Justice Minister Hubig wants more protection for queer people

Justice Minister Supports Constitutional Amendment: Hubig Wants Better Protection for Queer People

The attack on the CSD in Berlin at the end of July hit the queer community hard. Justice Minister Hubig now wants to push for better protection — through a constitutional amendment. Will the CDU/CSU go along with it?

Article 3 of the Basic Law prohibits discrimination on various grounds — and in Justice Minister Stefanie Hubig's view, another ground should be added. In a newspaper interview, she advocated for an expansion: "I am in favour of adding to Article 3, Paragraph 3 of the Basic Law a prohibition on discrimination based on sexual identity," the SPD politician told the Rheinische Post.

This, she said, would be an appropriate response to the Islamist terrorist attack on the Christopher Street Day event in Berlin.

Hubig: "Only Logical"

Disadvantaging or favouring people on the basis of their ancestry, language, homeland or origin, faith, religion or political views is already listed in Article 3. "It is only logical to also prohibit unequal treatment based on sexual identity in the constitution," Hubig emphasised.

The word queer is an umbrella term for people whose sexual orientation, gender identity or way of life does not conform to the traditional norm of heterosexuality and binary gender.

Hubig Wants to Win Over the CDU/CSU

Within the black-red governing coalition, however, the Justice Minister would still need to convince the CDU of her plans. She considers this to be achievable. While reservations remain, she said, there are also encouraging signals.

Hubig cited, for example, Chancellor Friedrich Merz's response to the attack in Berlin. He had announced his commitment to protecting the queer community. A constitutional amendment would allow him to "give substance" to those words. The issue still needs to be discussed within the government, Hubig said.

Since a two-thirds majority in the Bundestag is required to amend the Basic Law, Hubig would also need to convince the opposition of her plans.

Attack on CSD Sparked Debate

The Federal Anti-Discrimination Commissioner, Ferda Ataman, had also already called for a constitutional amendment to better protect queer people.

In the terrorist attack on 25 July in Berlin's Tiergarten, the 21-year-old attacker drove a van into several pedestrians before injuring further people with a weapon. One woman died and at least 31 people were injured, seven of them seriously. The Islamist was shot dead by police officers the day after the attack, after they cornered him in a community garden allotment.