The Christian Democratic Union (CDU) and its sister party, the Bavarian Christian Social Union (CSU), have rejected a proposal by the Federal Council to enshrine the term “sexual identity” as a protected characteristic within the German Basic Law (Grundgesetz). Günter Krings, Deputy Parliamentary Group Leader of the CDU, stated the proposed amendment is “not approvable.
He argued that existing legal frameworks already provide robust protections against discrimination based on sexual orientation. Krings pointed to Article 3, Paragraph 1 of the Basic Law, rulings from the Federal Constitutional Court, the General Equal Treatment Act and the EU Charter of Fundamental Rights as evidence of the substantial level of existing protection.
A key concern highlighted by Krings is the ambiguity of the term “sexual identity”. He characterized it as legally imprecise and broader than the term “sexual orientation” commonly used in other countries. He warned that the term’s lack of clarity could lead to extensive legal challenges and complications, potentially even allowing individuals with harmful intentions to claim protection under the provision.
Currently, several German states, including Berlin, Brandenburg, Bremen, Saarland and Saxony-Anhalt, have already incorporated protections based on “sexual identity” into their respective constitutions. The state of Thuringia provides protection based on “sexual orientation.
The Federal Constitutional Court has referenced Article 3 of the Basic Law in its rulings concerning the equality of homosexuals since 2002. However, earlier in 1957, the court had justified unequal treatment of homosexuals on the grounds of “protecting public health” and “morality”.