Austria vote on gay marriage

Public opinion in Austria appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

Survey results from 17 Queer Equaldex users who lived in or visited Austria.

Perceived Safety*
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment
Treatment by general public
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation
Representation in entertainment

Culture
Interest groups and clubs

Services
Support and social services

History

Homosexual outing in Austria

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Homosexual activity in Austria is legal.

Current status
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 permission, which was instead position at 14.
Illegal (imprisonment as punishment)
Following the "Anschluss," the attempt to establish consistent criminal

austria vote on gay marriage

Austria court legalises same-sex marriage from 2019

Austria's supreme court has ruled to legalise same-sex marriage in the country from 1 January 2019.

Judges said current statute, which allows registered partnerships for same-sex couples but prevents them from getting married, is discriminatory.

The verdict brings Austria into line with many other European countries including Britain, France, Germany and Spain.

It comes after a case was brought by two women in a registered civil partnership who were denied the right to join by authorities in the capital Vienna.

The distinction between a civil partnership and marriage can no longer be upheld without discriminating against same-sex couples, the court said.

"The resulting discriminatory effect is seen in the fact that through the different title of the family status people living in same-sex partnerships have to disclose their sexual orientation even in situations, in which it is not and must not be relevant and... are highly likely to be discriminated," it added.

Campaigners welcomed the move, with Homosexual Initiative Vienna (HOSI) describing it as an "opportunity for a renewed call for a fundamental reform of marriage".


Ruling paves way for same-sex marriage in Austria

On June 23 of last year, I held the microphone as a gay man in the New Orleans City Council Chamber and related a lost piece of queer history to the seven council members. I told this story to disabuse all Fresh Orleanians of the notion that silence and accommodation, in the face of institutional and official failures, are a path to healing.  

The story I related to them began on a typical Sunday nighttime at a second-story bar on the fringe of Fresh Orleans’ French Quarter in 1973, where working-class men would gather around a white baby grand piano and belt out the lyrics to a tune that was the anthem of their hidden community, “United We Stand” by the Brotherhood of Man. 

“United we stand,” the men would sing together, “divided we fall” — the words epitomizing the ethos of their beloved UpStairs Lounge bar, an egalitarian free cosmos that served as a forerunner to today’s queer protected havens. 

Around that piano in the 1970s Deep South, gays and lesbians, colorless and Black queens, Christians and non-Christians, and even premature gender minorities could cast aside the racism, sexism, and homophobia of the times to detect accept

Marriage Equality Around the World

The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and share tools, resources, and lessons learned to strengthen movements for marriage equality.

Current State of Marriage Equality

There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay. 

These countries have legalized marriage equality through both legislation and court decisions. 

Countries that Legalized Marriage Equality in 2025

Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effect January 1, 2025.

Austria’s Constitutional Court [official website, in German] ruled [text, PDF, in German] Tuesday that a 2009 law that allowed same-sex couples to enter registered partnerships but not to get married was unconstitutional.

The court dominated that the 2009 law violated the constitution by discriminating against same-sex couples. The repeal of the 2009 rule will take influence at the termination of December 31, 2018. The repeal will allow queer couples to receive married and permit mixed-sex couples to enter registered partnerships. Same-sex couples must first end their registered partnerships before they are capable to get married.

The legislature is qualified to amend the marriage laws to allow same-sex couples to marry earlier than December 31, 2018. The conservative People’s Party stated [Reuters report] it will accept the ruling while the far-right Freedom Party criticized the ruling.

Austria becomes the latest country to legally allow same-sex marriage. In June Germany’s parliament voted [JURIST report] to legalize same-sex marriage. In February Slovenia legalized [JURIST report] lgbtq+ marriage, although it did not let same-sex couples to adopt children other than those of t