Gay Marriage In Austria: What's The Legal Status?

Gay marriage has been legal in Austria since 2019, following a ruling by the Austrian Constitutional Court in 2017 that the ban on same-sex marriage was discriminatory and unconstitutional. This ruling came into effect on the 1st of January 2019, making Austria the 24th country in the world to legalise same-sex marriage. The decision was a powerful victory for equal marriage rights, with the court explicitly stating that a ban on gay marriage conveys the message that lesbian, gay, or bisexual people are not equal to heterosexuals.

Austria's Constitutional Court ruled that a ban on same-sex marriage was discriminatory

On December 4, 2017, Austria's Constitutional Court ruled that a ban on same-sex marriage was discriminatory and therefore unconstitutional. The ruling was a powerful victory for equal marriage rights, as it was the first time a Constitutional Court in Europe had held that excluding gay people from civil marriage was unconstitutional.

The court found that the law on civil marriage, which restricted civil marriage to a union between a woman and a man, violated the prohibition against discrimination in the Austrian constitution. The ruling explicitly stated that a ban on same-sex marriage conveys the message that lesbian, gay, or bisexual people are not equal to heterosexuals and concluded that this amounted to discrimination. The judges ruled that banning same-sex couples from civil marriage is a violation of the fundamental principle that people are entitled to be treated equally and that the state is not allowed to discriminate against people based on their personal characteristics.

The Austrian government and parliament were given until January 1, 2019, to agree on legislation allowing same-sex couples to enter civil marriage. If the government did not act by then, the civil marriage law would become unconstitutional. The ruling took effect on January 1, 2019, making Austria the 24th country in the world and the 15th in Europe to allow same-sex couples to marry nationwide.

The ruling was based on the non-discrimination and equality provisions of the Constitution of Austria, which guarantee same-sex couples the right to marry. The decision was influenced by the fact that over time, the differences between civil marriage and registered partnerships had diminished. For example, since 2016, same-sex couples have been allowed to adopt children, and all couples have equal access to medically assisted reproduction.

The court also concluded that the law on registered partnerships, which only allowed same-sex couples to register their relationships, discriminated against different-sex couples. Therefore, in the absence of any action by the government and parliament, as of January 1, 2019, registered partnerships were also opened to different-sex couples.

Same-sex marriage has been legal in Austria since 2019

The road to marriage equality in Austria was a gradual one. Registered partnerships, which granted same-sex couples some of the rights of marriage, were introduced in 2010. In 2013, stepchild adoption was legalised, and in 2016, the Constitutional Court legalised full joint adoption.

The legalisation of same-sex marriage in Austria was the result of a decades-long fight for LGBTQ+ rights in the country. Over the years, Austria has made significant progress in advancing the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals. Same-sex sexual activity was decriminalised in 1971, and in 2004, the Equal Treatment Act included anti-discrimination protections based on sexual orientation in employment. In 2015, amendments to the Criminal Code made it an aggravating circumstance to commit a crime based on the victim's sexual orientation and banned hate speech based on sexual orientation.

Despite these advancements, there is still work to be done to ensure full equality for LGBTQ+ individuals in Austria. Some conservative political parties, such as the Austrian People's Party and the Freedom Party, tend to oppose LGBTQ+ rights. Additionally, public opinion on LGBTQ+ issues appears to be somewhat divided, and there are still many LGBTQ+ minorities who feel that being different is a problem. Nonetheless, Austria's legalisation of same-sex marriage in 2019 marked a significant step forward in the country's journey towards greater equality and acceptance for the LGBTQ+ community.

Same-sex couples in Austria have been able to enter a registered partnership since 2010

The push for greater equality for same-sex couples in Austria continued, and in 2013, stepchild adoption was legalised. This was followed in 2016 by the legalisation of full joint adoption by the Constitutional Court of Austria. Then, on 5 December 2017, the Austrian Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution of Austria guarantee same-sex couples the right to marry. This ruling took effect on 1 January 2019, making Austria the 24th country in the world and the 15th in Europe to legalise same-sex marriage nationwide.

Despite this progress, there is still some opposition to LGBTQ+ rights in Austria, and many LGBTQ+ minorities feel that being different is a problem. However, overall, Austria is moving towards greater equality, and same-sex couples who decide to marry or enter a registered partnership now have access to a wide range of rights and benefits.

The Catholic Church does not support gay marriage, but most Austrian Catholics do

Gay marriage has been legal in Austria since 2019. The country has a strong Catholic presence, and the Catholic Church does not support gay marriage. However, Pope Francis, the head of the Catholic Church, has alluded to his support for same-sex civil unions, softening the Church's stance.

Austria has a history of progressive LGBTQ+ laws and social opinions. The country has become increasingly liberal concerning laws and social opinions around sexual orientation and gender identity. In 2013, the European Court of Human Rights ruled that a partner in a same-sex union has the right to adopt their partner's biological child. In 2016, the Constitutional Court of Austria legalised full joint adoption. In 2019, Minister of Education, Science and Research Iris Eliisa Rauskala became the first government minister to come out as lesbian. Austrian President Alexander Van der Bellen has also shown his support for LGBTQ+ rights, stating that they are human rights.

Despite the Catholic Church's stance, many Austrian Catholics support gay marriage. A 2017 Pew Research Center poll found that 72% of Austrians supported same-sex marriage, with only 26% of Austrian Catholics opposing it. This is similar to progressive religious countries such as France, Germany, Ireland, and Spain. Austria's support for gay marriage is also reflected in its willingness to embrace same-sex marriages in local churches, although this is left to the discretion of each church.

The Catholic Church has a complex relationship with LGBTQ+ rights. While it does not support gay marriage, it has intervened in political discourses and enacted provisions to resist civil unions or same-sex marriage. The Church teaches that "homosexual acts are intrinsically disordered" and calls on gay people to practice "chastity." At the same time, the Church calls on Catholics to treat gay men and women with "respect, compassion, and sensitivity." Pope Francis has shown compassion towards same-sex couples, stating that civil governments should give them stability and safety. In December 2023, Pope Francis approved blessings of same-sex unions, marking a significant shift in the Church's stance.

Austria is one of 37 countries where same-sex marriage is legal

In Austria, same-sex marriage has been legal since 1 January 2019, following a ruling by the Constitutional Court on 4 or 5 December 2017 that the ban on same-sex marriage was unconstitutional and discriminatory. The court found that the law on civil marriage, which limited marriage to heterosexual couples, violated the prohibition against discrimination in the Austrian constitution. The ruling gave the Austrian government and parliament until 1 January 2019 to agree on legislation allowing same-sex couples to marry.

The legalisation of same-sex marriage in Austria was the result of a decades-long push for greater rights and recognition for LGBTQ+ people in the country. Homosexuality was decriminalised in 1971, and in 2010, registered partnerships were introduced, giving same-sex couples some of the rights of marriage. Over time, these partnerships have come to confer many of the same benefits as marriage, and since 2019, they have also been open to heterosexual couples. Stepchild adoption was legalised for same-sex couples in 2013, and full joint adoption in 2016.

Despite this progress, there is still some opposition to LGBTQ+ rights in Austria, and many LGBTQ+ minorities feel that being different is a problem. More conservative political parties, such as the Austrian People's Party and the Freedom Party, tend to oppose LGBTQ+ rights. However, public opinion polls indicate that a majority of Austrians support the legal recognition of same-sex marriage, and the country is generally considered progressive when it comes to LGBTQ+ rights.

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