National

On 13 August 2002, consensual sex between same-sex couples became lawful at age 14 years [R1.4].

On 10 July 2002, following the Constitutional Court's judgment (see Courts & Tribunals), the Austrian Parliament decided to repeal Article 209.

It also introduced Article 207b, which penalises sexual acts with a person under 16 years of age if that person is for certain reasons not mature enough to understand the meaning of the act and the offender takes advantage of this immaturity or if the person under 16 is in a predicament and the offender takes advantage of that situation.

Article 207b also penalises inducing persons under 18 years of age to engage in sexual activities in return for payment.

Article 207b applies irrespective of whether the sexual acts at issue are heterosexual, homosexual or lesbian.

The above amendment, published in the Official Gazette (Bundesgesetzblatt) no. 134/2002, came into force on 14 August 2002 [R1.3].

Previously:

Article 209 provided that sex between two males is lawful provided both are at least 18 years of age. The age of consent for consensual lesbian sex is 14.

It was lawful between opposite sex persons at age 14 [R1.2].

In July 1998, the Austrian Parliament's conservative majority (Christian Democrats and far right-wing Freedom Party) voted down an amendment to a penal code reform bill providing for the repeal of Article 209, the discriminatory age of consent law (18 for gay men contrary to 14 for heterosexuals and lesbians) [R1.1].

Courts & Tribunals

On 21 June 2002, upon a request for constitutional review made by the Innsbruck Regional Court, the Constitutional Court gave judgement, finding that Article 209 of the Criminal Code was unconstitutional [R1.4].

The Constitutional Court held that Article 209 concerned only consensual homosexual relations between men aged over 19 and adolescents between 14 and 18.

In the 14 to 19 age bracket homosexual acts between persons of the same age (for instance two 16-year-olds) or of persons with a one- to five-year age difference were not punishable. However, as soon as one partner reached the age of 19, such acts constituted an offence under Article 209 of the Criminal Code. They became legal again when the younger partner reached the age of 18

Given that Article 209 did not only apply to occasional relations but also covered ongoing relationships, it led to rather absurd results, namely a change of periods during which the homosexual relationship of two partners was first legal, then punishable and then legal again and could therefore not be considered to be objectively justified.

National

The law prevents gay couples from using IVF and artificial insemination [R1.1].

National

In August 1996, "Sexual orientation" was reportedly a ground for granting political asylum in Austria [R1.2].

In June 2008, in a directive to the City of Vienna, the Ministry of Interior, said that a "next of kin" residence permit will only be granted if the Austrian partner and his or her foreign partner lived in a joint household in the country of origin of their partner [R1.1].

The effect of this is said to be, that a joint life can be realised in Austria only in those cases where an Austrian emigrates, for a long time lives with a foreign partner in the country of emigration and then brings his partner when returning to Austria [R1.1].

National

On 10 December 2009, parliament approved 110–64 legalising civil unions in the country [R1.4].

In November 2009, the government agreed to legalise civil partnerships for gay couples with the law coming into force on 01 January 2010, if it is approved by parliament [R1.3].

In December 2005, Austria's Justice Minister announced that he is considering legislation to grant limited recognition of same-sex couples. [R1.2].

In 2003, the law or a court verdict had the effect of offering same-sex partners a few or some rights of marriage, without a registry [R1.1]

Courts & Tribunals

On 11 November 2011, the Constitutional Court issued a decision concerning naming. It seems that under the law when different-sex couples marry and decide to keep their original surnames, the names must be connected by a hyphen, but the Interior Ministry was taking the position that same-sex partners forming civil unions may not use the hyphen. The Court disagreed, stating that same-sex couples enjoy the constitutional protection of the family, and that differential treatment by the state required serious reasons for justification [R2.2].

On 11 November 2011, the Constitutional Court refused a petition to open up the status of registered partnership to different-sex couples, finding that since heterosexuals were not a historically disadvantaged group, their exclusion from registered partnership would not exceed the legislature's "margin of appreciation" with regard to constitutional equality requirements [R2.2].

National

Discrimination in employment based on sexual orientation was made unlawful in 2004 [R1.1].

Courts & Tribunals

In March 2011, the Constitutional Court rejected a case aimed at including gays and lesbians under laws that protect against incitement to hatred and against discrimination in non-workplace settings, by striking down Criminal Code Article 283, "Incitement to Hatred," and sections of the Federal Equal Treatment Act because they exclude gays and lesbians [R2.3].

In July 2003, the European court ruled that a gay man who lost his tenancy when his partner died was the victim of unlawful discrimination [C2.2], [R2.1].

In 1996, the Austrian Supreme Court had previously ruled that tenancy protection for a 'life companion' was only intended to apply to different sex cohabitees [R2.1].

National

In August 2010, the federal education ministry confirmed Walter S, man turned woman now called Andrea, will not be dismissed or suspended after a sex change operation. "Schools are home to tolerance, not discrimination," the ministry statement said [R1.1].

Cities & Towns

In December 2011, the City of Vienna reportedly rejected the order of the Interior Ministry under which the "man" be listed first on marriage certificates, thus effectively "outing" transsexual marriages in circumstances where certificates need to be presented [R2.1].

Courts & Tribunals

On 29 November 2010, Administrative Supreme Court ruled that the Interior Minister's requirement that spouses be identified as "man" and "woman" on marriage certificates, resulted in "outing" the transsexual member of couples and should be discontinued [R3.1].

National

In 1971, consensual sex between same-sex couples was decriminalised [R1.1].

National

In September 1996, Austria's first same-sex wedding took place at a church in Vienna's Simmering district [R1.1].

Courts & Tribunals

On 12 December 2003, the Constitutional Court dismissed a complaint that the legal impossibility for a same-sex couple to get married constituted a violation of their right to respect for private and family life and of the principle of non-discrimination.

On 05 August 2004, the complainants took their case to the European Court of Human Rights [R2.1].

See: Laws - European Union - Marriage

National

The law prevents gay couples from adopting children [R1.1].

Courts & Tribunals

In July 2003, the European court ruled that a gay man who lost his tenancy when his partner died was the victim of unlawful discrimination [C1.2], [R1.1].

In 1996, the Austrian Supreme Court had previously ruled that tenancy protection for a 'life companion' was only intended to apply to different sex cohabitees [R1.1].