Monday, 11 December, 2017

Austria's Supreme Court Legalized Gay Marriage

Bulgaria Austria Court Legalises Same Sex Marriage From Start of 2019 Send to Kindle
Elias Hubbard | 07 December, 2017, 02:37

". The distinction between marriage and registered partnership cannot be maintained today without discriminating against same-sex couples", a translated statement from the court reads.

Austria's Constitutional Court [official website, in German] ruled [text, PDF, in German] Tuesday that a 2009 law that allowed same-sex couples to enter registered partnerships but not to get married was unconstitutional.

Officials looked into the current law following a complaint from two women who were upset over being denied a formal marriage by authorities in Vienna.

The Court chose to take out the phrase "different sex", which now gives same-sex couples the option to marry instead of get a civil partnership like before.

Restrictions on same-sex marriage will expire on December 31, 2018. Civil partnerships will also become available for straight couples.

Adam Salandra is a writer, performer and host in Los Angeles. They said it disrespected the tradition of marriage as a partnership between a man and a woman that is intended for procreation.

"The resulting discriminatory effect is seen in the fact that through the different title of the family status people living in same-sex partnerships have to disclose their sexual orientation even in situations, in which it is not and must not be relevant and. are highly likely to be discriminated", it added.

Austria is now the 26th country to legalise same-sex marriage. Austrian homosexuals have been able to enter binding unions since 2010 and were able to adopt children and access fertility treatments like heterosexual couples. However, in the state's laws on marriage it had been explicitly stated that only two people of the opposite sex could marry. In other countries, including Chile and Taiwan, such legislation is being drafted. This year, Germany and Malta joined the group of European countries in which all couples wishing to legally marry are treated equally.

"Austria's constitutional court has sent a powerful message that when it comes to the legal status of relationships, separate is not equal", Dittrich said.

The Court felt not allowing same-sex couples the right to marry was discriminatory.

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