Berlin is governed by federal Germany law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✔ Full ban
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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History

Homosexual activity in Berlin

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Homosexual activity in Berlin is legal.

Current status
Since Jun 11, 1994
Legal
Germany fully repealed section 175 of the German Criminal Code and legalized homosexual activity in 1994.
Sep 1, 1969–Jun 11, 1994
Legal
Section 175 of the Criminal Code was relaxed for persons over 21 years in East Germany in 1968, with West Germany following suit in 1969. However, although this meant that homosexual activity between men was decriminalized, it was not made legal.
May 9, 1945–Aug 31, 1969
Male illegal, female legal
After World War II, the Nazi-era version of Section 175 remained in force in both East and West Germany. Punishments included imprisonment, however, the death penalty was no longer applied.
Sep 1, 1935–May 8, 1945
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.
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May 15, 1871–Sep 1, 1935
Male illegal, female legal
Section 175 of the Criminal Code of the German Empire criminalized homosexual activity between men over the age of 18.
The penalty was imprisonment or a loss of civil rights.

Same-sex marriage in Berlin

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Same-sex marriage in Berlin is legal.

Current status
Since Oct 1, 2017
Legal
A bill for marriage equality passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July, becoming law on 1 October.
Paragraph 1353 of the German Civil Code.
Aug 1, 2001–Sep 30, 2017
Civil unions (marriage rights)
Germany recognizes civil unions and provides tax benefits to couples in a civil union.
Sources:
web.archive.org/web/2012011…//www.bverfg.de/entscheidungen/ls20020717_1bvf000101.html
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Censorship of LGBT issues in Berlin

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Censorship of LGBT issues in Berlin is no censorship.

Current status
No censorship
Article 5 of the German Basic Law guarantees freedom of press, speech and opinion.
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Right to change legal gender in Berlin

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Right to change legal gender in Berlin is legal, no restrictions.

Current status
Since Nov 1, 2024
Legal, no restrictions under federal Germany law
The Self-Determination Act (Selbstbestimmungsgesetz) allows transgender, non-binary, and intersex people to change their legal first names and gender entry once a year through self-identification.

From the age of 14, minors may make the declaration themselves with the consent of their guardians; 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.
For the declaration to be effective, the registry office must be notified of the upcoming declaration at least 3 months and at most 6 months before the declaration is made.

Outing or deadnaming one against their will in a way that caused them harm can be punished with a fine of up to €10,000.

If the gender entry is changed from "male" to another and "a case of tension or defense" arises within two months after the change, the person will still be considered male for military conscription.

People who went through the previous process can apply for monetary compensation.
2011–Nov 1, 2024
Legal, but requires medical diagnosis
Following the amendment of the Act on the Amendment of Names and Sex Determination in Special Cases, known as the Law on Transsexuality (1981) by Judgment No. 1 BvR 3295/07 (2011) of the Federal Constitutional Court, the criteria for changing the name or both the name and the gender marker were unified. Currently, the law requires applicants to (i) prove that "due to their transsexual status, they do not feel comfortable with their sex registered at birth", (ii) they have lived for at least three years "in accordance with the gender they identify with" and (iii) that their "situation of transexuality is foreseeably stable". This procedure is carried out before a municipal judge, which has to verify that these requirements are met by subjecting the applicant to an examination carried out by two expert witnesses "specialised in transsexualism". (ILGA)

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.

When the Self-Identification law was introduced, people who went through this old process could apply for a monetary compensation.
Sep 10, 1980–Jan 28, 2011
Legal, but requires surgery
Section 8 § 1 of the German Transsexuellengesetz (Transsexuals Act of September 10, 1980) states that transgender people can change their first names and gender entry under the condition of gender-affirming surgery, sterilization, and divorce.
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Gender-affirming care in Berlin

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Gender-affirming care in Berlin is legal.

Current status
Legal
The cost for gender affirming care in Germany is covered by public health insurance.

