Civil unions in Germany
Encyclopedia
Since 1 August 2001, Germany
has allowed registered partnership
s (Eingetragene Lebenspartnerschaft) for same-sex couples. These partnerships initially provided many but not all of the rights of marriage, and currently provide all except joint adoption and full tax benefits. As of 22 October 2009, the Federal Constitutional Court of Germany
has ruled that all the rights and obligations of marriage be extended to same-sex registered partners.
and conservatives from the Christian parties, whose interpretation of marriage
exclude gays. The act grants a number of rights enjoyed by married, opposite-sex couples. It was drafted by Volker Beck
from The Greens
and was approved under the Green/Social Democratic
coalition government.
On 17 July 2002, the Federal Constitutional Court of Germany upheld the act. The Court found, unanimously, that the process leading to the law's enactment was constitutional. The 8-member Court further ruled, with three dissenting votes, that the substance of the law conforms to the constitution
, and ruled that these partnerships could be granted equal rights to those given to married couples. (The initial law had deliberately withheld certain privileges, such as joint adoption and pension rights for widow(er)s, in an effort to observe the "special protection" which the constitution provided for marriage and the family. The court determined that the "specialness" of the protection was not in the quantity of protection, but in the obligatory nature of this protection, whereas the protection of registered partnerships was at the Bundestag
's discretion.)
On 12 October 2004, the Gesetz zur Überarbeitung des Lebenspartnerschaftsrechts (Life Partnership Law (Revision) Act) was passed by the Bundestag, increasing the rights of registered life partners to include, among other things, the possibility of stepchild adoption and simpler alimony
and divorce
rules, but excluding the same tax benefits as in a marriage. By October 2004, 5,000 couples had registered their partnerships. By 2007, this number had increased to 15,000, two thirds of these being male couples. By 2010, this number had increased to 23,000.
In July 2008, Federal Constitutional Court of Germany
ruled that a transsexual person who transitioned to female after having been married to a woman for more than 50 years could remain married to her wife and change her legal gender to female. It gave the legislature one year to effect the necessary change in the relevant law.
On 22 October 2009, the Constitutional Court ruled that a man whose employer had given him and his registered partner inferior pension benefits on account of his not being married was entitled to the same benefits he would receive were he and his partner married and of opposite sexes. The court's decision mandated equal rights for same-sex registered couples not just in regard to pension benefits, but in regard to all rights and responsibilities currently applying to married couples.
On 25 October 2009, the Government Programme of the new Christian Democratic
-Free Democratic
coalition was released. It stipulated that any inequality of rights between (same-sex) life partners and (opposite-sex) married couples would be removed. This would essentially codify into law the Constitutional Court's ruling of 22 October 2009. However, the Government Programme did not mention adoption rights.
On 17 August 2010, the Federal Constitutional Court ruled that the surviving partners of registered partnerships are entitled to the same inheritance tax rules as the survivors of mixed-sex marriages. Surviving marital partners paid 7—30% inheritance tax while surviving registered partners paid 17—50%.
and The Left
have acknowledged their support of the legalization of same-sex marriage. The Greens, in opposition, released a draft law on same-sex marriage in June 2009.
In March 2010, the Senate of Berlin
announced its intention to introduce a same-sex marriage bill in the Bundesrat
, the federal representation of the German states
. According to the Senate, this law would best fit the Constitutional Court's ruling that same-sex couples must be equally treated as heterosexual ones.
The Bundesrat rejected the law. Only Berlin, Brandenburg, Bremen and Northrhine-Westphalia voted in favour of the marriage equality bill. The other 12 Länder didn't vote in favour of the bill.
In June, 2011, the Senate of Hamburg, following CDU losses in state elections around the country, also announced its intention to introduce a same-sex marriage bill in the Bundesrat
, the federal representation of the German states
.
(82%), Sweden
(71%), Denmark
(69%), Belgium
(62%), Luxembourg
(58%), and Spain
(56%) (sharing this position with the Czech Republic
); German support for same-sex marriage is above the European Union average of 44%.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
has allowed registered partnership
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s (Eingetragene Lebenspartnerschaft) for same-sex couples. These partnerships initially provided many but not all of the rights of marriage, and currently provide all except joint adoption and full tax benefits. As of 22 October 2009, the Federal Constitutional Court of Germany
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
has ruled that all the rights and obligations of marriage be extended to same-sex registered partners.
History
The Life Partnership Act of 2001 was a compromise between proponents of marriage equality for gaysSame-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and conservatives from the Christian parties, whose interpretation of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
exclude gays. The act grants a number of rights enjoyed by married, opposite-sex couples. It was drafted by Volker Beck
Volker Beck
Volker Beck is a German politician. He is a sitting member of parliament for the Green Party in the Bundestag. Beck served as the Green Party Speaker for Legal Affairs from 1994–2002, and as the Green Party whip in the Bundestag since then...
from The Greens
Alliance '90/The Greens
Alliance '90/The Greens is a green political party in Germany, formed from the merger of the German Green Party and Alliance 90 in 1993. Its leaders are Claudia Roth and Cem Özdemir...
and was approved under the Green/Social Democratic
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
coalition government.
