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Bundesrat Advances Move to Add Sexual Identity Protection to Article 3 of Basic Law

The proposal now faces the two‑thirds hurdle in the Bundestag.

Overview

  • The Bundesrat voted to introduce its own legislative initiative in the Bundestag to ban discrimination based on sexual identity.
  • The draft would insert the term “sexuelle Identität” into the first sentence of Article 3, paragraph 3 of the Basic Law.
  • Any constitutional amendment requires approval by a two‑thirds majority in both the Bundestag and the Bundesrat.
  • The initiative originated in Berlin and subsequently gained backing from additional German states.
  • Berlin senator Cansel Kiziltepe cited a tangible rise in queerphobic hostility as a reason to explicitly prohibit discrimination in the constitution.