The laws displayed for Hamburg are the same as Germany.
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- ✖ Intersex only
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
History
Homosexual activity in Hamburg is legal.
Current status
Since Jun 11, 1994
Since Jun 11, 1994
Legal
Germany fully repealed section 175 of the German Criminal Code and legalized homosexual activity in 1994.
Illegal (death penalty as punishment)
Section 175 of the Criminal Code was amended 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.
Censorship of LGBT Issues in Hamburg is no censorship.
Current status
No censorship
Article 5 of the German Basic Law guarantees freedom of press, speech and opinion.
Right to change legal gender in Hamburg is legal, surgery not required.
Current status
Since Jan 28, 2011
Since Jan 28, 2011
Legal, surgery not required
The German Federal Constitutional Court found in the decision 1 BvR 3295/07 that several provisions of the Transsexuals Act were unconstitutional.
The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1), their right to physical integrity (Art. 2, § 2) as well as their rights as married couples to enjoy the special protection of the state (Art. 6, § 1). This has also been criticized in regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required.
In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people".
It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants.
The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates.
It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament.
The court ruled that the Transsexuals Act massively violated transgender people in their dignity (Art. 1 Basic Law), in their right to free development of personality (Art. 2, § 1), their right to physical integrity (Art. 2, § 2) as well as their rights as married couples to enjoy the special protection of the state (Art. 6, § 1). This has also been criticized in regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required.
In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people".
It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants.
The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates.
It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament.
Legal recognition of non-binary gender in Hamburg is intersex only.
Current status
Since Jan 1, 2019
Since Jan 1, 2019
Intersex only
The Civil Status Act (PStG) was amended to include Parapraph 45b to allow intersex people to identify themselves as "diverse" ("divers") or remove the gender entry.
Germany is introducing a law (Selbstbestimmungsgesetz) that will allow transgender and non-binary people to change their legal first names and gender identity once a year through self-identification.
If the legislation passes, transgender and non-binary people in Germany will no longer require psychological evaluations to legally change their name and gender.
In this newly presented Self-Determination Act, from the age of 14, minors may make the declaration themselves with the consent of their guardians. In order to protect the personal rights of young people, the family court can replace the parents' decision at the request of the minor in cases where the custodians do not consent, based on the best interests of the child.
Children under 14 will need their parents or guardians to make a registry office application on their behalf.
Germany is introducing a law (Selbstbestimmungsgesetz) that will allow transgender and non-binary people to change their legal first names and gender identity once a year through self-identification.
If the legislation passes, transgender and non-binary people in Germany will no longer require psychological evaluations to legally change their name and gender.
In this newly presented Self-Determination Act, from the age of 14, minors may make the declaration themselves with the consent of their guardians. In order to protect the personal rights of young people, the family court can replace the parents' decision at the request of the minor in cases where the custodians do not consent, based on the best interests of the child.
Children under 14 will need their parents or guardians to make a registry office application on their behalf.
LGBT discrimination in Hamburg is illegal.
Current status
Since Jun 29, 2006
Since Jun 29, 2006
Illegal
National law was amended in 2006 when the Treaty of Amsterdam was signed - giving all people the same rights under law.
The Federal Constitutional Court of Germany clarified in 1 BvR 2019/16 that the general right of personality (Article 2 (1) in conjunction with Article 1 (1) of the Basic Law) protects gender identity. It also protects the gender identity of non-binary people.
Article 3 (3) of the Basic Law includes non-binary people on the protection against discrimination on ground of their gender.
The Federal Constitutional Court of Germany clarified in 1 BvR 2019/16 that the general right of personality (Article 2 (1) in conjunction with Article 1 (1) of the Basic Law) protects gender identity. It also protects the gender identity of non-binary people.
Article 3 (3) of the Basic Law includes non-binary people on the protection against discrimination on ground of their gender.
LGBT employment discrimination in Hamburg is sexual orientation and gender identity.
LGBT housing discrimination in Hamburg is sexual orientation and gender identity.
Current status
Since Aug 18, 2006
Since Aug 18, 2006
Sexual orientation and gender identity
Section 1 of the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz, AGG) prohibits discrimination on housing.
Same-sex adoption in Hamburg is legal.
Current status
Since Oct 1, 2017
Since Oct 1, 2017
Legal
Section 1741 of the German Civil Code grants all married couples the right to adopt children.
Serving openly in military in Hamburg is legal.
Current status
Since 2000
Since 2000
Legal
Article 3 (1) of the Basic Law of the Federal Republic of Germany and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms protect against unequal treatment on grounds of sexual orientation.
Blood donations by MSMs in Hamburg is legal.
Current status
Since Apr 1, 2023
Since Apr 1, 2023
Legal
On April 1 2023, the Transfusion Act (Transfusionsgesetz, TFG) was amended to fully remove restrictions on blood donations by MSMs.
Accordingly, the amendment to the law is obliging the German Medical Association to subsequently adapt the blood donation guidelines within four months in agreement with the Paul Ehrlich Institute, Germany’s medical regulatory body.
Accordingly, the amendment to the law is obliging the German Medical Association to subsequently adapt the blood donation guidelines within four months in agreement with the Paul Ehrlich Institute, Germany’s medical regulatory body.
Legal
On September 24, 2021, new guidelines were introduced. Men in monogamous relationships with men can donate blood with no deferral.
However, men who have sex with men outside of a monogamous relationship still face a 4 month deferral.
However, men who have sex with men outside of a monogamous relationship still face a 4 month deferral.
Conversion therapy in Hamburg is banned.
Current status
Since Jun 24, 2020
Since Jun 24, 2020
Banned
The Law for the Protection Against Conversion Treatments (KonvBehSchG) bans providing, arranging and advertising conversion therapy. Conducting conversion therapy on minors, or persons of legal age is those whose consent was obtained without their volition, is also explicitly banned.
Providing, arranging or advertising conversion therapy is punishable by a fine up to €30,000.
Carrying out conversion therapy on a minor, or an adult whose consent was obtained without their volition, is punishable by up to a year of imprisonment or a fine.
Providing, arranging or advertising conversion therapy is punishable by a fine up to €30,000.
Carrying out conversion therapy on a minor, or an adult whose consent was obtained without their volition, is punishable by up to a year of imprisonment or a fine.
Equal age of consent in Hamburg is equal.
Current status
Since 1988
Since 1988
Equal
The age of consent of 14 years is equal for everyone.