Civil Partnership Act

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Basic data
Title: Registered Civil Partnership Act
Short title: Civil Partnership Act
Abbreviation: LPartG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: civil right
References : 400-15
Issued on: February 16, 2001
( BGBl. I p. 266 )
Entry into force on: August 1, 2001
Last change by: Art. 3 G of December 18, 2018
( Federal Law Gazette I p. 2639, 2640 )
Effective date of the
last change:
December 22, 2018
(Art. 17 G of December 18, 2018)
GESTA : C043
Please note the note on the applicable legal version.

The Act on Registered partnership, shortly Civil Partnership Act (LPartG) allowed from August 2001 to September 2017, two people of the same sex in the Federal Republic of Germany the creation of a civil partnership ( partnering ) . The sexual orientation of the people was irrelevant here. At that time , a civil partnership (apart from the adoption of the partner) in Germany was the only way to give a same-sex relationship a legal framework. The legal consequences of this legal institution of the civil partnership were for the most part modeled on the legal consequences of marriage in civil law matters. Two people of different sex cannot legally establish a civil partnership; for them marriage alone was the recognized legal institution. The civil partnership was colloquially called "gay marriage". The article registered partnership contains an overview of the regulations governing the recognition of partnerships between people of the same sex in other countries .

In 2010, around 63,000 same-sex couples stated in the microcensus of the German Federal Statistical Office that they lived together in a common household. In May 2011 there were almost 34,000 registered civil partnerships in Germany, around 40 percent of which were women’s partnerships.

In 2015, 94,000 couples lived in a same-sex partnership, 43,000 of them in a registered civil partnership. Men lived somewhat more often with a partner of the same sex than women, they led 52% of all same-sex partnerships.

According to the law introducing the right to marry for persons of the same sex , since October 1, 2017, civil partners can apply to convert their civil partnership into a marriage ( Section 20a LPartG). Since October 1, 2017, it is no longer possible to establish new civil partnerships ( Art. 3 Para. 3 of the Act).

The Civil Partnership Act

applicability

The applicability of the Life Partnership Act (LPartG) by German bodies is determined by Art. 17b EGBGB . Decisive for the establishment, the effect of the civil partnership among the civil partners, for the property law and the dissolution of a civil partnership is the law of the register-keeping state. A possible referral back or further referral by the foreign legal system is not to be taken into account in order to avoid difficult adaptation qualification problems ( substantive standard referral ).

The applicability of the LPartG is regulated differently from the application of marriage law, which basically refers to the home law of every fiancé. The reason for this is that the legal systems of many countries do not provide for a registered partnership . Thus, a foreigner who belongs to such a state would be unable to establish a civil partnership even after a long stay in Germany. Stronger than the nationality of the falls residence or the habitual residence of the spouse importance since the jurisdiction of the certifying authorities is governed by state law and most states have set a bound to the residence jurisdiction. As a result, foreigners who are not resident in Germany or have any other domestic connection and whose home law does not have a civil partnership can only register a civil partnership in Germany if the registration authority appointed for registration under state law is responsible under state procedural law, which is currently only is possible in Bavaria.

The partial question of the civil partnership name is linked separately. In German is § 3 LPartG application. If at least one of the partners is a foreigner, according to Art. 17b, Paragraph 2, Clause 1 EGBGB in conjunction with Art. 10, Paragraph 2 EGBGB, either the civil partnership name can be chosen according to the law of the state to which one of the civil partners belongs or, if some of them belong to his habitual residence in Germany, German law (§ 3 LPartG).

content

The civil partnership can be preceded by a promise to want to establish a civil partnership (corresponds to the engagement ). As with any engagement, the promise cannot be used as a basis for an action to enter into a civil partnership. While it is symbolic, in a court case the promise to refuse to testify can be significant.

Reason

German regulations always apply to the admissibility of establishing a civil partnership in Germany for both a German and a foreigner (Art. 17b (1) EGBGB).

requirements

The establishment of a civil partnership is permitted,

  1. if the declaring parties are of the same sex ( Section 1 (1) LPartG);
  2. if none of the declaring parties has already entered into a still existing marriage or civil partnership with a third party ( monogamy , Section 1 Paragraph 3 No. 1 LPartG)
  3. if it is not concluded between straight line relatives or full or half-born siblings ( Section 1 (3) No. 2, 3 LPartG).

Like the ability to marry , the ability to enter into a civil partnership does not come into effect until the age of majority (cf. § 1 Paragraph 3 No. 1 LPartG). Proof of the admissibility requirements is provided on the basis of the civil status registers. If the declaring person is a foreigner, he has to prove his single status by means of a single certificate. In contrast to the certificate of marital status , the certificate of unmarriage only proves the actual requirements of Section 1 (3) No. 1 LPartG; Proof of the legal requirements of the home country does not have to be provided because of Art. 17b, Paragraph 1, Clause 1 EGBGB.

