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CDU: Constitutional amendment on sexual orientation unnecessary

The CDU opposes demands to implement the prohibition of discrimination based on sexual identity through a constitutional amendment. It has already been achieved.

,   and  Carmen Simpson
3 min read
Thorsten Frei (CDU), First Parliamentary Manager of the CDU/CSU-Bundestag Faction.
Thorsten Frei (CDU), First Parliamentary Manager of the CDU/CSU-Bundestag Faction.

Society - CDU: Constitutional amendment on sexual orientation unnecessary

The CDU leadership considers the proposal unnecessary to enshrine a discrimination ban based on sexual identity in the Basic Law (Grundgesetz). "Touching the fundamental rights catalog, the heart of our constitution, requires special reasons," said Union faction manager Thorsten Frei (CDU) to the Redaktionsnetzwerk Deutschland (RND). He is fundamentally skeptical. "I see no reason for a change in the Basic Law, as the discrimination protection based on sexual orientation is already implemented in Article 3."

Article 3 currently states: "No one may be disadvantaged or favored because of their sex, origin, race, language, homeland and origin, faith, religious or political opinions."

Grönemeyer for Constitutional Amendment

Approximately hundreds of thousands of people demonstrated in Berlin over the weekend for more rights for LGBTQI-people during the Christopher Street Day (CSD). At the rally in Berlin, singer Herbert Grönemeyer called for Article 3 to be amended with the addition, "that no one may be disadvantaged because of their sexual and gender identity." The singer urged the crowd for perseverance and even more courage.

The English abbreviation LGBTQI+ stands for Lesbians, Gays, Bisexuals, Trans-people, queer, and intersexual people. As queer, non-heterosexual people or those who do not identify with the traditional role of man and woman or other societal norms around gender and sexuality.

The enshrining of sexual identity as a discrimination factor in the Basic Law is also a goal of the Traffic Light Coalition. To implement this is difficult: For a constitutional amendment, a two-thirds majority in the Bundestag and Bundesrat is required. From some CDU-led state governments, there are signals of support, such as Berlin. The Berlin government, led by Kai Wegner, has announced a Bundesrat initiative to amend Article 3.

Constitutional Amendment is the Goal of the Traffic Light

Deputy SPD faction leader Dirk Wiese told RND that the constitutional amendment is the goal of the Traffic Light Coalition. "Unfortunately, the CDU/CSU Bundestag faction has rejected the talks on this matter. It is therefore pleasing that some CDU politicians from the states take a different position." Unfortunately, the leadership does not take these politicians seriously. "The social political regression since the end of the Merkel years is continuing unchecked at the top of the Union."

FDP Vice-Fraction leader Konstantin Kuhle also urged for a constitutional amendment. This would be "an important signal for political and social acceptance," he told RND. "A constitutional amendment is long overdue in this regard."

Union faction manager Thorsten Frei emphasized to RND that discrimination based on sexual identity is already prohibited through 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 emphasized that homo- and bisexual men were the only victims deliberately excluded from Article 3,3 in 1949. Homosexuals in democratic post-war Germany were still subjected to persecution by the Paragraph 175 in the Criminal Code, which was finally abolished definitively in 1994.

  1. The proposal to enshrine a discrimination ban based on sexual identity in Germany's Basic Law has been deemed unnecessary by the CDU leadership.
  2. During the Christopher Street Day in Berlin over the weekend, hundreds of thousands of people demonstrated for more rights for LGBTQI+ individuals.
  3. Singer Herbert Grönemeyer called for the amendment of Article 3 to include protection against discrimination based on sexual and gender identity.
  4. The Traffic Light Coalition also aims to enshrine sexual identity as a discrimination factor in the Basic Law, a goal that is difficult to achieve due to the requirement of a two-thirds majority in the Bundestag and Bundesrat.
  5. Union faction manager Thorsten Frei argues that discrimination based on sexual identity is already prohibited through various international agreements and German laws.
  6. The Lesbian and Gay Association (LSVD) has highlighted that homo- and bisexual men were deliberately excluded from discrimination protection in Article 3 of the Basic Law in 1949, a situation that persisted with the Paragraph 175 in the Criminal Code.
  7. Deputy SPD faction leader Dirk Wiese expressed disappointment at the CDU/CSU's rejection of talks on this matter, but was pleased to see support from some CDU politicians in state governments.
  8. FDP Vice-Fraction leader Konstantin Kuhle also urged for a constitutional amendment, stating that it would be an important signal for political and social acceptance and long overdue.

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