Berlin plans to change the constitution: protection for sexual identity in the GG!

Berlin plans to change the constitution: protection for sexual identity in the GG!

The city of Berlin is taking an important hurdle on the way to greater equality. The government plans to anchor the protection of sexual identity in the Basic Law. This initiative is to be pursued through a Federal Council initiative and could mean decisive progress for LGBTIQ people. Loud tagesschau.de The decision is expected in the Berlin Senate on Tuesday, July 11th.

Article 3 of the Basic Law, which deals with increasing protection against discrimination, should be expanded to include the addition “sexual identity”. The current wording states that no one may be discriminated against because of their gender, ancestry or other characteristics. >The governing mayor Kai Wegner (CDU) had already initiated this initiative at Christopher Street Day (CSD) in July 2023, thereby sending a clear signal.

Progress or long overdue?

The Senator for Justice, Consumer Protection and Anti-Discrimination, Dr. Dirk Behrendt described the expansion as “long overdue”. The move towards legal protection is supported by recent social developments, such as the opening of marriage and the Federal Constitutional Court's ruling on the third gender. These milestones highlight the need to also strengthen protection for sexual and gender minorities, such as Lto.de reported.

And the data speaks for itself: According to the EU fundamental rights agency FRA, 13% of the approximately 16,000 participants who identify as lesbian, gay, bisexual, trans or intersex experienced structured criteria of physical or sexual assault in the last five years. This shows that discrimination and violence are unfortunately still a serious problem in Germany.

Suggestions for more protection

The Berlin initiative has the clear goal in mind that all people – regardless of their sexual identity – enjoy the same protection. Anchoring this protection in the Basic Law would, among other things, ensure that minorities are no longer at the mercy of changing political majorities. This is of great importance in view of the current legal situation, which includes strict requirements for discrimination cases, as in antidiscriminationsstelle.de described.

To make it clear how important legal equality is, it should not be forgotten that marriage for everyone was only introduced in Germany in 2017. The rehabilitation of homosexual men who were convicted under Section 175 of the Criminal Code also only took place more recently, when the current laws eliminated outdated discrimination.

The proposed protection is therefore seen not only as a legal necessity, but also as an opportunity for society to develop despite the inequalities that still exist. The value that Berlin places on this initiative could have far-reaching positive consequences for the entire Federal Republic.