Civil union

A civil union is one of several terms for a civil status similar to marriage, typically created for the purposes of allowing same-sex couples access to the benefits enjoyed by married opposite-sex couples (see also same-sex marriage); it can also be used by opposite-sex couples who do not prefer to enter into the legal institution of marriage but who would rather be in a union more similar to a common-law marriage.

Germany

A law about registered partnerships between members of the same sex took effect on August 1, 2001. It was challenged before the Constitutional Court, because the German constitution contains the sentence "marriage and family enjoy the special protection of the state". The Constitutional Court ruled July 17, 2002 that the new law does not lower the protection of marriage and family and let the law stand.

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Couples entering registered partnerships are required to support each other financially. A non-working partner receives the same coverage from the other partner's health insurance as would apply to a marital spouse. Registered partners also enjoy the same rights as married couples when it comes to inheritance law (but not inheritance taxes) and the right to refuse testimony in court.

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Germans can enter registered partnerships with non-Germans who then gain the right to live and work in Germany. They may become German citizens after three years of residency and two years after the partnership took effect. Non-Germans can also enter registered partnerships with other foreigners, who then also receive residence and work permits, under certain conditions, provided at least one of the partners already legally resides in Germany. The partnerships enjoy full equality with married couples in the area of state pensions. While joint adoption is not allowed, it is permitted to adopt one's step-child if this is a natural-born descendant of one's partner, and if the other biological parent agrees to relinquish parental status.

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In tax law, as well as in the salaries of civil servants, marriages still have a significant advantage over registered partnerships, since these laws required the approval of the Bundesrat to be changed. The majority parties in the Bundestag do not have the necessary votes in the Bundesrat to pass legislation in these areas. Supporters of registered partnerships hope that the supreme court will remove this disparity before long.

Related Topics:
Bundesrat - Bundestag

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See also: Life Partnership Act, Civil unions in Germany or the German language article Lebenspartnerschaft

Related Topics:
Life Partnership Act - Civil unions in Germany - Lebenspartnerschaft

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