Austria

Austria has made significant legal progress on LGBTIQ people’s rights over the past several decades. Same-sex sexual activity has been legal since 1971, marriage equality recognized since 2017 following a landmark ruling by the Constitutional Court of Austria, and full adoption rights granted for same-sex couples since 2016. In 2015, Austria recognized automatic co-parenthood for same-sex couples in marriages or registered partnerships, strengthening family protections.

Austria’s Equal Treatment Act prohibits discrimination in employment based on sexual orientation, and recent amendments broaden the definition of gender to include gender identity, gender expression, and sex characteristics. Legal gender recognition is possible without mandatory medical procedures, and individuals may obtain an “X,” indeterminate, or no gender marker on official documents. Recognition of intersex individuals has advanced, with Austria allowing “open,” “diverse,” “inter,” or no gender designation at all as gender markers on birth certificates, if it “is not possible for the doctor or midwife to clearly assign the gender to male or female after the birth of the child.” Intersex activists have applauded the availability of multiple options, but have criticized as a “missed opportunity” the policy’s pathologization of intersex people and the unavailability of a range of gender markers for trans and nonbinary people. In 2018, the Constitutional Court ruled that intersex genital mutilation “should be avoided as much as possible.” However, this decision was not binding, and authorities have not yet banned the practice.

The government has also taken steps to address historical injustices. In March 2024, Austria established a €33 million [US$38.2 million] compensation fund to provide financial redress to individuals prosecuted under discriminatory laws that remained in force until the early 2000s. Social acceptance is relatively high compared to global averages, with Austria ranking 25th out of 175 countries on the Global Acceptance Index, and visible public support reflected in large Pride events, despite increased security needs due to isolated incidents of hostility.

However, challenges remain, particularly for trans, nonbinary, and intersex people. Legal gender recognition still requires expert psychiatric opinions affirming a permanent gender identity. Political debates during the 2024 election campaign included proposals to restrict gender-affirming care for minors, reflecting broader polarization. Overall, Austria maintains strong legal protections and relatively high social acceptance, but ongoing advocacy focuses on removing medical barriers to gender recognition and strengthening protections for trans and intersex individuals.