

How would it be legally challengeable? No one can be legally forced to host someone else’s data against their will, that sounds ludicrous, otherwise people could sue YouTube for removing their videos before they were legally required to.
The TOS are essentially a way to let you know what they will consider, but legally they can remove your repo without any reason, they’re not legally required to host your data.

I’m not a law expert, but I think even in Germany you would need to prove a pattern not a one off banned a black/trans person to accuse of discrimination. Otherwise any negative repercussion to a black/trans person would generate a discrimination lawsuit, and that just seems absurd.
I assume that if codeberg forces this it will do so with the most egregious offenders, because like you have pointed out it’s impossible to differentiate good code written with AI tools from good code written without them, but bad code written with AI tools is sometimes very differentiable from bad code written without them. And at the end of the day they’re trying to safe-guard against lawsuits over it (as the person uploading the code is not the owner) and becoming a slop repository.
But also, here’s the thing, they’re not making money of you hosting your code there, so it’s much harder to force them to take someone’s data. You could force Google to host your photos if you were unjustly banned, you can’t force me to do so if you found a loophole to use my server for that.