Gay rights in Austria

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LGBT rights

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Same-sex relationships

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Violence

1 Laws against homosexuality
2 Protection based on sexual orientation in law
- 2.1 Recognition of same sex couples
3 Gay life in the country
4 See also
5 Outside Reading

[edit] Laws against homosexuality

Homosexuality was legalised in 1971. The ages of consent were equalized in 2002 by court decision. Homosexuals are not banned from military service.

[edit] Protection based on sexual orientation in law

There is an anti-discrimination law in the Labour Code, at the federal level since 2004. The 1993 Police Security Act requires the police to refrain from any actions that could create the impression of bias or that could be perceived as discrimination on the grounds of sexual orientation.

Vienna state has had its Youth Protection Law since 2002, and one city, Bludenz, has adopted a symbolic non-discrimination declaration which includes sexual orientation in 1998. The Federal Constitution theoretically protects all citizens equally but the reality is that it does not apply to sexual orientation.

[edit] Recognition of same sex couples

There is some legal recognition of same-sex couples. Following the decision of the European Court of Human Rights in case of Karner v Austria [2003], cohabiting same-sex partners are entitled to the same rights as unmarried cohabiting opposite-sex partners.

In December 2004, the Austrian Social Democratic Party SPÖ on its biannual Federal Party Convention made a sensational decision on the issue of equal treatment of same-sex couples. Besides immediate introduction of registered partnership (including step-parent adoption). Austria’s largest opposition party is heading towards opening up marriage for same-sex couples. The political party Die Grünen Austrian Green Party is also pro-recognition, including adoption of all children. The governing party ÖVP is opposing recognition of same sex couples.

Since 1998, Austria recognises Domestic Partnership, giving same-sex couples the right to not testify against their partner, as amended in Criminal Code.

In 2006, the first legal same-sex marriage came into existence, when a transsexual woman was permitted by the constitutional court to change her legal gender to female while remaining married to her wife. See Same-sex marriage in Austria.

[edit] Gay life in the country

Austria is not as liberal as its western neighbours, but more liberal than its eastern neighbours. The gay scene is developed in all the main cities such as Vienna, Linz, Innsbruck, Salzburg, Graz.