A resolution passed by the Federal Council on Friday has paved the way for a potential amendment to Germany’s Basic Law (Grundgesetz) aimed at providing enhanced constitutional protection for LGBTQ+ individuals. Sophie Koch, the Federal Government’s Commissioner for the Acceptance of Sexual and Gender Diversity, welcomed the decision, describing it as a significant step towards a serious debate on the matter.
Koch expressed her gratitude to all involved, specifically acknowledging the initiative undertaken by states led by the CDU/CSU, including Berlin, Schleswig-Holstein and North Rhine-Westphalia. The broad cross-party support highlights a shared willingness to consider incorporating a specific provision into Article 3 of the Basic Law, allowing the Bundestag to now meaningfully engage in the discussion.
Historically, Germany’s legal framework has failed to adequately shield LGBTQ+ individuals from criminalization. Paragraph 175 of the Penal Code, which criminalized homosexual acts, remained in force until the 1990s and its stringent application extended into the post-war period and within East Germany. During the Nazi era, this law led to the arrest, imprisonment and even persecution of tens of thousands of men.
Currently, Article 3 of the Basic Law provides protection for various groups targeted under Nazi persecution. Koch now intends to advocate for the inclusion of LGBTQ+ individuals under this explicit protection. Recognizing the potential for shifts in societal sentiment, parliamentary majorities and judicial interpretations, she emphasized the enduring value and stability offered by constitutional safeguards.
A constitutional amendment requires a two-thirds majority in the Bundestag and the Federal Council’s recent resolution, also passed with a two-thirds majority, serves as a critical prerequisite for advancing the proposal. Koch pledged to work collaboratively across party lines in the coming weeks and months to build the necessary consensus for a lasting constitutional amendment.