Recognition of gay unions in Austria
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Currently, same-sex marriage is not recognized nor can be performed under Austrian legislation. However civil unions (in a form of a registered partnership) may soon be provided.[1] Austria has provided rights for de-facto same-sex unions since 2003, following the decision of the European Court of Human Rights in Karner v. Austria. These domestic partnerships (or unregistered cohabitation) give cohabiting same-sex couples to the same rights as their unmarried cohabiting opposite-sex counterparts.
In December 2004 the Austrian Social Democratic Party, then in opposition, adopted a major policy decision on the issue of equal treatment of same-sex couples. In addition to introducing registered partnerships, the party was heading towards subsequent opening up of marriage for same-sex couples. The party became leader of a grand coalition Government in January 2007.
While not allowing for same-sex marriage as such, Austria indirectly saw its first same-sex marriage when its constitutional court granted a transsexual woman the right to change his legal gender to female while remaining married to his wife. [2]
A European Union poll surveying up to 30,000 people showed Austrian support for same sex marriage at 49% (higher than the EU average of 41%) [1].
In the "Perspectives" paper released by the ÖVP on 1 October 2007, it announced its support for a registered partnership (a form of civil union), based similar on the Swiss model; it is thus likely that the registered partnerships or civil unions will be legalised (without adoption rights) in the course of 2008 Austrian government plans registered gay partnerships.
An agreed draft was released in late October 2007 -- it would give couples in a civil union almost the same rights as married couples, except for adoption rights.[3]
[edit] See also
[edit] References
- ^ You must specify title = and url = when using {{cite web}}..
- ^ "Austria gets first same-sex marriage." 365gay.com. 5 July 2006 (Retrieved 5 July 2006). See also: legal aspects of transsexualism.
- ^ Homosexuelle dürfen heiraten – und sich leichter trennen « DiePresse.com
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