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In Austria, homosexuality has been decriminalized since 1971, when an amendment to the Penal Code removed penalties for non-commercial same-sex sexual acts between adults. However, the country has a long history of criminalizing same-sex acts, dating back to the late 18th century. While the death penalty for homosexuality was abolished in 1787, it was replaced with forced labor and other harsh punishments. Over time, Austria has made significant advancements in LGBTQ rights, with same-sex marriage, adoption, and anti-discrimination protections being gradually legalized in the 21st century.
| Characteristics | Values |
|---|---|
| Year homosexuality was decriminalized in Austria | 1971 |
| Year death penalty for homosexuality was abolished | 1787 |
| Year forced labor for homosexuality was abolished | 1803 |
| Year registered partnerships were introduced | 2010 |
| Year stepchild adoption was legalized | 2013 |
| Year full joint adoption was legalized | 2016 |
| Year same-sex marriage was legalized | 2017 |
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What You'll Learn
- In 1770, sodomy was criminalised and punishable by decapitation, burning and branding
- The death penalty for homosexuality was abolished in 1787 and replaced with forced labour
- In 1803, homosexuals were imprisoned instead of being forced to perform labour
- In 1971, non-commercial same-sex sexual acts between consenting adults were decriminalised
- In 2019, Austria's president became the first head of state to take part in EuroPride
In 1770, sodomy was criminalised and punishable by decapitation, burning and branding
In 1770, the Constitutio Criminalis Theresiana, the first unified criminal law for the Habsburg hereditary lands, was established. This law criminalised sodomy, with offenders facing harsh punishments such as decapitation, burning, and sometimes, branding. The death penalty was not limited to sodomy offences; it was also the punishment for murder, wounding, violent theft, and arson. However, by the 1840s, only murderers were actually executed for their crimes.
The criminalisation of sodomy in Austria was part of a broader historical context of sodomy laws in Europe and its colonies. During the colonial era, European nations imposed their pre-existing sodomy laws, which often included capital punishment, on the territories they colonised. For example, in the United States, sodomy laws from the colonial era criminalised a range of sexual acts deemed illegal or immoral, and these laws persisted long after the establishment of the United States as an independent nation. It wasn't until the 19th century that various state legislatures began to repeal the death penalty for sodomy law violations, with South Carolina being the last state to do so in 1873.
In Austria, the death penalty for homosexuality was abolished in 1787, when Joseph II reformed the law and introduced milder punishments. However, this did not mean the end of harsh penalties for homosexual acts. Instead of the death penalty, those convicted of homosexuality were subjected to forced labour, including the brutal practice of ship pulling. This practice was eventually abolished in 1803, and replaced with imprisonment for six months to one year.
It is important to note that while sodomy was criminalised in 1770, same-sex acts were not consistently pursued for prosecution. Maria Theresa, who had the authority to grant pardons, played a role in this inconsistent enforcement of the law. Nonetheless, the criminalisation of sodomy and the harsh punishments associated with it reflect the legal and social attitudes towards homosexuality in Austria during this time period.
It wasn't until much later, in the 21st century, that LGBTQ+ rights in Austria saw significant advancements, with male and female same-sex sexual activity being legalised. Registered partnerships were introduced in 2010, and stepchild adoption was legalised in 2013. Same-sex marriage was eventually legalised by the Austrian Constitutional Court in 2017, with the ruling taking effect on 1 January 2019.
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The death penalty for homosexuality was abolished in 1787 and replaced with forced labour
In 1770, the Constitutio Criminalis Theresiana, the first unified criminal law for the Habsburg hereditary lands, criminalized sodomy and other sexual acts. Punishments for offenders included decapitation, burning, and branding. However, same-sex acts were not consistently pursued, and Empress Maria Theresa could grant pardons.
The death penalty for homosexuality was abolished in 1787 by Joseph II, who introduced milder punishments. However, this did not signal a move towards tolerance, as the punishment was replaced with forced labour, including the brutal practice of ship pulling. Ship pulling involved forcing prisoners to replace oxen in hauling ships along the Danube River. This arduous task often resulted in injury and death.
In 1803, a new criminal law abolished ship pulling for homosexuals and substituted it with imprisonment for six months to one year. The criminal code underwent several amendments until 1852, when "impropriety against nature" remained punishable by law, with imprisonment terms increased to between one and five years. Legal interpretations evolved over time, initially exempting certain acts but later broadening the scope to include all immoral acts with a person of the same sex.
In 1971, an amendment to the Austrian Penal Code finally decriminalised non-commercial same-sex sexual acts between adults. However, the discriminatory Section 209 of the Penal Code remained, setting a higher age of consent for gay men at 18, four years higher than the age of consent for heterosexuals and lesbians, which was 14. It wasn't until 1995 that the International Human Rights Tribunal instigated a political discussion about the discrimination and persecution of LGBT persons in Austria, leading to the first major parliamentary debates on the issue.
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In 1803, homosexuals were imprisoned instead of being forced to perform labour
In 1770, the Constitutio Criminalis Theresiana, the Habsburg hereditary lands' first unified criminal code, criminalized sodomy and other sexual acts. Punishments for offenders included decapitation, burning, and branding. Although same-sex acts were not consistently prosecuted, the law was amended in 1787 by Joseph II, who replaced the death penalty with forced labor, such as ship pulling.
