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Recognition of same-sex unions in Austria

 
Wikipedia: Recognition of same-sex unions in Austria
Legal recognition of
same-sex couples
Same-sex marriage

Belgium
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Netherlands
Norway

South Africa
Spain
Sweden

Performed in some regions

United States (CT, IA, ME*, MA, NH*, VT)

Formerly performed

United States (CA)

Recognized, not performed

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United States (DC, NY)

Civil unions and
registered partnerships

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Wallis and Futuna

Performed in some regions

Argentina (C, RC, RN, VCP)
Australia (ACT, TAS, VIC)
Mexico (COA, DF)
United States (CA, CO, DC, HI, NJ, NV, OR, WA, WI)
Venezuela (ME)

Recognized, not performed

Isle of Man (UK only)

Unregistered co-habitation

Argentina
Australia
Austria
Brazil

Colombia
Croatia
Israel
Portugal

In some regions

United States (MD)

Status in other jurisdictions

Albania
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United States (AL, AS, AZ, DE, FL, GU, IL, LA, MI, MN, MT, NM, NC, OH, PA, PR, RI, SC, UT, WV, WY)

Notes

*NH marriage law is effective 1 January 2010; ME pending ballot approval on 3 November 2009.

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Civil union
Domestic partnership
Registered partnership
Listings by country

LGBT portal

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 new same-sex marriages to be contracted, 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 2006 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.[1]

An agreed draft was released in late October 2007 which would give couples in a civil union nearly the same rights as married couples, except for adoption rights.[4]

In February 2009, Austria's Interior Minister Dr. Maria Fekter held conversations with a delegation of the Austrian LGBT-right association Lambda (Rechtskomitee Lambda) concerning the issue of equal rights for LGBT people. Dr. Maria Fekter announced that the bill for a registered partnership (Eingetragene Partnerschaft) will be introduced and enacted in Autumn 2009 and would become legal on 1 January 2010.[5]

On 12 October 2009 The Greens urged the government to keep to its promise of having registered partnerships implemented by January 2010 with Green justice spokesman Albert Steinhauser saying that time was running out for the proposed law. The party also called for opening up marriage to same-sex couples.[6]

On 13 October 2009, the Austrian Justice Minister Claudia Bandion-Ortner announced that a registered partnership law would be announced "in a few weeks". She stated that such a law is in the process of being drafted, with some aspects of it still being under contention. A particular area of contention is whether registered partnerships should include a ceremony.[7]

See also

References

  1. ^ a b "Austrian government plans registered gay partnerships". http://www.pinknews.co.uk/news/articles/2005-5849.html. 
  2. ^ "Austria gets first same-sex marriage". 365gay.com. 2006-07-05. Archived from the original on 2007-10-17. http://web.archive.org/web/20071017161302/http://365gay.com/Newscon06/07/070506austria.htm. Retrieved 2008-07-20.  See also: legal aspects of transsexualism.
  3. ^ "Eight EU Countries Back Same-Sex Marriage". 2006-12-24. http://www.angus-reid.com/polls/view/14203. Retrieved 2008-07-20. 
  4. ^ "Homosexuelle dürfen heiraten – und sich leichter trennen". DiePresse.com. http://diepresse.com/home/politik/innenpolitik/339146/index.do?_vl_backlink=/home/politik/innenpolitik/index.do. 
  5. ^ "Registered partnership on 1. January 2010". 2009-02-18. http://www.gaynet.at/news/artikel/5199_Lambda. Retrieved 2009-02-18. 
  6. ^ "Grüne fordern rasche Umsetzung der Homo-Ehe" (in German). Die Presse. 2009-10-12. http://diepresse.com/home/politik/innenpolitik/514423/index.do?_vl_backlink=/home/politik/index.do. Retrieved 2009-10-12. 
  7. ^ Bandion-Ortner: Einigung in "wenigen Wochen", Der Standard, 13 October 2009
Laws regarding same-sex partnerships in Europe      Same-sex marriage      Other type of partnership      Unregistered cohabitation      Issue under political consideration      Unrecognized      Constitution limits marriage to man/woman
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