- 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
Public Opinion
Public opinion in Austria appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
History
Homosexual activity in Austria is legal.
Current status
Since Aug 16, 1971
Since Aug 16, 1971
Legal
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.
Right to change legal gender in Austria is legal, but requires medical diagnosis.
Current status
Since Apr 24, 2009
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)
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)
Legal recognition of non-binary gender in Austria is intersex only.
Current status
Since Dec 14, 2018
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.
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.
LGBT discrimination in Austria is illegal in some contexts.
Current status
Since 2004
Since 2004
Illegal in some contexts
Discrimintion is only legal in work context.
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.
Serving openly in military in Austria is legal.
Current status
Legal
Blood donations by MSMs in Austria is legal.
Current status
Since Sep 2022
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 Austria is not banned.
Current status
Not banned
No restrictions
Equal age of consent in Austria is equal.
Current status
Since Jun 24, 2002
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.
LGBT Rights by State
View the LGBT laws in each individual state of Austria.