not constitutional and should be Wikipedia homosexual adoption rights as much as possible. It ruled that such medical interventions could only be justified in exceptional cases, such as in life-threatening cases.
The final judgment was published on 29 Juneand entered into force immediately. As ofAustria allowed transgender people to serve openly in its military forces. The first major parliamentary debates on that issue took place thereafter, initiated by the Liberal Forum LIF which was campaigning strongly against discrimination of homosexuals, which at that time existed through section of the Austrian Penal Code, and for complete equality of treatment also including marriage and adoption.
Section set a higher age of consent for gay men, at 18 instead of 14 for heterosexuals and lesbians. After the LIF did not pass the four percent electoral threshold in the elections, the Social Democrats and the Green Party started to embrace this issue more. They proposed a model of registered partnership "Eingetragene Partnerschaft" including stepchild adoption.