Recognition of same-sex unions in Austria
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Currently, neither same-sex marriage nor registered partnerships are valid or recognized under Austrian law. However, registered partnership may soon be established under plans announced by the government.[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. This status, called unregistered cohabitation, gives cohabiting same-sex couples the same rights as unmarried cohabiting opposite-sex partners.
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 her legal gender to female while remaining married to her 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%).[3]
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.[1]
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.[4]
[edit] See also
[edit] References
- ^ a b "Austrian government plans registered gay partnerships".
- ^ "Austria gets first same-sex marriage". 365gay.com (2006-07-05). Retrieved on 2008-07-20. See also: legal aspects of transsexualism.
- ^ "Eight EU Countries Back Same-Sex Marriage" (2006-12-24). Retrieved on 2008-07-20.
- ^ "Homosexuelle dürfen heiraten – und sich leichter trennen". DiePresse.com.
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