LGBTQ rights in Austria
LGBTQ rights in Austria
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LGBTQ rights in Austria

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LGBTQ rights in Austria

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Austria have advanced significantly in the 21st century, and are now considered generally progressive. Both male and female forms of same-sex sexual activity are legal in Austria. Registered partnerships were introduced in 2010, giving same-sex couples some of the rights of marriage. Stepchild adoption was legalised in 2013, while 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.

The country, while influenced by Roman Catholicism, has become more liberal with laws and social opinions concerning sexual orientation and gender identity over time. However, there are still many LGBT minorities who think that being different is a problem. In June 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 supports LGBT rights and said they are human rights. In 2019, he became the first head of state to take part in the EuroPride parade in Vienna.

In 1770, the Constitutio Criminalis Theresiana, the first unified criminal law for the Habsburg hereditary lands, criminalized various sexual acts, including sodomy. Offenders were subject to decapitation and burning, and sometimes branding. However, same-sex acts were not consistently pursued, and Maria Theresa had the authority to grant pardons.

In 1787, Joseph II reformed the law, introducing milder punishments. Although the death penalty for homosexuality was officially abolished, it was replaced with forced labor, including the brutal practice of ship pulling.

In 1803, a new criminal law abolished ship pulling for homosexuals, substituting it with imprisonment for six months to one year.

The criminal code underwent several amendments until 1852 when impropriety against nature was still punishable, with increased imprisonment from one to 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.

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