On 17 July 2002, the Federal Constitutional Court of Germany upheld the act. The Court found, unanimously, that the process leading to the law's enactment was constitutional. The 8-member Court further ruled, with three dissenting votes, that the substance of the law conforms to the constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
, and ruled that these partnerships could be granted equal rights to those given to married couples. (The initial law had deliberately withheld certain privileges, such as joint adoption and pension rights for widow(er)s, in an effort to observe the "special protection" which the constitution provided for marriage and the family. The court determined that the "specialness" of the protection was not in the quantity of protection, but in the obligatory nature of this protection, whereas the protection of registered partnerships was at the Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
's discretion.)
On 12 October 2004, the Gesetz zur Überarbeitung des Lebenspartnerschaftsrechts (Life Partnership Law (Revision) Act) was passed by the Bundestag, increasing the rights of registered life partners to include, among other things, the possibility of stepchild adoption and simpler alimony
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
and divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
rules, but excluding the same tax benefits as in a marriage. By October 2004, 5,000 couples had registered their partnerships. By 2007, this number had increased to 15,000, two thirds of these being male couples. By 2010, this number had increased to 23,000.
In July 2008, Federal Constitutional Court of Germany
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
ruled that a transsexual person who transitioned to female after having been married to a woman for more than 50 years could remain married to her wife and change her legal gender to female. It gave the legislature one year to effect the necessary change in the relevant law.
On 22 October 2009, the Constitutional Court ruled that a man whose employer had given him and his registered partner inferior pension benefits on account of his not being married was entitled to the same benefits he would receive were he and his partner married and of opposite sexes. The court's decision mandated equal rights for same-sex registered couples not just in regard to pension benefits, but in regard to all rights and responsibilities currently applying to married couples.
On 25 October 2009, the Government Programme of the new Christian Democratic
Christian Democratic Union (Germany)
The Christian Democratic Union of Germany is a Christian democratic and conservative political party in Germany. It is regarded as on the centre-right of the German political spectrum...
-Free Democratic
Free Democratic Party (Germany)
The Free Democratic Party , abbreviated to FDP, is a centre-right classical liberal political party in Germany. It is led by Philipp Rösler and currently serves as the junior coalition partner to the Union in the German federal government...
coalition was released. It stipulated that any inequality of rights between (same-sex) life partners and (opposite-sex) married couples would be removed. This would essentially codify into law the Constitutional Court's ruling of 22 October 2009. However, the Government Programme did not mention adoption rights.
On 17 August 2010, the Federal Constitutional Court ruled that the surviving partners of registered partnerships are entitled to the same inheritance tax rules as the survivors of mixed-sex marriages. Surviving marital partners paid 7—30% inheritance tax while surviving registered partners paid 17—50%.
Same-sex marriage
The CDU/CSU, the senior member party of Germany's coalition Government is strictly opposed to the legalisation of same-sex marriage. The Green PartyAlliance '90/The Greens
Alliance '90/The Greens is a green political party in Germany, formed from the merger of the German Green Party and Alliance 90 in 1993. Its leaders are Claudia Roth and Cem Özdemir...
and The Left
The Left (Germany)
The Left , also commonly referred to as the Left Party , is a democratic socialist political party in Germany. The Left is the most left-wing party of the five represented in the Bundestag....
have acknowledged their support of the legalization of same-sex marriage. The Greens, in opposition, released a draft law on same-sex marriage in June 2009.
In March 2010, the Senate of Berlin
Senate of Berlin
The Senate of Berlin is the executive body governing the city of Berlin, which at the same time is a state of Germany. According to the Constitution of Berlin the Senate consists of the Governing Mayor of Berlin and up to eight Senators appointed by the Governing Mayor, two of whom are appointed ...
announced its intention to introduce a same-sex marriage bill in the Bundesrat
Bundesrat of Germany
The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level...
, the federal representation of the German states
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
. According to the Senate, this law would best fit the Constitutional Court's ruling that same-sex couples must be equally treated as heterosexual ones.
The Bundesrat rejected the law. Only Berlin, Brandenburg, Bremen and Northrhine-Westphalia voted in favour of the marriage equality bill. The other 12 Länder didn't vote in favour of the bill.
In June, 2011, the Senate of Hamburg, following CDU losses in state elections around the country, also announced its intention to introduce a same-sex marriage bill in the Bundesrat
Bundesrat of Germany
The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level...
, the federal representation of the German states
States of Germany
Germany is made up of sixteen which are partly sovereign constituent states of the Federal Republic of Germany. Land literally translates as "country", and constitutionally speaking, they are constituent countries...
.
Recognition of same-sex partners for purposes of immigration
Non-EU citizens who are same-sex partners of EU-citizens are considered on the same standing as spouses for the purposes of immigration rights.Public opinion
In December 2006, a poll conducted by the Angus-Reid Global Monitor, seeking public attitudes on economic, political, and social issues for member-states of the European Union found that Germany ranked seventh supporting same-sex marriage with 52% popular support, behind the NetherlandsNetherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
(82%), Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
(71%), Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
(69%), Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
(62%), Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
(58%), and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
(56%) (sharing this position with the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
); German support for same-sex marriage is above the European Union average of 44%.
See also
- LGBT rights in Germany
- Civil unionCivil unionA civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
- Same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
- Recognition of same-sex unions in Europe