Social Issues in Germany - Gay Issues

Gay Issues

Germany has some of the most liberal laws in Europe regulating the status of gays and lesbians, though less so than other countries such as the Netherlands. Gay partnerships which are just short of marriage have been permitted since 2001. Gays and lesbians can legally adopt their partner's biological children (so called stepchild adoption). Legally partnered gays are exempted from Germany's compulsory conscription (as are married heterosexuals). Legally partnered gays are not required to testify against each other in court. Gay couples do not enjoy the tax benefits that heterosexual couples do. Politically, this has caused a "clash of cultures", with the states of Bavaria, Saxony and Thuringia suing against the introduction of "life partnerships" in 2001. They argued the law was violating a clause of the Basic Law stating "marriage and family" were under the state's "special protection". In 2002, the Federal Court of Justice of Germany ruled that this protection did not mean the legislature could not grant other arrangements similar, or even the same, rights. Nevertheless, Bavaria has declared its intent to sue against the recently introduced stepchild adoption. The Christian Social Union and Christian Democratic Union of Germany political parties have been actively working to restrict extensions in legal rights granted to homosexuals. At the same time the opposition leader of the Free Democratic Party, Guido Westerwelle, has called for an increase in rights (in particular economic rights) and has stated that the government has not gone far enough (in spite of having voted against the introduction of life partnerships in parliament in 2001). In general, Germany is one of the more legally and socially tolerant countries towards homosexuals. Despite this general tolerance, debate on the status of homosexuals continues.

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