Gay marriage austria

In fact, a Pew Research Center poll from 2017 found that 72% of Austrians supported same-sex marriage. As such, many choose to tie the knot at places like the famous Hotel Sacher, the national library, or Belvedere Palace. Both male and female same-sex sexual activity is legal, with 14 as the legal age of consent.

Parliamentary amendments went into effect at the beginning of the year to make hate speech and crime against victims based on their sexual orientation an aggravated sentence. The decision to put forward the pop artist in the contest was a controversial one that put Austria on the map as a leader in progressive attitudes towards inclusion.

Notably, in 2019, the Minister of Education, Science, and Research Iris Eliisa Rauskala became the first government minister to come out as a lesbian in Austria.

The LGBT+ scene in Austria

Over the past two decades, several annual LGBT+ events have been established, particularly in Vienna. While very similar to marriage in terms of legal consequences, including obligations for cohabitation, mutual support, and inheritance rights, some minor differences persist. There is no minimum residency period to marry in Austria, but couples must apply at the local Vital Statistics Office (Standesamt) where they intend to marry.

Understanding Registered Partnerships

Registered partnerships (Eingetragene Partnerschaft) were introduced in Austria on January 1, 2010, specifically for same-sex couples.

Therefore, same-sex couples must meet certain criteria to marry and access the benefits that their union confers. 

Requirements and rights in Austria

Same-sex couples must meet the same requirements as anyone else in order to marry in Austria. The form must then be handed over by the other future spouse when registering to get married.

Austrian citizens who are single and fully competent need:

• official photo ID (valid passport or valid identity card)
• if their birth is not certified or registered in Austria: a document corresponding to a copy of the register of births
• the birth certificate, if born in Austria, for the purpose of possible subsequent entry in the Central Register of Civil Status (ZPR)
• proof of citizenship or entry in the Central Citizenship Register
• if the main residence is abroad: proof of main residence
• if necessary, documetary evidence of academic degrees and further documents or evidence on request

If you have already been married or in a registered partnership, you will additionally require:

• maririage certificate(s) of the previous marriage of partnership certificate of the previous registered partnership
• divorce certificate or proof of the annulment or declaration of invalidity of the previous marriage (decision or judgment with valid confirmation of legal force – stamp confirming legal force), judgment on the dissolution of the previous registered partnership
• if necessary, the death certificate of the spouse
• if necessary, the death certificate of the registered partner
• in the event of a foreign decision on dissolution of declaration of invalidity: the court decision on recognition provided with confirmation of legal force, provided that the Brussels IIa Regulation is not applicable

If you have a child or several joint children, you will additionally require

• birth certificate(s) of the joint child or children
• acknowledgement of paternity or parenthood of the joint children (if the father is not yet entered on the birth certificate(s)
• proof of citizenship, if available
• proof of residence of the children

If you are not present when registering for the banns of marriage, you will additionally require the ‘Declaration for determining marriageability’ form, which is available from every registry office.

You can find out which specific documents are required to register to get married in the case of foreign nationality from the competent registry office.

The original copy of foreign-language documents must be submitted together with a translation.

An Apostille may be required for recognition of the documents, for example.

In case of doubt, the original copy of a foreign-language document must be submitted together with a certified translation.

Couples should also jointly contribute to their living costs. The website also lists community-based room and apartment sharing. In addition, gay marriage in Austria affords each partner the legal status for shared property rights and power of attorney, for example. In general, there are no particular gay-friendly areas in Austria.

In addition, the couple must go through the same registration process to legalize their marriage. 

Austria places great emphasis on equality for everyone. The declaration can be made on the day of the marriage ceremony or during the marriage.

In order to get married, you must be marriageable.

In fact, Austria lifted the ban on gay men donating blood in 2019 and replaced it with a 12-month abstinence period for gay and bi men.

LGBT+ discrimination in the military in Austria

Since 2014, Austria permits LGBT+ individuals to serve openly in the Austrian Military. However, the marriage will not automatically be recognised in the country of origin.