In 1971, an amendment to the Penal Code decriminalised non-commercial same-sex sexual acts between adults, while at the same time introducing a new provision (Section 209), which set the age of consent for gay male sex at 18, 4 years higher than the lesbian and heterosexual age of consent, which was instead set at 14.

Gay and lesbian couples in Austria have been able to legally wed since 2019.

In Austria, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

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 2002, Austria adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

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.

Discrimintion is illegal in all context

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.

Sexual orientation and gender identity discrimination protection in housing exists at the subnational level.

Same sex couples can have the same right to adopt as different-sex couples

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.

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.

No restrictions

The age of consent between people with maximum 5 years of difference is 14. Sexual contact between coetaneous is never punishable.