The political bloc, the Union, has voiced opposition to incorporating “sexual identity” as a specific protected characteristic within the constitutional ban on discrimination. During an interview with the “Rheinische Post”, CDU faction deputy Günter Krings argued that discussing an amendment to the Basic Law following the Islamist attack on the Berlin CSD demonstrated misplaced priorities.
Krings emphasized that altering Article 3 would not prevent a single attack or stop any violent perpetrators, characterizing the proposed change as mere symbolic politics. He stressed that instead of focusing on theoretical constitutional debates, those committed to protecting gay and lesbian individuals should dedicate their political energy to supporting necessary legislative changes that strengthen security authorities and effectively combat potential criminals.
According to Krings, the current Basic Law already offers effective protection against discrimination for all people. Furthermore, the Federal Constitutional Court has clarified that individuals, regardless of their sexual orientation or sexual identity, are protected by the general right of personality and the principle of equality. Therefore, the issue is not a lack of constitutional protection, but rather a failure to consistently stop those who propagate hate and commit violence.
This led him to argue that the lesson derived from the attack must be different. The CDU politician called for increased powers and greater resolve in the fight against Islamist terrorism and other extremist violent actors. His proposed measures included a more decisive approach towards monitoring individuals considered a threat, the mandatory storage of IP addresses, a better utilization of existing police and security authority powers, increased options for detention and administrative arrest, and the consistent deportation of foreign criminals and Islamist threats. Additionally, he proposed that juveniles who commit severe acts of violence or terrorism should generally be prosecuted under the adult criminal justice system.
