The leader of the Christian Democratic Union (CDU) in the Bundestag, Thorsten Frei, told a local newsroom Monday that he opposes the implementation of a ban on discrimination based on sexual identity through a constitutional amendment. This statement is a reaction to the bill (Drucksache 19/13123) presented by the parliamentary groups FDP, Die Linke, and Bündnis 90/Die Grünen. The bill proposes to add sexual identity as a prohibited ground of discrimination to Article 3 of the Basic Law of the Federal Republic of Germany.
Currently, Article 3, paragraph 3 of Germany’s Basic Law prohibits discrimination based on sex, parentage, race, language, homeland and origin, faith, or religious or political opinions, as well as disability. Despite the absence of explicit protection for sexual identity, Frei maintains that the existing legal framework, including Article 3, the EU Charter of Fundamental Rights, and the General Equal Treatment Act, already provides sufficient safeguards against discrimination based on sexual orientation. He stressed that any modification to the “heart of the Basic Law” would necessitate exceptionally compelling reasons.
The Lesbian and Gay Association (LSVD) offers a more nuanced perspective on the issue. While acknowledging the positive impact of Federal Constitutional Court decisions and subsequent legislative actions on LGBTI lives, they emphasize that these advancements often resulted from protracted legal battles. The LSVD commends the gradual establishment of a constitutional interpretation that equates the protection of sexual identity with other explicitly mentioned grounds of discrimination. However, they caution that this jurisprudence may not provide enduring protection against potential future reinterpretations. This stance highlights the LSVD’s recognition of progress made while also expressing concern about the long-term stability of these protections without explicit constitutional recognition.
The proponents of bill 19/13123 further elaborate on this concern in their explanatory statement. They acknowledge the significant progress made in LGBTQ+ legal protections, citing anti-discrimination provisions in EU law and several German state constitutions. However, they argue that persistent societal prejudices, particularly against homosexuals, continue to manifest in legal and social discrimination. This assertion is supported by alarming statistics from the OSCE Office for Democratic Institutions and Human Rights (ODIHR), which reported 1,422 anti-LGBTI hate crimes in Germany in 2022 alone.
Against this backdrop, recent events have amplified the call for stronger legal protections. During Christopher Street Day celebrations in Berlin, hundreds of thousands of demonstrators demanded enhanced rights for LGBTQI individuals. Notable among them was singer and LGBTQI rights advocate Herbert Grönemeyer, who urged for the amendment of Article 3 of the Basic Law to explicitly include protection against discrimination based on sexual identity and gender. While achieving the necessary two-thirds majority in both the Bundestag and Bundesrat for such a constitutional amendment remains challenging, recent legislative progress offers a glimmer of hope. In April, Germany’s parliament passed a landmark law allowing transgender and non-binary individuals to modify their legal documents through a self-identification process, replacing the outdated 1980 Transsexuals Law. This development signals a potential shift towards more inclusive and progressive legislation in the realm of LGBTQI rights.
