Lexi Webster
Same-sex marriage has been legal in Austria since 1 January 2019, making it the 15th country in Europe and the 24th in the world to allow same-sex couples to marry nationwide. The road to marriage equality in Austria was a long one, with the Social Democratic Party (SPÖ) and the Greens calling for the recognition of same-sex unions as early as 2003. In 2009, Interior Minister Maria Fekter set up a working group to hold talks on the issue of partnership recognition for same-sex couples, and in 2010, Austria adopted a law on registered partnerships for same-sex couples. Finally, on 4 December 2017, the Austrian Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution guarantee same-sex couples the right to marry, and this decision took effect on 1 January 2019.
| Characteristics | Values |
|---|---|
| Date of legalization of gay marriage in Austria | 1 January 2019 |
| Austria's ranking in Europe | 15th country |
| Austria's ranking worldwide | 24th country |
| Date of Austrian Constitutional Court's ruling | 4 December 2017 |
| Ruling of the Court | Ban on same-sex marriage is unconstitutional |
| Basis of the ruling | Prohibition against discrimination in the Austrian Constitution |
| Law before 2019 | Registered partnerships for same-sex couples since 2010 |
| Rights provided by the law before 2019 | Several but not all rights, benefits, obligations, and responsibilities of marriage |
| Political parties that supported same-sex marriage before legalization | The Greens, SPÖ, NEOS |
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What You'll Learn
- Same-sex marriage has been legal in Austria since 1 January 2019
- The Austrian Constitutional Court ruled that a ban on same-sex marriage was unconstitutional in December 2017
- Austria recognised same-sex registered partnerships in 2010, providing several but not all the rights of marriage
- The Social Democratic Party (SPÖ) and the Greens called for the recognition of same-sex unions between 2003 and 2007
- In 2019, 4,173 same-sex couples had entered into registered partnerships, mostly in Vienna
Same-sex marriage has been legal in Austria since 1 January 2019
The court ruled that the law on civil marriage, which limits marriage to a union between a man and a woman, violates the prohibition against discrimination in the Austrian constitution. The ruling stated that a ban on same-sex marriage conveys the message that lesbian, gay, and bisexual people are not equal to heterosexuals, and concluded that this amounts to discrimination. The court also held that the existence of two different legal institutions for marriage and registered partnership, with different names, constitutes discrimination.
The Austrian LGBT rights organizations had been invited to hold talks on the issue of partnership recognition for same-sex couples as early as February 2009, and Interior Minister Maria Fekter announced that a registered partnership bill would be enacted in autumn 2009 and become effective on 1 January 2010. This allowed same-sex couples to enter into registered partnerships, a status that provides most of the same rights as marriage, but they were still unable to legally marry. The Greens and the Social Democratic Party (SPÖ) had been calling for the recognition of same-sex unions since 2003, and in 2005, the Greens became the first major party to expressly call for the legalisation of same-sex marriage.
Austria became the fifteenth country in Europe and the 24th in the world to allow same-sex couples to marry nationwide.
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The Austrian Constitutional Court ruled that a ban on same-sex marriage was unconstitutional in December 2017
On 4 December 2017, the Austrian Constitutional Court ruled that a ban on same-sex marriage was unconstitutional. This was a landmark decision for equal marriage rights, as Austria became the first country in Europe with a Constitutional Court to declare that excluding gay people from civil marriage is unconstitutional. The ruling stated that the law on civil marriage, limiting it to a union between a man and a woman, violated the prohibition against discrimination in the Austrian Constitution.
The Austrian government and parliament were urged to quickly adopt marriage equality legislation. The court gave them until 1 January 2019, to agree on legislation allowing same-sex couples to enter civil marriages. If they failed to act by that date, the civil marriage law would become unconstitutional. The ruling was based on the recognition that the existing restrictions on marriage were inherently discriminatory against same-sex couples, as disclosing one's marital status automatically indicated their sexual orientation, leading to potential discrimination.
The Austrian Constitutional Court's decision was the latest in a series of legal and electoral victories for same-sex marriage globally. It sent a powerful message that "separate is not equal" when it comes to the legal status of relationships. This ruling provided an incentive for same-sex couples in other countries to turn to their courts to claim equal marriage rights. The decision took effect on 1 January 2019, making Austria the 15th country in Europe and 24th worldwide to allow same-sex couples to marry nationwide.
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Austria recognised same-sex registered partnerships in 2010, providing several but not all the rights of marriage
Same-sex marriage has been legal in Austria since 1 January 2019. However, the country has had a long road to marriage equality, with several political parties and LGBT+ rights organisations advocating for the legalisation of same-sex marriage years before it was officially recognised.
In June 2004, the Greens proposed a civil pact modelled after the French civil solidarity pact. In December of the same year, the Social Democratic Party (SPÖ) adopted a major policy decision on the issue of equal treatment for same-sex couples, calling for the introduction of registered partnerships and supporting the investigation of opening marriage to same-sex couples.
In April 2006, the Vienna branch of the SPÖ explicitly called for the legalisation of marriage and adoption for same-sex couples. Following the October 2006 election, the conservative Schüssel Government was succeeded by an SPÖ-ÖVP grand coalition. In their "Perspectives" paper released on 1 October 2007, the coalition announced its support for registered partnerships, with a draft released in late October 2007. This draft would have granted couples in registered partnerships the same rights as married couples, except for adoption rights.
