Germany is still reeling from the weekend's car attack on its Berlin Pride celebration. Politicians are deep in discussion over which consequences the country should draw.

The center-left Social Democrats (SPD) are now mounting another effort to have LGBTQ+ rights enshrined in the German constitution, known as the Basic Law. Article 3 of the Basic Law addresses equality before the law, and currently states that, "no person shall be favored or disfavored because of sex, parentage, race, language, homeland and origin, faith or religious or political opinions. No person shall be disfavored because of disability."

But no mention is made of gender identity or sexual orientation. The SPD wants to change that.

Germany: progressive, but with gaps

Germany still has areas in which queer people — that is, individuals who identify as lesbian, gay, bisexual, transgender, intersex, asexual, non-binary, pangender and otherwise — are not yet fully equal under the law. In addition to the lack of constitutional protection, parentage law is a concern as well.

When a heterosexual couple has a child, the biological mother and her husband are automatically recognized as the child's legal parents. (When a heterosexual couple is unmarried, the biological father must submit a formal declaration to the youth welfare office to recognize his paternity to legally be considered the child's father.)

In queer family constellations, however, the legal situation is far more complex and often requires lengthy legal proceedings to establish parentage. Surrogacy, meanwhile, is illegal in German — a position the ruling conservative Christian Democratic (CDU) party has held for years. Despite having defended this position in the past, high-ranking CDU politician Jens Spahn recently disclosed he had sidestepped this ban and that he and his husband received a child via surrogacy in the US. He was pressured to resign from his position as parliamentary group leader as a result.

Hate crimes and violent attacks on queer people have increased, and many continue to report discrimination in their daily lives. But compared with other European nations, Germany still ranks relatively highly in terms of legal equality for queer people.

In a cross-comparison of 49 European countries, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), a global umbrella organization for LGBTQ+ advocacy groups, ranks Germany seventh in terms of protection and equality for queer residents. Spain holds first place, while Russia comes in last place.

Spain: a pioneer in Europe

Spain's pioneering role in LGBTQ+ rights is rooted in its recent history. Before the end of Francisco Franco's dictatorship in 1975, queer people in Spain were persecuted and imprisoned. The transformation that followed brought about a wave of liberalization and modernization.

The process of decriminalizing homosexuality began in 1979. In 2005, Spain opened marriage to same-sex couples, including full adoption rights. In 2023, the Spanish parliament passed a comprehensive self-determination law. Any person aged 16 or older can now change their legal gender and first name in official documents with a simple declaration at the civil registry office.

Transgender identities are no longer classified as disorders in Spain's healthcare system. Spain also has strong anti-discrimination laws, an independent equality authority, and a legal requirement for companies with more than 50 employees to implement active inclusion and diversity plans for LGBTQ+ staff.

According to regular surveys, these legal advances enjoy the support of a broad majority of Spain's population. Pride events such as Madrid Pride are among the largest in the world and receive support from government institutions across the political spectrum.

Other European countries with similarly progressive records include Malta, Iceland, Belgium and Denmark.

Italy: growing restrictions amid a shift to the right

Under the right-wing nationalist government of Prime Minister Giorgia Meloni, pressure on the LGBTQ+ community has grown significantly in recent years.

Italy still does not have marriage equality, nor does it grant adoption rights to queer couples. The Interior Ministry and public prosecutors have even challenged previously issued birth certificates, resulting in some non-biological mothers being stripped of their legal motherhood years after their children were born.

In late 2024, Italy's parliament passed a law declaring surrogacy a "universal crime." As a result, citizens who have children through surrogacy abroad may face prison sentences and substantial fines upon their return.

Italy also lacks a national anti-discrimination law that explicitly criminalizes hate crimes based on sexual orientation or gender identity. Arcigay, the country's largest LGBTQ+ organization, has recorded a worrying increase in violent offenses and hate crimes targeting queer people.

Hungary: Orban's legacy and its reversal?

Hungary's legal environment for LGBTQ+ people is also restrictive and has been shaped by years of systematic legislative tightening under former Prime Minister Viktor Orban.

In 2020, Hungary abolished the possibility for transgender people to amend the sex recorded in their birth register. Hungary's constitution explicitly defines marriage as a "union of one man and one woman." Same-sex couples are barred from adoption. In 2021, Hungary passed a law under the guise of "child protection" that prohibits any positive portrayal of homosexuality or transgender identities to minors. The law has since been ruled incompatible with EU law by the European Court of Justice.

However, Orban's successor, Peter Magyar, who took office in May 2026, may now be steering the country in a different direction. One indication for this was Budapest Pride in June 2026, which was a peaceful celebration attended by tens of thousands.

The event had been banned the year prior, with the government at the time citing assembly laws.

Magyar's government has also announced plans to fundamentally revise existing anti-LGBTQ+ legislation and bring it into line with EU law. But the queer community in Hungary remains cautious. Repealing Orban-era legislation is likely to be a complex undertaking that could face stiff political and social resistance.

Russia: systematic persecution

Russia has the most repressive anti-LGBTQ+ legislation in Europe according to the ILGA Rainbow Map. The Russian Supreme Court has designated what it called the "LGBT movement" as "extremist" and banned it — even though no such organization exists. Authorities continue carrying out raids targeting activists, publishers and private individuals. Prison sentences can go up to 12 years. Positive or neutral expressions of LGBTQ+ identities and lives is criminalized, and gender recognition procedures are banned.

The Russian LGBTQ+ community has been under particular pressure since Russia's full-scale invasion of Ukraine in 2022, which President Vladimir Putin has in the past argued is a proxy battle with the West and its attempts to undermine the "traditional family values" of Russian society by promoting LGBTQ+ rights.

Under the extremist designation, queer people in Russia, as well as relatives and supporting activists, often live in fear of police and state violence. Many have fled the country.

This article was originally published in German.