Austria

The history of LGBT rights in Austria is characterized by a long period of strict criminalization followed by a rapid legal evolution in the 21st century. Unlike many other Western nations where changes were driven by parliament, most major breakthroughs in Austria (such as marriage equality and adoption rights) were achieved through court rulings—specifically by the Austrian Constitutional Court (Verfassungsgerichtshof) and the European Court of Human Rights.


Here is the historical overview of the legalization of homosexuality and gay rights in Austria.

Phase I: Total Criminalization (1852–1971)
For over a century, Austrian law criminalized all same-sex acts under a "total ban," affecting both men and women.

1852: The Austrian Penal Code (Article 129 I b) is enacted, classifying "fornication against nature" (which included same-sex acts between both men and women) as a crime punishable by up to five years in prison.

1938–1945 (Nazi Era): Following the Anschluss, persecution intensified. While the Austrian law technically remained, Nazi authorities often applied their own harsher interpretations, sending thousands of homosexual men to concentration camps.


Post-WWII: Unlike in some other countries where laws were immediately relaxed, the Republic of Austria retained the 1852 provision. Police actively prosecuted gay men well into the 1960s.

Phase II: Decriminalization & The "Substitute" Laws (1971–2002)
In 1971, the total ban was lifted, but the government immediately introduced new laws that kept the LGBT community under legal pressure and surveillance.

1971 (The "Small" Decriminalization): The total ban on homosexuality is repealed. Sex between consenting adults becomes legal.

However, the government introduces Paragraph 209, which sets the age of consent for male homosexual acts at 18, while it remains 14 for heterosexuals and lesbians. This effectively kept many young gay relationships criminalized.

Paragraph 220 is also introduced, banning the "promotion" of homosexuality (similar to later laws in Russia or the UK's Section 28).

Paragraph 221 banned forming associations that supported homosexuality.

1996: Paragraph 220 (Promotion Ban) and Paragraph 221 (Association Ban) are repealed, finally allowing LGBT organizations to operate freely and legally without fear of prosecution.

Phase III: The Courts Drive Equality (2002–2019)
This era marks the most significant legal shifts, largely driven by the Constitutional Court overturning discriminatory laws that the parliament was slow to change.

2002: The Austrian Constitutional Court declares Paragraph 209 unconstitutional. The discriminatory age of consent is struck down, equalizing it at 14 for everyone.

2003: The European Court of Human Rights confirms that the old discriminatory age of consent violated human rights (S.L. v. Austria), paving the way for the rehabilitation of those convicted under the old law.

2004: The Equal Treatment Act is amended to prohibit discrimination in employment based on sexual orientation (mandated by EU law).

2005: Gay victims of the Nazi regime are finally recognized as victims under the Victims Welfare Act, decades after other victim groups.

2010: Registered Partnerships (Eingetragene Partnerschaft) are introduced. This granted same-sex couples legal recognition similar to marriage, but with distinct differences (e.g., they could not adopt children, and they had to register at municipal authorities rather than the registry office like married couples).

Phase IV: Full Legal Equality (2013–Present)
The final legal barriers (adoption and marriage) fell in quick succession, again primarily due to high court rulings.

2013: Step-child adoption is legalized. The European Court of Human Rights ruled that banning a person from adopting their same-sex partner's biological child was discriminatory.

2015: The Constitutional Court rules that the ban on joint adoption for same-sex couples is unconstitutional.

2016: On January 1, full joint adoption rights come into effect.

2017: In a landmark decision, the Constitutional Court rules that distinguishing between "marriage" (for opposite-sex couples) and "registered partnership" (for same-sex couples) violates the principle of equality.

2019: On January 1, Marriage Equality enters into force. Same-sex couples can now marry, and registered partnerships are opened to opposite-sex couples as an alternative to marriage.

Austria is generally safe for LGBTQ travelers. Vienna has an active gay scene, particularly around Naschmarkt. Vienna Pride (Regenbogenparade) is a major event. Rural areas may be more conservative.

HOSI Wien (Homosexuelle Initiative Wien)
Website: www.hosiwien.at

Rechtskomitee Lambda
Website: www.rklambda.at