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In January 2017, Lower Austria became the last Austrian state ( Bundesland) to update its anti-discrimination laws to cover sexual orientation in the provision of goods and services. Gender identity and intersex status are not explicitly included, but are perceived as being covered under "gender". The Equal Treatment Act ( German: Gleichbehandlungsgesetz) has included anti-discrimination protections on the basis of sexual orientation since 2004, to follow the implementation of EU legislation prohibiting discrimination on that ground. The children's best interest must be taken and guaranteed in every adoption process, the court ruled. It decided that the non-biological mother should be fully recognized as a parent, through way of an adoption, and enjoy the same rights, treatment and obligations as a heterosexual father would, even if the couple has separated. In October 2018, in a case concerning adoption issues following the end of a relationship, the Austrian Constitutional Court ruled that same-sex couples must be treated the same way as opposite-sex couples. Īdditionally, lesbian couples can get access to artificial insemination and IVF treatments. On 30 October 2015, the Justice Minister announced that the ban would no longer be enforced starting on 1 January 2016, thus allowing the Court's decision to automatically cancel the joint adoption ban. In January 2015, the Constitutional Court found the existing laws on adoption to be unconstitutional and ordered the laws to be changed by 31 December 2015 to allow joint adoption by same-sex couples. The law entered into force on 1 August 2013. On 4 July 2013, the Austrian Parliament passed a government bill that allows stepchild adoption by same-sex couples. Austria that a partner in a same-sex union has the right to adopt his or her partner's biological child. On 19 February 2013, the European Court of Human Rights ruled in X and Others v. In January 2018, the new ÖVP-Chancellor, Sebastian Kurz, said on national television that his new Government will respect the ruling by the Constitutional Court and that same-sex marriage would become legal in Austria on 1 January 2019.
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The ruling would take effect on 1 January 2019, though the plaintiffs in the court case were allowed to marry prior to that date. On 5 December 2017, the Constitutional Court struck down the ban on same-sex marriage as unconstitutional. On 15 April 2016, a court dismissed the case as well. A second lawsuit was heard on 21 March 2016 in Linz. They also filed a lawsuit challenging the current law however, it was dismissed by a lower court. The Greens had however introduced a bill in Parliament, and in 2015 a citizens' initiative "Ehe Gleich!" was set up to petition the Parliament to consider the legalisation of same-sex marriage. Austria in 2003, cohabitating same-sex couples were given the same rights as cohabitating opposite-sex couples.įirst planned in 2007, registered partnerships have been legal in Austria since 1 January 2010.īefore the Constitutional Court decided to legalize same-sex marriage, the Austrian Government had not legalised same-sex marriage due to opposition by the Austrian People's Party (ÖVP). The Austrian Constitutional Court ( Verfassungsgerichtshof) has issued multiple landmark LGBT rulings, including the 2017 ruling legalising same-sex marriage.įollowing the ruling of the European Court of Human Rights in Karner v. In June 2019, Minister of Education, Science and Research Iris Eliisa Rauskala became the first government minister to come out as lesbian. However, there are still many LGBT minorities think being different is a problem. The country, while influenced by Roman Catholicism, has slowly become more liberal with laws and social opinions concerning sexual orientation and gender identity. On 5 December 2017, the Austrian Constitutional Court decided to legalise same-sex marriage, and the ruling went into effect on 1 January 2019.
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Stepchild adoption was legalised in 2013, while full joint adoption was legalised by the Constitutional Court of Austria in January 2015. Registered partnerships were introduced in 2010, giving same-sex couples some of the rights of marriage. Both male and female same-sex sexual activity are legal in Austria. Lesbian, gay, bisexual, and transgender (LGBT) rights in Austria have advanced significantly in the 21st century. Stepchild adoption since 2013, joint adoption since 2016 Yes, discrimination protections since 2004 for employment and 2017 for the provision of goods and services ( see below) Transgender people allowed to change gender surgery not required