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
    ✔ Full ban
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Burgenland

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Homosexual activity in Burgenland is legal.

Current status
Since Aug 16, 1971
Legal
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Same-sex marriage in Burgenland

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Same-sex marriage in Burgenland is legal.

Current status
Since Jan 1, 2019
Legal
Gay and lesbian couples in Austria have been able to legally wed since 2019.
Jan 1, 2010–Dec 31, 2018
Civil unions (marriage rights)
Civil Union was a recognized status
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Censorship of LGBT issues in Burgenland

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Censorship of LGBT issues in Burgenland is no censorship.

Current status
No censorship
In Austria, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Burgenland

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Right to change legal gender in Burgenland is legal, but requires medical diagnosis.

Current status
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)
1983–Feb 27, 2009
Legal, but requires surgery

Gender-affirming care in Burgenland

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Gender-affirming care in Burgenland is legal.

Current status
Since 2002
Legal
In 2002, Austria adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
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Legal, but restricted for minors
In 1980, Austria adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
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Restricted
In 1974, Austria legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Until 1974
Banned
Medical transition is not possible
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Legal recognition of non-binary gender in Burgenland

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Legal recognition of non-binary gender in Burgenland is intersex only.

Current status
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.
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LGBT discrimination in Burgenland

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LGBT discrimination in Burgenland is illegal.

Current status
Since 2004
Illegal
Discrimintion is illegal in all context
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LGBT employment discrimination in Burgenland

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LGBT employment discrimination in Burgenland is sexual orientation only.

Current status
Since Jul 1, 2004
Sexual orientation only
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.
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LGBT housing discrimination in Burgenland

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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.
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Same-sex adoption in Burgenland

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Same-sex adoption in Burgenland is legal.

Current status
Since Jan 14, 2015
Legal
Same sex couples can have the same right to adopt as different-sex couples
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Jan 2013–Jan 14, 2015
Second parent adoption only
Only step child adoption can take place
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Intersex infant surgery in Burgenland

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Intersex infant surgery in Burgenland is full ban.

Current status
Since Jun 29, 2018
Full ban
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.

Serving openly in military in Burgenland

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Serving openly in military in Burgenland is legal.

Current status
Legal
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Blood donations by MSMs in Burgenland

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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.
Dec 2019–Sep 2022
Banned (1-year deferral)
In December 2019, a deferral period of one year was put in place.

On May 20, 2022, Austria voted to lift the ban entirely and instead vet donors according to the risk of their sexual behavior. The new law is expected to take effect in the Fall.
Jan 1, 2002–Dec 2019
Banned (indefinite deferral)
One of the many countries were lgbt people cannot donate.

Conversion therapy in Burgenland

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Conversion therapy in Burgenland is not banned.

Current status
Not banned
No restrictions
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Equal age of consent in Burgenland

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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.
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