In 1971, an amendment to the Penal Code decriminalised non-commercial same-sex sexual acts between adults, while at the same time introducing a new provision (Section 209), which set the age of consent for gay male sex at 18, 4 years higher than the lesbian and heterosexual age of consent, which was instead set at 14.

Gay and lesbian couples in Austria have been able to legally wed since 2019.

Since the repeal of Section 220 in 1998, there are no laws restricting the discussion or promotion of LGBTQ+ topics in Austria.

After a court ruling the Civil Status Registry is required to allow people with a diagnosis of gender dysphoria to change their legal gender.

There are no known laws restricting gender affirming care.

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.

Discrimintion is illegal in all context

Article 17(1) of the Law on Equal Treatment (2004) prohibits sexual orientation discrimination in employment at the federal level. However, for gender identity there are no explicit protections.

Sexual orientation and gender identity discrimination protection in housing exists at the subnational level.

Same sex couples can have the same right to adopt as different-sex couples

Austrian court ruled on June 29, 2018, that surgery on intersex infants is unconstitutional and must be avoided in every case, with the exception of life-threatening cases.

LGBT people can serve in the Austrian military uninhibited. However, it is unknown how long this policy has been in place.

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.

The Austrian government is reportedly considering a ban on conversion therapy but policy changes are yet to come.

The age of consent between people with maximum 5 years of difference is 14. Sexual contact between coetaneous is never punishable.