In February 2009, Interior Minister Maria Fekter set up a working group with Austrian LGBT+ rights organisations to discuss the issue of partnership recognition for same-sex couples. She announced that a registered partnership bill would be introduced and enacted in autumn 2009, coming into effect on 1 January 2010. On 12 October 2009, the Greens urged the government to keep its promise of implementing registered partnerships by January 2010. The next day, the Minister of Justice, Claudia Bandion-Ortner, announced that a registered partnership law would be forthcoming "in a few weeks".
Austria recognised same-sex registered partnerships on 1 January 2010, providing several but not all of the rights of marriage. These registered partnerships were based on the Swiss model and were applicable only to same-sex couples. While this was a step forward, it still fell short of full marriage equality. Same-sex couples in registered partnerships did not have the same rights as married couples, and they were still discriminated against in various ways.
On 4 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 sent a powerful message that separate is not equal and that banning same-sex marriage conveys the message that lesbian, gay, and bisexual people are not equal to heterosexuals, amounting to discrimination. The decision took effect on 1 January 2019, making Austria the fifteenth country in Europe and the 24th in the world to allow same-sex couples to marry nationwide.
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The Social Democratic Party (SPÖ) and the Greens called for the recognition of same-sex unions between 2003 and 2007
Between 2003 and 2007, the Social Democratic Party (SPÖ) and the Greens were in opposition while the government was led by the conservative Austrian People's Party (ÖVP). Both centre-left parties advocated for the recognition of same-sex unions. The Greens were the first of the two parties to propose a civil pact for same-sex couples, modelled after the French civil solidarity pact, in June 2004. The following December, the SPÖ made a significant policy decision on the issue of equal treatment for same-sex couples, calling for registered partnerships and expressing support for investigating the possibility of opening marriage to these couples.
In May 2005, the Greens became the first major party to explicitly call for the legalisation of same-sex marriage. They praised Switzerland's referendum in June 2005, which legalised registered partnerships, and called for similar rights in Austria. The Vienna branch of the SPÖ followed suit in April 2006, explicitly calling for the legalisation of marriage and adoption for same-sex couples. After the October 2006 election, the conservative Schüssel Government was replaced by an SPÖ-ÖVP grand coalition on 11 January 2007.
In October 2007, the coalition announced its support for registered partnerships, modelled after the Swiss version, which would grant nearly the same rights as married couples, except for adoption rights. The registered partnership bill was planned to be introduced to the Austrian Parliament in September 2008, but the coalition of Social Democrats and the Austrian People's Party dissolved, and early elections were scheduled for 28 September. Despite the setbacks, the efforts of the Social Democratic Party and the Greens during this period were instrumental in laying the groundwork for the eventual legalisation of same-sex marriage in Austria.
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In 2019, 4,173 same-sex couples had entered into registered partnerships, mostly in Vienna
The fight for marriage equality in Austria has been a long one, with several political parties, LGBT+ rights organisations, and individuals advocating for change since the early 2000s. In 2019, 4,173 same-sex couples had entered into registered partnerships, mostly in Vienna, but this progress was hard-won.
In 2003, the European Court of Human Rights ruled in Karner v. Austria that cohabiting same-sex partners must be given the same rights as unmarried cohabiting opposite-sex partners. This was a significant step forward, but full marriage equality remained elusive. Over the next few years, various political parties, including the Greens and the Social Democratic Party (SPÖ), called for the recognition of same-sex unions and the legalisation of same-sex marriage.
In 2009, Interior Minister Maria Fekter took an important step by setting up a working group with Austrian LGBT+ rights organisations to discuss partnership recognition for same-sex couples. This led to the introduction of registered partnerships, which came into effect on 1 January 2010. However, these partnerships did not confer all the same rights as marriage, and the fight for full equality continued.
It wasn't until 4 December 2017 that the Austrian Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution guarantee same-sex couples the right to marry. This ruling took effect on 1 January 2019, making Austria the 15th country in Europe and the 24th worldwide to allow nationwide same-sex marriage.
The road to achieving this milestone was not without its challenges. The Austrian People's Party (ÖVP) had long opposed the legalisation of same-sex marriage, and progress was often slow and met with resistance. However, with the 2017 ruling, Austria took a significant step forward in recognising the rights of its LGBT+ citizens. By June 2019, 4,173 same-sex couples had entered into registered partnerships, a testament to the dedication and perseverance of the LGBT+ community and their allies in Austria.
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Frequently asked questions
Gay marriage became legal in Austria on 1 January 2019.
On 4 December 2017, the Austrian Constitutional Court ruled that a ban on same-sex marriage was unconstitutional and discriminatory.
Polling indicates that a majority of Austrians supported the legal recognition of same-sex marriage.
The ruling came amid coalition negotiations between the Austrian People's Party (ÖVP) and the far-right Freedom Party (FPÖ), both of which opposed same-sex marriage.
Same-sex civil unions had been recognized in Austria since 1 January 2010, providing several but not all of the rights of marriage.
