German court upholds gay marriages

Germany's highest court this morning upheld the right of gay and lesbian couples to contract a marriage-like partnership, dismissing…

Germany's highest court this morning upheld the right of gay and lesbian couples to contract a marriage-like partnership, dismissing a complaint by three conservative states.

The southern state of Bavaria, led by the conservative candidate in September 22 general elections Mr Edmund Stoiber, and the eastern states of Saxony and Thuringia had argued that the law put gay "life partnerships" on a par with marriage, which is granted special protection under Germany's constitution.

But the constitutional court in the southwestern city of Karlsruhe ruled in a five-to-three decision that the institution of marriage was not compromised by the law, which Chancellor Gerhard Schroeder's center-left government brought into force on August 1st, 2001.

The court noted that as long as the privileges granted under a "life partnership" do not exactly match those granted to heterosexual married couples, there was no conflict with the constitution.

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Mr Stoiber said he regretted the decision but renewed his pledge not to attempt to reverse the law if elected.

The partnership law confers certain rights on members of officially registered gay and lesbian couples, such as adoption of the spouse's family name, patient visiting and information rights, the right to make bequests and to have joint health insurance coverage.

It also allows partners to have a say in the raising of children one of the "spouses" brought into the union although adoption by homosexual couples remains illegal.

Some 4,500 couples nationwide have opted to register their partnerships. An estimated 41,400 gay and lesbian couples live together in Germany, 13 per cent of whom have children.

With the law, Germany joined countries such as Australia, France, Sweden, Norway, Hungary and Brazil in permitting recognized "domestic partnerships" among gay couples.

AFP