Law introducing the right to marry for persons of the same sex

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Basic data
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

Individual evidence

  1. ↑ Change of law: From now on marriage is for everyone. Spiegel Online , October 1, 2017