Burgenland is governed by federal Austria law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Intersex only
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Burgenland is legal.
Current status
Since Aug 16, 1971
Legal
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.
Illegal (imprisonment as punishment)
Following the "Anschluss," the attempt to establish consistent criminal legislation and incorporate National Socialist principles into Austrian law was unsuccessful, resulting in the retention of the 1852 Criminal Code. Thus, there was a difference in prosecution of homosexuals between Germany and Austria.
Illegal (death penalty as punishment)
Austria joined to Nazi Germany, which is homosexualty is illegal and has death penalty. During Nazi rule to create harsher penalties for homosexual behavior between men. Imprisonment was to range from three months to ten years in prison. Many homosexual men died in the Nazi concentration camps they were sent to.
1787–Mar 12, 1938
Illegal (imprisonment as punishment)
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.
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.
1770–1787
Illegal (death penalty as punishment)
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.
Censorship of LGBT issues in Burgenland is no censorship.
Current status
Since Nov 13, 1998
No censorship
Since the repeal of Section 220 in 1998, there are no laws restricting the discussion or promotion of LGBTQ+ topics in Austria.
State-enforced
The decriminalisation of homosexuality came at a price in Austria. After decriminalisation, Austria implemented new laws restricting the advertisement of same-sex relations and the forming of LGBTIQ+ organisations under Section 220 of the Penal Code. Enforcement wasn't noted until 1988 and it wasn't until 1998 when the laws were repealed. Compensation was suggested in 2023 by the Austrian government.
Right to change legal gender in Burgenland is legal, but requires medical diagnosis.
Current status
Since Apr 24, 2009
Legal, but requires medical diagnosis
After a court ruling the Civil Status Registry is required to allow people with a diagnosis of gender dysphoria to change their legal gender.
However in January 2025, the Administrative Court of Austria ruled that the civil registry should correspond to “biological, physical sex”. However, trans Austrians can currently still change their legal gender.
However in January 2025, the Administrative Court of Austria ruled that the civil registry should correspond to “biological, physical sex”. However, trans Austrians can currently still change their legal gender.
Gender-affirming care in Burgenland is legal.
Current status
Since 1980
Legal
There are no known laws restricting gender affirming care.
Restricted
In 1974, Austria legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1974
Banned
Medical transition is not possible
LGBT discrimination in Burgenland is illegal.
Current status
Since 2004
Illegal
Discrimintion is illegal in all context
LGBT employment discrimination in Burgenland is sexual orientation only.
LGBT housing discrimination in Burgenland 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.
Intersex infant surgery in Burgenland is not banned.
Current status
Since Jun 29, 2018
Not banned
An Austrian court ruled on June 29, 2018, that genital surgery on intersex infants is unconstitutional and must be avoided in every case, with the exception of life-threatening cases. However, this did not ban such surgeries in practice and wasn’t legally binding.
Serving openly in military in Burgenland is legal.
Current status
Legal
LGBT people can serve in the Austrian military uninhibited. However, it is unknown how long this policy has been in place.
Blood donations by MSMs in Burgenland 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.
Since September 2022, the ban was lifted completely.
Conversion therapy in Burgenland is not banned.
Current status
Not banned
The Austrian government is reportedly considering a ban on conversion therapy but policy changes are yet to come.
Equal age of consent in Burgenland 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.
Female equal, male unequal
In 1971, Austria decriminalised homosexuality but had an unequal age of consent with 18 for gay men but 14 for heterosexuals and lesbians.
Legal Rights
86 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Burgenland to help improve its accuracy.
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