Promoting equality and accommodating queer diversity – LGBTIQ* rights under the “Union of Equality” doctrine

The Treaty of Amsterdam (1997/99), which first formulated the goal of combatting discrimination based on sexual orientation – is commonly seen as the starting point of the EU’s commitment to LGBTIQ* rights. However, the LGBTIQ* community is made up of people with diverse backgrounds and distinct identities with varying degrees of visibility based on their sexuality, gender identity, gender expression or sex characteristics (SOGIESC), as well as other grounds. This, in turn, may result in quite different lived experiences, needs and demands, but this diversity has not been recognized in EU politics for the longest time. However, under its “Union of Equality” doctrine and its first-ever strategy on LGBTIQ* rights, the European Commission under Ursula von der Leyen has committed itself to promote equality while also accommodating queer diversity. For that purpose, it announced to pay particular attention to the vast and diverse needs of the LGBTIQ* community, especially its most vulnerable and commonly erased parts, and to adopt an intersectional approach to tackle multidimensional discrimination. In so doing, the Commission has pledged to take the entire spectrum of SOGIESC, as well as other factors such as race, ethnic origin, religion, disability or age, into account in its equality policies. This paper will scrutinize whether and how this commitment towards inclusivity has been followed up on thus far by von der Leyen’s Commission. Drawing on insights from Queer Theory and a qualitative analysis of document data and interviews to reveal its broader understanding of SOGIESC equality and diversity, this examination will allow for an initial assessment of the EU’s recent endeavours to promote LGBTIQ* rights.