Enforcing Safeguards for Gender Identity within Germany's Fundamental Constitution
The Berlin Senate has taken a significant step towards advancing the rights of the LGBTQ+ community in Germany. In a recent resolution, the Senate has decided to expand Article 3 of the Basic Law of Germany to explicitly include "sexual identity" as a protected characteristic against discrimination.
This move, which is formally known as a Bundesrat initiative, is expected to be submitted and discussed at the federal level before the summer break, likely around July 11, 2025. The initiative aligns with Berlin's political commitments and anti-discrimination policies, and is an agreement between the CDU and SPD parties in Berlin, as stated in their "guidelines for government policy."
Berlin's Governing Mayor, Kai Wegner (CDU), had previously announced the federal council initiative to expand protection in Article 3 of the Basic Law to include sexual identity. The city, known as the "rainbow capital," is making a clear statement against discrimination by advocating for this constitutional amendment.
The proposed amendment would add "sexual identity" to the first sentence of Article 3, paragraph 3, which currently protects against disadvantage or favoritism based on gender, origin, race, language, homeland and origin, faith, religious or political views.
However, the amendment process faces significant hurdles, as constitutional amendments require a two-thirds majority in both the Bundestag and Bundesrat. Nonetheless, this step by the Berlin Senate marks a concrete political effort to enshrine sexual identity protection in the German Basic Law at the federal level.
The initiative is being led by Social Senator Cansel Kiziltepe (SPD), who is also responsible for the topic of anti-discrimination. Kiziltepe emphasizes that Berlin intends to stand as the "rainbow capital" and send a clear signal against discrimination.
The announcement was made at the Berlin CSD two years ago, and while the CSD organizers criticized that no action had been taken following the announcement, they demand that Wegner keeps his word. The success of the initiative is considered uncertain, but the Berlin Senate remains committed to advocating for the protection of sexual identity at the federal level.
This represents an active and significant initiative by Berlin to advance constitutional protection for sexual identity in Germany. The expansion of this norm is intended to be a response to the increasing number of queer-hostile incidents and growing visibility of anti-democratic attitudes. The initiative is expected to be presented to the public on July 11, 2025.
In line with Berlin's political commitments and anti-discrimination policies, this Bundesrat initiative, led by Social Senator Cansel Kiziltepe (SPD), targets policy-and-legislation, aiming to expand Article 3 of the Basic Law of Germany to include "sexual identity" as a protected characteristic. This move in the realm of politics, if successful, would be a significant general-news event, aligning with Berlin's goal of establishing itself as the "rainbow capital" and sending a clear statement against discrimination.
