Recognition of gay unions in Austria

Neither same-sex marriage nor civil unions are provided for in Austrian law, however 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 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. ^[1]

A European Union poll surveying up to 30,000 people showed Austrian support for same sex marriage at 49% [1].

In the "Perspectives" paper released by the ÖVP on 1 October 2007, it announced its support for a civil union based on the Swiss model; it is thus likely that civil unions will be legalised (without adoption rights) in the course of 2008.

See also

• Gay rights in Austria

References

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