Germany
The federal election gave rise to intense debate over sexual orientation in the run-up to
voting day in September, notably regarding marriage equality, adoption rights and
taxation. While the CDU/CSU was split over tax breaks for same-sex couples, other parties
(FDP, SPD, The Greens, Die Linke) positioned themselves in favour of increased rights for
LGBTI persons. The winning coalition (CDU/CSU and SPD) did not include marriage equality
in its programme of government, but announced it would tackle homophobia and
transphobia as part of an existing national action plan. The Constitutional Court issued
two landmark decisions in the field of family, and the law on personal statute was
amended to allow for an ‘undefined’ empty gender marker on identification documents,
which equality proponents criticised.
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ILGA-Europe Annual Review 2014
Bias-motivated speech
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In February, the city of Zweibrücken published a
Equality and non-discrimination
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In 2013, Germany was reviewed during the UN
calendar against drug abuse for teenagers, which stated
Universal Periodic Review process and accepted
that “sober is cool, swigging is gay” (“Nüchtern cool,
continuing efforts to combat hate crime based on sexual
saufen schwul”), equating alcohol abuse with being gay.
orientation and gender identity.
LGBTI NGO LSVD urged the mayor to recall the calendar,
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and all copies were destroyed.
German Medical Association’s scientific committee
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In March, openly gay Berlin Mayor Klaus Wowereit and
In July, a joint working group of specialists from the
recommended that the independent German Medical
LSVD lodged a complaint against the track Stress ohne
Association change its exclusion policies for blood
Grund by rap artists Shindy and Bushido, because it
donation. (The existing policy excludes all men who have
contained violent homophobic lyrics. In July, the Federal
sex with men because of an interpreted high risk of
Review Board for Media Harmful to Minors classified the
exposure to HIV.) The group recommended switching to a
entire album NWA ‘harmful to minors’ because it featured
policy that would exclude any donor who has engaged in
“brutal acts”, and incited “violence and discrimination
risky sexual behaviour, regardless of their sexual
against women and homosexuals”. The board underlined
orientation. The association ignored the recommendation.
that even though it had considered artistic freedom
In July, the German Football Association issued the
above all else, the protection of young people required
Berliner Declaration, denouncing homophobia in sport
restricting the album’s sales. Under the Youth Protection
and expressing support for diversity in the football
Act, the CD may not be advertised to the general public,
community.
sold via mail order, and may only be sold to adults in
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specific shops.
the September federal election (CDU/CSU, Christian-
Bias-motivated violence
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In its report Because of who I am: Homophobia,
The coalition of parties forming a government after
democratic, and SPD, social-democratic) announced it
would amend the National Action Plan of the Federal
Republic of Germany to Fight Racism, xenophobia, anti-
transphobia and hate crimes in Europe published in
Semitism and related intolerance to include homophobia
September, Amnesty International specifically underlined
and transphobia.
Germany had so far failed to include sexual orientation or
gender identity as aggravating motives in its criminal law.
Data collection
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20,271 respondents from Germany took part in the
Family
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The Federal Constitutional Court ruled in February
that successive adoption had to be allowed for registered
partners. (Like married couples, registered partners have
first EU-wide survey of LGBT people’s experiences of
had access to second-parent adoption since the 2004
discrimination, organised by the EU Agency for
reform of the Law on Registered Partnerships, that was in
Fundamental Rights. 46% of respondents felt
force since 2001. However, while married couples could
discriminated or harassed because of their sexual
also adopt a spouse’s adopted child – ‘successive
orientation in the year preceding the survey (EU average
adoption’ – , registered partners couldn’t.) The court
47%; lowest 30% (Netherlands); highest 61% (Lithuania)).
explained that this breached article 3 of the Constitution,
21% felt discriminated against at work or when looking for
which guarantees equality before the law. It gave the
employment because of their sexual orientation or gender
government until June 2014 to amend the law, and
identity (EU average 20%). And 32% felt discriminated
ordered that the ruling be applied retroactively to 2001.
against when buying goods or accessing services,
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healthcare, social services, or housing (EU average 32%).
(upper chamber of parliament) adopted a Bill introducing
In March, a centre-left majority in the Bundesrat
ILGA-Europe Annual Review 2014
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the right to marry for same-sex couples. Five regions with
that intersex adults may disapprove of having been
left-wing majorities put forward the proposal seeking to
operated on as infants. However, intersex activists said the
amend the Civil Code to allow marriage between two
change did not go far enough. In their view, the ‘X’ gender
individuals of the same sex. The bill proceeded to the
marker may appear abnormal to un- or ill-informed
Bundestag (lower chamber), where the ruling Christian-
parents, who could be pushed to opt for surgery faster.
democratic (CDU/CSU) and liberal (FDP) majority voted
The Federal Anti-Discrimination Agency also criticised the
against it.
new law, and called instead for an end to sex surgeries on
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On 17 May, the Federal Constitutional Court ruled that
registered partnerships, which are reserved to same-sex
new-borns.
marriage (reserved to different-sex couples). The court
Participation in public, cultural and
political life
stated that there were no “objective reasons for unequal
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treatment [of same-sex couples]”, and that privileging
featured strong political slogans as marchers focused on
marriage over registered partnerships for taxation
political parties’ LGBTI policies ahead of the federal
purposes went against Germany’s constitutional principle
election in September. Organisers barred the main
of equality. The change was implemented in July, but
government party CDU/CSU (Christian-democratic) from
several tax and fiscal authorities lagged behind because
taking part in the march because of its opposition to
of data processing and software issues.
LGBTI rights while in power, although its LGBT subgroup,
couples, must provide the same taxation regime as
Foreign policy
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In January, Foreign Affairs Minister Guido Westerwelle
(FDP, liberal) warned the Russian Ambassador that the
adoption of a federal ‘anti-propaganda’ law would stand
The June Christopher Street Day (Pride) march
LSU, was welcomed.
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In September, incumbent Chancellor Angela Merkel
said in a TV debate that she was “unsure” about allowing
same-sex couples to jointly adopt.
in the way of good relations between the two countries
Public opinion
(see Russia). He criticised the law again after it was
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adopted in June, stating that such measures had no place
Germans (two thirds among right-wing voters) favoured
in a democracy. In August, two other FDP ministers
marriage equality, while 23% would oppose it.
(Development Minister Dirk Niebel, and Justice Minister
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Sabine Leutheusser-Schnarrenberger) strongly criticised
Germany appeared as the world’s second most accepting
the law, saying that Russia was becoming a “flawless
country for LGBTI people after Spain, with 87% of German
dictatorship in ostracizing homosexuals”. In December,
respondents agreeing that “society should accept
President Joachim Gauck announced he would not attend
homosexuality”.
the 2014 Winter Olympic Games in Sochi.
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In February, the president spoke out in favour of
LGBTI people’s rights at the UN Human Rights Council in
Geneva (see United Nations).
Legal gender recognition
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Changes to the Law on personal statute came into
force in November, allowing the use of ‘X’ as a gender
marker on birth documents for intersex new-borns. This
followed the German Ethics Council’s February warning
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ILGA-Europe Annual Review 2014
A February YouGov poll suggested that 74% of
In a global Pew Research survey published in June,