Constitutional amendment on sexual orientation unnecessary

Society – CDU: Constitutional amendment on sexual orientation unnecessary

The CDU The leadership considers the proposal to enshrine a ban on discrimination on the basis of sexual identity in the Basic Law to be unnecessary. “Any tampering with the catalogue of basic rights, the heart of our constitution, requires special reasons,” said Union parliamentary group manager Thorsten Frei (CDU) to the Redaktionsnetzwerk Deutschland (RND). He is fundamentally skeptical. “I see no reason to change the Basic Law, as protection against discrimination on the basis of sexual orientation is already implemented in Article 3.”

Article 3 currently states: “No one shall be discriminated against or favoured because of their sex, their origin, their race, their language, their homeland and origin, their faith, their religious or political opinions.”

Grönemeyer for constitutional change

About hundreds of thousands of people demonstrated in Berlin at the weekend for more rights for LGBTQI people at Christopher Street Day (CSD). At the rally in Berlin, singer Herbert Grönemeyer called for Article 3 to be amended to include the addition “that no one may be discriminated against because of their sexual and gender identity”. The singer called on the crowd to show perseverance and even more courage.

The English abbreviation LGBTQI+ stands for lesbian, gay, bisexual, transsexual, queer and intersex people. As queer, non-heterosexual people or those who do not identify with the traditional roles of man and woman or other social norms surrounding gender and sexuality.

Another goal of the traffic light coalition is to enshrine sexual identity as a discriminatory characteristic in the Basic Law. This is difficult to implement: a two-thirds majority in the Bundestag and Bundesrat is required for a constitutional amendment. There are signals of support from some CDU-led state governments, for example from Berlin. The Berlin government under Kai Wegner has announced a Bundesrat initiative to amend Article 3.

Constitutional change is the aim of the traffic light coalition

The deputy SPD parliamentary group leader Dirk Wiese told the RND that constitutional change was the goal of the traffic light coalition. “Unfortunately, the CDU/CSU parliamentary group has rejected talks on this topic. It is therefore gratifying that some CDU politicians from the states are taking a different position.” Unfortunately, the leadership does not take these politicians seriously. “The sociopolitical regression since the end of the Merkel years continues unabated at the top of the Union.”

FDP parliamentary group vice-chairman Konstantin Kuhle also called for a constitutional amendment. This is “an important signal for political and social acceptance,” he told the RND. “A constitutional amendment is long overdue in this respect.”

Union parliamentary group manager Thorsten Frei stressed to the RND that discrimination on the basis of sexual identity is already prohibited by the Basic Law, the European Human Rights Commission, the European Charter of Fundamental Rights of the European Union and the General Equal Treatment Act.

The Lesbian and Gay Association (LSVD) has repeatedly stressed that homosexual and bisexual men were the only victims who were deliberately excluded from Article 3.3 in 1949. In democratic post-war Germany, homosexuals were still exposed to persecution under Section 175 of the Criminal Code, which was finally abolished in 1994.

1. The CDU leadership considers the proposal to enshrine a ban on discrimination based on sexual identity in the Basic Law to be unnecessary.
2. At Christopher Street Day, hundreds of thousands of people demonstrated in Berlin this weekend for more rights for LGBTQI+ people.
3. Singer Herbert Grönemeyer called for Article 3 to be amended to include protection against discrimination based on sexual and gender identity in the text of the law.
4. The traffic light coalition also aims to enshrine sexual identity as a discriminatory characteristic in the Basic Law. However, this goal is difficult to achieve due to the required two-thirds majority in the Bundestag and Bundesrat.
5. Union parliamentary group manager Thorsten Frei argues that discrimination based on sexual identity is already prohibited by various international agreements and German laws.
6. The Lesbian and Gay Association (LSVD) has pointed out that homosexual and bisexual men were deliberately excluded from protection against discrimination in Article 3 of the Basic Law as early as 1949, a situation that continues with Paragraph 175 of the Criminal Code.
7. The deputy SPD parliamentary group leader Dirk Wiese expressed his disappointment at the CDU/CSU’s rejection of talks on this issue, but was pleased about the support of some CDU politicians in the state governments.
8. FDP parliamentary group vice-chairman Konstantin Kuhle also called for a constitutional amendment: It is an important signal for political and social acceptance and long overdue.

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