Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires medical diagnosis
    Non-binary gender recognition
    ✖ Intersex only
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public opinion in Austria appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

History

Homosexual activity in Austria

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Homosexual activity in Austria is legal.

Current status
Since Aug 16, 1971
Legal
Added by leomorello  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Austria

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Same-sex marriage in Austria is legal.

Current status
Since Jan 1, 2019
Legal
Gay and lesbian couples in Austria have been able to legally wed since 2019.
Added by vviet93  ·  2 accurate votes  ·  Report Error  ·  Log
Jan 1, 2010–Dec 31, 2018
Civil unions (marriage rights)
Civil Union was a recognized status
Added by leomorello  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Austria

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Censorship of LGBT Issues in Austria is no censorship.

Current status
No censorship
In Austria, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Austria

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Right to change legal gender in Austria is legal, but requires medical diagnosis.

Current status
Since Apr 24, 2009
Legal, but requires medical diagnosis
Under Article 41 of the Civil Status Law (2013), the Civil Status Registry has the ability to alter an entry, when it has become incorrect after is it made.
In 2019, local organisation TransX.at informed ILGA World that, according to local administrative proceedings, to amend their gender markers applicants need to present one statement (in some provinces, two) by a psychologist, a psychiatrist or a psychotherapist attesting for the following facts: (1) a permanent feeling of belonging to the other gender; (2) that it is irreversible in all foresight; and (3) that measures have been taken that lead to a convergence to the outer appearance of the other gender. Gender affirmation surgeries are not necessary. The ruling against compulsory surgical interventions arises from a 2009 case before the Constitutional Court (Judgment No. 2008/17/0054) wherein it was stated that a “feeling of belonging [which] is in all likelihood irreversible and has been expressed in external terms by the person closely aligning their appearance to the external appearance of the opposite gender” is sufficient to validate gender marker change. (ILGA)
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log
1983–Feb 27, 2009
Legal, but requires surgery
Added by leomorello  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Austria

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Legal recognition of non-binary gender in Austria is intersex only.

Current status
Since Dec 14, 2018
Intersex only
nique at the international level": the Austrian LGBTQ+ umbrella HOSI yesterday welcomed the decree of the federal government that establishes six options for its citizens in the official definition of their sex. In addition to the masculine, feminine and «various» (the «X» instituted last year in passports), the categories «inter» and «offen» (open) are available, as well as the possibility of choosing none.

The latter option may be required when children with sexual variation are born. They – or their legal representative – may decide later. However, says Queer.de, the transition from conventional categories to other options will only be possible with the favourable opinion of an expert.

This condition is challenged by LGBTI activists, who regret the «pathologization» of intersex people. 'The stage of self-determination is still far away,' said Luan Pertl of Plattform Intersex Österreich. The organizations also call for a ban on surgical interventions on intersex children and adolescents, which was part of the programme of the ruling coalition in Vienna.
Added by l_hrz  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in Austria

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LGBT discrimination in Austria is illegal in some contexts.

Current status
Since 2004
Illegal in some contexts
Discrimintion is only legal in work context.
Added by leomorello  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Austria

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LGBT employment discrimination in Austria is sexual orientation only.

Current status
Since 2004
Sexual orientation only
Article 17(1) of the Law on Equal Treatment (2004) prohibits sexual orientation discrimination in employment. Gender identity is not explicity mentioned.

LGBT housing discrimination in Austria

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LGBT housing discrimination in Austria is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
Sexual orientation and gender identity discrimination protection in housing exists at the subnational level.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Austria

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Same-sex adoption in Austria is legal.

Current status
Since Jan 14, 2015
Legal
Same sex couples can have the same right to adopt as different-sex couples
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log
Jan 2013–Jan 14, 2015
Step-child adoption only
Only step child adoption can take place
Added by leomorello  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Austria

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Serving openly in military in Austria is legal.

Current status
Legal
Added by leomorello  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Austria

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Blood donations by MSMs in Austria is legal.

Current status
Since Sep 2022
Legal
A 1-year deferral was implemented following the publication of standardized donor history questionnaire in December 2019. Previously, there was an indefinite ban on donations. In December 2019 this was changed to a 4-month deferral period for blood donors.
Since September 2022, the ban was lifted completely.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log
Dec 2019–Sep 2022
Banned (1-year deferral)
In December 2019, a deferral period of one year was put in place.

On May 20, 2022, Austria voted to lift the ban entirely and instead vet donors according to the risk of their sexual behavior. The new law is expected to take effect in the Fall.
Added by leomorello  ·  0 accurate votes  ·  Report Error  ·  Log
Jan 1, 2002–Dec 2019
Banned (indefinite deferral)
One of the many countries were lgbt people cannot donate.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Austria

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Conversion therapy in Austria is not banned.

Current status
Not banned
No restrictions
Added by Cryo  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Austria

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Equal age of consent in Austria is equal.

Current status
Since Jun 24, 2002
Equal
The age of consent between people with maximum 5 years of difference is 14. Sexual contact between coetaneous is never punishable.
Added by leomorello  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by State

View the LGBT laws in each individual state of Austria.