Condition for hormone therapy is a letter of indication from a psychotherapist,
voice therapy a letter of indication from a medical professional,
epilation of hair (laser/needle) 6 months of psychotherapy of 12/24 sessions with 50/25 minutes each (10 hours in total),
mastectomy 10 hours of psychotherapy,
genital surgeries 10 hours of psychotherapy and one year of “daily life test”,
breast augmentation 10 hours of psychotherapy, 2 years of hormone therapy, and a breast size of smaller than an A cup,
facial and vocal feminization, tracheal shave and rib section are approved in an appraisal process with the medical service if “the appearance is not yet sufficiently adjusted” after one year.
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May 6, 1933–Jun 5, 1945
Banned
With the rise of the Nazi regime, transgender healthcare is banned, and the Berlin Institute for Sexual Science is closed;
the Nazi regime implements laws §§ 175 183, targeting LGBTQ+ individuals,
Jul 6, 1919–May 6, 1933
Legal
In 1919 the non-profit foundation Institute for Sexual Science was founded in Berlin by Magnus Hirschfeld, becoming the first sexology research center in the world.
The institute provided a range of endocrinologic and surgical services, including an early form of modern sex reassignment surgery in 1931.
Ludwig Levy-Lenz, the institute's primary surgeon for transgender patients, pioneered early facial feminization and masculinization procedures, alongside developing hair removal treatments utilizing the institute's X-ray facility.

Legal recognition of non-binary gender in Berlin

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Legal recognition of non-binary gender in Berlin is recognized.

Current status
Since Nov 1, 2024
Recognized under federal Germany law
The Self-Determination Act (Selbstbestimmungsgesetz) applies (see: right to change legal gender).
Jan 1, 2018–Nov 1, 2024
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.
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Until Jan 1, 2018
Not legally recognized
Non-binary genders are not recognized.
Sources:
antidiskriminierungsstelle.…~:text=Frau%2520%E2%80%93%2520Mann%2520%252D%2520Divers%253A,das%2520Allgemeine%2520Gleichbehandlungsgesetz%2520(AGG)&text=Seit%2520Ende%25202018%2520haben%2520inter,oder%2520%2522ohne%2522%2520zu%2520w%C3%A4hlen.
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LGBT discrimination in Berlin

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LGBT discrimination in Berlin is illegal.

Current status
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.

LGBT employment discrimination in Berlin

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LGBT employment discrimination in Berlin is sexual orientation and gender identity.

Current status
Since 2006
Sexual orientation and gender identity
Due to Germany being a Federal Republic many states have had anti-discrimination laws as early as 1992. But by signing the Treaty of Amsterdam (EU) Germany amended its national anti-discrimination laws to include sexual orientation.

LGBT housing discrimination in Berlin

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LGBT housing discrimination in Berlin is sexual orientation and gender identity.

Current status
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 Berlin

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Same-sex adoption in Berlin is legal.

Current status
Since Oct 1, 2017
Legal
Section 1741 of the German Civil Code grants all married couples the right to adopt children.
Feb 19, 2013–Sep 30, 2017
Second parent adoption only
Same-sex couples in Germany can legally adopt a step-child, biological or not of the other partner.
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Intersex infant surgery in Berlin

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Intersex infant surgery in Berlin is full ban.

Current status
Since Mar 25, 2021
Full ban
German law prohibits intersex surgery on infants. However, intersex rights campaigners have criticised the law for having too many loopholes caused by ambiguous wording and for not defining any penalties for those who perform unauthorised surgery.
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Serving openly in military in Berlin

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Serving openly in military in Berlin is legal.

Current status
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 Berlin

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Blood donations by MSMs in Berlin is legal.

Current status
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 obliged 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.
Sep 24, 2021–Apr 1, 2023
Legal with restrictions
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.
Aug 7, 2017–Sep 24, 2021
Banned (1-year deferral)
A 1-year deferral was in effect.
Until Aug 7, 2017
Banned (indefinite deferral)
Banned up until 2017.
Sources:
(sources in German language)
zeit.de/wissen/2010-06/schw…
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Conversion therapy in Berlin

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Conversion therapy in Berlin is banned.

Current status
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.

Equal age of consent in Berlin

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Equal age of consent in Berlin is equal.

Current status
Since 1988
Equal
The age of consent of 14 years is equal for everyone.
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