Law introducing the right to marry for persons of the same sex
Basic data | |
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Title: | Law introducing the right to marry for persons of the same sex |
Short title: | Marriage law (not official) |
Type: | Federal law |
Scope: | Federal Republic of Germany |
Legal matter: | Family law |
Issued on: | July 20, 2017 ( Federal Law Gazette I p. 2787 ) |
Entry into force on: | October 1, 2017 |
GESTA : | C066 |
Weblink: | Text of the law |
Please note the note on the applicable legal version. |
The German law introducing the right to marry for persons of the same sex has made it possible for persons of the same sex to enter into a civil marriage since October 1, 2017 .
Previously this was reserved for people of different sexes. Persons of the same sex could enter into a registered civil partnership according to the Civil Partnership Act (LPartG).
The law changed Section 1353, Paragraph 1, Clause 1 of the German Civil Code (BGB). Until October 1, 2017, this was as follows:
Die Ehe wird auf Lebenszeit geschlossen.
Since October 1, 2017 the regulation has been:
Die Ehe wird von zwei Personen verschiedenen oder gleichen Geschlechts auf Lebenszeit geschlossen.
According to the reasons for the law, the amendment to the law is merely a “clarification” of the concept of marriage. This clarification was preceded by a “fundamental change in the traditional understanding of marriage” within society, which the legislature wanted to take into account through the change.
A marriage of the same sex is known as a same-sex marriage .
According to § 20a LPartG, an existing civil partnership can be converted into a marriage by declaring before the registrar. New civil partnerships can no longer be established since the marriage opening act came into force. There is only "marriage for all".
literature
- Dieter Schwab : marriage for people of the same sex . FamRZ 2017, issue 16.
- Stephan Meyer : Same-sex marriage regardless of the concept of marriage in Article 6, Paragraph 1 of the Basic Law, according to the constitution. FamRZ 2017, issue 16.
Web links
- Law introducing the right to marry for persons of the same sex DIP , basic information on the process
Individual evidence
- ↑ Change of law: From now on marriage is for everyone. Spiegel Online , October 1, 2017