A resolution passed by the Federal Council has paved the way for a formal debate regarding enhanced constitutional protections for LGBTQ+ individuals. Sophie Koch, the Federal Government’s Commissioner for the Acceptance of Sexual and Gender Diversity, welcomed the decision, stating it opens the possibility for a serious consideration of amending the Basic Law.
Koch expressed gratitude to the states, including Berlin, Schleswig-Holstein and North Rhine-Westphalia – all governed by parties outside of her own – for initiating the proposal. The broad cross-party support underscores a shared commitment to exploring an addition to Article 3 of the Basic Law, allowing the Bundestag to now formally address the issue.
The impetus for this potential amendment stems from historical injustices. Paragraph 175 of the German penal code, which criminalized homosexual acts, remained in effect until the 1990s, a legacy of its earlier, devastating application during the National Socialist era. Tens of thousands of men were persecuted, imprisoned and even murdered based on this law. Though revised and partially repealed, restrictions associated with Paragraph 175 persisted for decades.
Currently, Article 3 of the Basic Law provides protection to various groups persecuted under National Socialism and the proposed amendment seeks to explicitly include LGBTQ+ individuals within this constitutional safeguard. Koch emphasized that while societal attitudes and legal interpretations can evolve, only a change to the fundamental law can guarantee lasting protection.
She intends to actively pursue consensus-building across party lines in the coming weeks and months to ensure a successful outcome to the debate, acknowledging that an amendment would necessitate a two-thirds majority in the Bundestag, in addition to the Federal Council’s existing endorsement.
