A promise for the freedom of love - Fighting for LGBTI* rights in Germany and Europe
Written by Marie-Agnes Strack-Zimmermann and MEP Michael Kauch
Improving LGBTI* rights is a mission of the Free Democrats (FDP), both at the European level and the national level. Everyone must be able to lead a self-determined life. As FDP Chairman Christian Linder framed it: "Who we love, how we live and how we define ourselves - we must all be free to do so" - whether gay or lesbian, heterosexual or bisexual, intersexual, transsexual or cisgender.
Progress in Germany
For more than sixteen years, until 2021, the then-ruling Christian Democrats tried to block all improvements on LGBTI* rights in Germany. During that time, progress came only by Constitutional Court rulings or – in the case of equal marriage – by a free vote in Parliament. In 2021, the governing coalition formed by Free Democrats, Greens, and Social Democrats agreed to end this standstill and ring in a new era in queer politics.
On the initiative of Federal Justice Minister Marco Buschmann (FDP), Parliament has introduced stricter penalties for hate crimes against homosexuals, transgender people, and women. Yet even more has been achieved: queer refugees get better protection, the discriminatory ban on gay blood donors has been lifted, trans* persons will get the right to self-determine their gender, and a national action plan for “queer life” has been established.
As a next step, we are going to create a better legal framework for rainbow families. Parenting agreements shall be concluded with legal effect, even before conception. This includes the right to determine who is a legal relative in multi-parent families. The mother's wife should be co-mother from birth unless otherwise agreed with the biological father. Predominantly the FDP ensures a fair balance of rights for both lesbian mothers and gay fathers in multi-parent families.
In addition, a “small right of custody” will make life easier for both rainbow families and heterosexual patchwork families. Moreover, the FDP will continue to advocate for egg cell donation, altruistic surrogacy, and legal multi-parenthood, which the German Social Democrats and Greens still do not support.
To show support to the LGBTI* community, for the past 20 years, the FDP has been present at gay prides in more than 40 cities and towns all over the country. The annual campaign is the FDP's most comprehensive campaign besides its election campaigns. It is co-organised by LiSL, the independent LGBTI* organisation affiliated with the FDP. For almost 14 years, LiSL has been committed to shaping politics for lesbians, gays, bisexuals, trans*, intersex, and queer people from a liberal perspective. LiSL has played a significant role in shaping FDP programs on diversity, inclusion, and human rights, as well as pushing for action in the legislative process. LiSL is represented on the FDP board and is a proud member of LGBTI Liberals of Europe.
Our vision for LGBTI* in Europe
The European Union is a project for political and economic freedom and fundamental rights. And it is a promise: of the freedom of love, equality, and diversity. A promise that is not yet fully fulfilled. It has come under pressure not only from the outside but also increasingly from within. Across Europe, polarisation has grown between large parts of the population increasingly accepting of LGBTI* rights and other, more radical groups rejecting them, having led to an increase in hate speech and hate crimes. In Italy, the government has been attacking rainbow families, denying their recognition and even criminalising Italians who use legal reproductive rights in other European countries. In Poland, communities have declared themselves "LGBT-free" zones. In Hungary, the government has banned its youth from free information about sexual diversity, as Lithuania did in the past.
For us, one thing is clear: LGBTI* people are not second-class citizens. They have equal rights and dignity. They must be respected and protected. Freedom of expression and safe and free demonstrations for LGBTI* people must be guaranteed across Europe.
Even if criminal law is national, we call on governments to strengthen their laws on hate crimes against LGBTI* people. Even if family law is - in principle - national, we call for European legislation to ensure that rainbow families can move freely within the Union. All Member States must recognise same-sex marriages contracted in another EU country with full rights and obligations. This mutual recognition must also apply to parenthood recognised by the competent member state. Reproductive rights such as egg cell donation and surrogacy must not be criminalised in other EU member states if they have been legally exercised in one.
On anti-discrimination policy, we seek to ensure that all EU laws on racism must be extended to homophobia and other forms of discrimination. Neither Member States nor candidate countries should be allowed to get a discount on respecting the civil rights of LGBTI* people. We support the freezing of EU funds to countries that violate these rights. A clear signal to Hungary, but also the candidate country Serbia. Moreover, the European Union must step up its efforts to stand up for global LGBTI* human rights - not just with words and diplomacy, but with clear action. If a country attacks human rights by introducing new criminal laws, the EU's development cooperation must be critically reviewed.
The upcoming European elections will determine the European Union's contribution to a non-discriminatory and equal life for lesbian, gay, bisexual, transgender, and intersex people - in Europe and around the world. It will decide whether the European Parliament will passively stand by while the civil and human rights of LGBTI* people are under attack. Or whether a liberal group will speak out to promote the necessary action. We remain committed to a Europe of freedom, of openness to the world and to the future. And it is precisely for these values that the Free Democrats will fight in Europe. We are going into the European election campaign with clear queer policy commitments.
