Scandal in the Berlin Senate: Senator Kiziltepe has to withdraw the appointment of a Muslim activist

It was a hot Tuesday in the tense environment of Berlin's identity politics. The Senate had actually only wanted to pass a Federal Council initiative to enshrine the protection of sexual identity in the Basic Law – in Article 3, which guarantees equality before the law. But then things went haywire: In the same session, a scandal erupted over the appointment of a Muslim activist to the Senate Department for Labor.

The background to the dispute: Senator Cansel Kiziltepe (SPD) had circulated a press release that morning stating that "the state of Berlin is appointing a contact person to combat anti-Muslim racism for the first time." However, as it turned out, this had not been coordinated with the CDU majority or Governing Mayor Kai Wegner (CDU) .

Wegner then stopped the appointment. "There was no consensus on the issue in the Senate," he announced. His spokeswoman referred to a high-profile expert commission of the Berlin House of Representatives that was doing "valuable work" on the issue, the results of which they did not want to anticipate. Appointing a contact person for combating anti-Muslim racism is politically sensitive. Anti-Muslim racism has become a battle cry in the field of identity politics. Critics see this as an attempt to downplay the fight against anti-Semitism.

Ultimately, Kiziltepe had to withdraw the appointment. She did not comment on how the conflict came about. Yücel Meheroğlu, a 41-year-old academic specializing in racism and prejudice research, was slated for the position. Most recently, she worked as a research associate at the federal office of the Reporting and Information Center on Antiziganism. There, her responsibilities included recording and analyzing racist incidents, monitoring them, and advising those affected.

Islam expert Ahmad Mansour, a member of the Parliament's expert commission and recipient of the Federal Cross of Merit, has also been criticizing for years that this equates Islamophobia and anti-Semitism.

Until the matter is clarified in the Senate, Meheroğlu will now act as contact person for the Senate Department for Labour, Social Affairs, Equality, Integration, Diversity and Anti-Discrimination, it was said.

But this was also the topic of discussion at the Senate meeting: If Berlin has its way, Article 3 of the Basic Law (Grundgesetz) will in future include "sexual identity" in the list of those who may not be discriminated against or favored, in addition to gender, ancestry, race, language, homeland and origin, faith, and religious or political views. To this end, the capital plans to launch an initiative to amend the law in the Bundesrat on July 11.

Queer activists have been fighting for years for a more far-reaching amendment to the Basic Law that would require the inclusion of "sexual gender." But many feel this goes too far, as it abandons the principle that there are only two genders.

Even though there is no majority for the maximum demand, Cansel Kiziltepe – who is responsible for anti-discrimination in the Senate, among other things – spoke of "a strong signal." The initiative, according to the SPD politician, is in keeping with the tradition of the state of Berlin, which has been committed to the concerns and protection of homosexual people for decades. She also pointed out that these rights are specifically mentioned in Article 10 of the Berlin Constitution.

When asked why the term "gender identity" was not included in the Senate resolution, Kiziltepe referred to relevant rulings of the Federal Constitutional Court. Karlsruhe, for example, already considers "gender identity" protected under Article 3.

Abandoning the "gender identity" requirement should increase the chances of a change in the law. This could be helpful, if only because it requires a two-thirds majority. However, the state of Berlin last failed in 2018 with a similar proposal by the then red-red-green state government. A two-thirds majority was denied, primarily due to the CDU/CSU at the federal level.

Berlin's Governing Mayor Kai Wegner and then-President of the Bundestag Bärbel Bas on a float at the Berlin Pride Parade on Christopher Street Day one year ago. Fabian Sommer/dpa

Two years ago, Berlin's conservative-red coalition agreed to launch a new initiative. A few weeks later, Governing Mayor Kai Wegner (CDU) celebrated the initiative at Christopher Street Day – only to be criticized the following year for not yet having delivered. Now, two years of work have been underway, Senate spokeswoman Christine Richter said on Tuesday.

In fact, the chances may be better now than in 2023 or 2018, says Berlin CDU queer politician Lisa Knack in an interview with the Berliner Zeitung. On the one hand, there is the increasing pressure on queer life, which is evident in attacks and violence at pride parades, for example. At the same time, this increases the willingness of others to show their colors and solidarity, Knack says.

The Berlin politician points to the example of Munich: There, the rainbow flag flies in front of the Bavarian state parliament. "It stands for openness, it stands for tolerance, and it stands for diversity and also for acceptance of queer people," says State Parliament President Ilse Aigner (CSU). "I think the timing is right."