German Minister of Justice “We must enshrine the prohibition of discrimination on grounds of sexual identity in the constitution”

German Federal Ministry of Justice Stefan Houbi has argued that Germany's Basic Law (constitution) must include a prohibition on discrimination based on sexual identity, following the terror attack during Berlin's Christopher Street Day (CSD) parade in July. On July 22, Houbi stated in an interview with the Rheinischer Westfälische Zeitung that "the need to amend the Basic Law to better protect sexual minorities has been expressed after the terror attack."

On July 25, ISIS-linked suspect Alem Bukhatir (21) plowed a van into pedestrians in Berlin, killing one woman and injuring 29 others. Bukhatir was killed during a police operation later that day. Houbi said the "sexual minority community has recently been exposed to serious hostility and violence, and a Basic Law amendment would send a strong signal."

The current Basic Law Article 3(3) prohibits discrimination based on blood relations, gender, language, origin, religion, political views, disability, and other grounds, but does not mention sexual identity. Houbi argued that "discrimination based on sexual identity should also be prohibited in the constitution" logically. However, he noted that internal government discussions are needed.

Houbi said "the CDU/CSU parties seem to take a stand, but have also shown supportive signals," and that "several state governments led by the Green and Social Democratic parties support this proposal." He also said the chancellor "has emphasized to the terror attack survivor community that the state will protect them after the terror attack," and that "the Basic Law amendment will give substance to this promise."

Houbi said that "the perpetrator was not an unfamiliar figure, but was accused of trying to join the Islamic State during a police operation, and yet the attack went unchecked." He added that there are also discussions on improving information sharing between security agencies and the judiciary. Bukhatir was previously monitored and detained by security agencies, having joined ISIS armed conflict in Syria as a teenager before being captured in Lebanon in May and held for a month.

He was then arrested in Berlin in July and held for a year and ten months, but received a suspended sentence by the Berlin Regional Court, which left open the possibility of a short extension. This has sparked controversy over whether the security services adequately informed the judiciary about Bukhatir's risk level.