In 1803, a new criminal law was enacted that abolished ship pulling for homosexuals and replaced it with imprisonment for six months to a year. This change in punishment marked a shift in how homosexuals were treated in Austria, as they were now subjected to incarceration instead of forced labor. It is important to note that while the specific practice of ship pulling was abolished, forced labor as a punishment for homosexual acts may have persisted in other forms.
The 1803 law represented a modification in the penalties imposed on homosexual individuals, but it did not signify a complete transformation in societal attitudes or legal treatment. Homosexuality continued to be viewed as a criminal offense, and legal interpretations evolved over time. Initially, certain same-sex acts may have been exempt from punishment, but the scope of the law later broadened to encompass all immoral acts with a person of the same sex.
The evolution of legal interpretations demonstrates how societal attitudes and legal frameworks can shape the enforcement and consequences of laws. While the 1803 law abolished ship pulling as a punishment, the persistence of forced labor and the subsequent amendments to the criminal code underscore the ongoing discrimination and persecution faced by the LGBTQ community in Austria. It was not until 1971 that an amendment to the Penal Code decriminalized non-commercial same-sex sexual acts between adults in Austria.
In summary, the enactment of the 1803 law in Austria replaced ship pulling with imprisonment for homosexual acts, reflecting a shift in punishment but not a comprehensive transformation in societal attitudes or legal treatment. This change in penalty occurred within the context of evolving legal interpretations and societal perceptions of homosexuality, highlighting the ongoing struggle for LGBTQ rights and acceptance.
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In 1971, non-commercial same-sex sexual acts between consenting adults were decriminalised
In Austria, non-commercial same-sex sexual acts between consenting adults were decriminalised in 1971. This was a significant step forward for LGBTQ+ rights in the country, which had a long history of criminalising homosexuality.
Prior to this amendment, homosexual acts were illegal and punishable by harsh penalties. During Nazi rule, for example, homosexuality was illegal and carried the death penalty. Even after the death penalty for homosexuality was officially abolished, it was replaced with forced labour, including the brutal practice of ship pulling. This was eventually replaced with imprisonment for six months to one year in 1803. Despite these changes, same-sex acts continued to be criminalised, and legal interpretations evolved over time to include a broader range of immoral acts.
The decriminalisation of homosexuality in 1971 was, therefore, a pivotal moment in Austrian history. However, it is important to note that this amendment did not completely eradicate discrimination against LGBTQ+ individuals in Austria. While same-sex sexual activity was decriminalised, the 1971 amendment also introduced Section 209 of the Austrian Penal Code, which set a higher age of consent for gay men at 18, four years higher than the age of consent for heterosexuals and lesbians, which remained at 14.
Since the decriminalisation of homosexuality in 1971, Austria has made further progress in advancing LGBTQ+ rights. Registered partnerships for same-sex couples were introduced in 2010, providing some of the rights of marriage. In 2013, stepchild adoption was legalised, and full joint adoption followed in 2016. Same-sex marriage was ultimately legalised by the Austrian Constitutional Court in 2017, with the ruling taking effect on 1 January 2019.
While there has been a notable evolution in Austria's laws and social opinions concerning sexual orientation and gender identity, influenced by the country's Roman Catholic roots, there is still work to be done to ensure full equality and acceptance for LGBTQ+ individuals in the country.
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In 2019, Austria's president became the first head of state to take part in EuroPride
In 1971, Austria decriminalized non-commercial same-sex sexual acts between adults. However, it was not until 2019 that Austria achieved full marriage equality. That year, the country's president, Alexander Van der Bellen, became the first head of state to take part in EuroPride.
EuroPride is a pan-European international event dedicated to LGBT pride, hosted by a different European city each year. The host city is usually one with an established pride event or a significant LGBT community. Vienna, the capital of Austria, hosted EuroPride in 2019, celebrating the 50th anniversary of the Stonewall riots. About half a million people participated in what was Europe's largest-ever LGBTQ festival. The festival, themed "Together and Proud," lasted for more than two weeks, from Saturday, June 1 through Sunday, June 16, with the parade happening on the last Saturday. The parade, known as the "Rainbow Parade," started at Vienna's Burgtheater and passed through many of the city's landmarks, including Austria's Parliament building and the Vienna State Opera House.
Austrian President Alexander Van der Bellen has stated that LGBT rights are human rights. Austria has made significant advancements in LGBTQ rights in the 21st century and is now considered generally progressive. Registered partnerships were introduced in 2010, giving same-sex couples some of the rights of marriage. Stepchild adoption was legalised in 2013, and full joint adoption was legalised by the Constitutional Court of Austria in 2016. 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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Frequently asked questions
Homosexuality was decriminalized in Austria in 1971.
In 1971, an amendment to the Penal Code decriminalized non-commercial same-sex sexual acts between adults.
The punishment for homosexuality included the death penalty, forced labor, and imprisonment.
The death penalty for homosexuality was officially abolished in 1787 and replaced with forced labor.
LGBTQ+ rights in Austria have advanced significantly in the 21st century and are now considered generally progressive. Same-sex marriage has been legal since 2019.