Form, procedure and jurisdiction

The declaration of wanting to establish a civil partnership is highly personal , hostile to conditions and time limits ( Section 1 LPartG). It takes place with simultaneous presence. The civil partnership is established in accordance with Section 1 LPartG vis-à-vis the registrar . However, according to Section 23 of the Civil Partnership Act, the individual federal states have the option of determining other responsibilities. Only Bavaria is currently making use of this. According to the local implementation law, every notary is responsible for receiving the declarations in addition to the registrar .

When the Civil Partnership Act came into force, the registrar's regular responsibility had not yet been determined, as this provision would have required the approval of the Bundesrat under Article 84.1 of the Basic Law . As provided in the original draft of the law, half of the federal states entrusted the registry offices with this task from the start. In the other federal states, various other authorities (often the districts and urban districts ) were initially responsible. Most recently, the registry offices in Thuringia were established on January 1, 2011 and in Baden-Württemberg on January 1, 2012.

In all federal states, as with marriage, it is possible to have yourself transferred to another registry office for the ceremony. A Bavarian notary can only perform the certification in his district, but the partners can also have their residence elsewhere, even outside Bavaria or Germany, which is used by some non-resident foreigners (especially Austrians).

Effect between life partners

The civil partnership has the following rights and obligations in particular:

The regulation of the civil partnership name is the same as the regulation of the married name. A child is named in accordance with Section 9 (5) LPartG. For more information, see: Naming rights

Property law

For property law , § 6 LPartG refers completely to matrimonial property law. The statutory property regime is the community of gains . The matrimonial property relationships can be regulated otherwise through a civil partnership contract ( marriage contract ) ( Section 7 LPartG).

Inheritance law

If German inheritance law applies, life partners are treated equally with spouses ( Section 10 LPartG).

The survivor is the legal heir of his deceased partner and may have a compulsory portion against the heir or the community of heirs .

Civil partners, like spouses, can draw up a joint will . This means that a Berlin will is also possible.

Tax law

Income tax

Between 2001 and 2011, life partners were treated less favorably than spouses in terms of income tax (splitting tariff). The spouse splitting and the right to choose tax classes were denied. Only pension expenses could be recognized as special expenses and maintenance payments as an extraordinary burden in a limited amount. From the 2012 tax year onwards, as a result of a series of favorable judgments by the tax courts, the applications for splitting proceedings and for a change in tax class were granted in most federal states.

On June 6, 2013, the Federal Constitutional Court published its ruling on the splitting of spouses for registered partners of May 7, 2013; Accordingly, the unequal treatment of married people and registered partners in the provisions of §§ 26, 26b, 32a (5) EStG on the splitting of spouses is incompatible with the general principle of equality of Article 3 (1) GG. Thus, there is now a legal right to change the tax class and the splitting procedure. The relevant paragraphs of the Income Tax Act remain applicable until the final legal form, but must also be applied to registered civil partnerships. The equality will take place retrospectively as of August 1, 2001; if the partners have objected to the previous tax assessments, they can receive appropriate tax refunds.

There were legal differences between civil partnerships and marriage in income tax law until 2013. Up until that year, civil partnerships and the like were not included. a. in the Income Tax Act ( spouse splitting , tax class option , doubling of the saver lump sum ) and in the 5th Wealth Creation Act .

With the judgment of the Federal Constitutional Court on the required equality in income tax, which was passed by the Bundestag in June 2013, equality in income tax took place.

Participation in the splitting process

On November 9, 2010, the Lower Saxony Finance Court ruled in preliminary legal protection proceedings that the exclusion of civil partnerships in the case of spouse splitting was unconstitutional. In a decision of May 16, 2011, the Baden-Württemberg Finance Court agreed with the case law of the Lower Saxony Finance Court that life partners can request a change in wage tax brackets from I / I to III / V with effect from January 1, 2011 . In further decisions in late 2011 / early 2012 have the Finanzgericht Schleswig-Holstein , the Finanzgericht Köln and the Finanzgericht Bremen voted in favor of equality in income tax. The Federal Finance Court confirmed the provisional legal protection granted by the Lower Saxony Finance Court, but did not deal with the constitutionality of the unequal treatment of partner couples in income tax. However, he is pending a revision on this question. Furthermore, since 2006, the Federal Constitutional Court has received three constitutional complaints for decision. For the tax year 2012, only the federal states of Bavaria and Saxony refuse to grant the application of registered life partners for splitting, as can be seen from a response from the Federal Ministry of Finance to a request from the left-wing tax politician Barbara Höll . With the "Act to amend the Income Tax Act in implementation of the decision of the Federal Constitutional Court of May 7, 2013", participation in the splitting process is permitted from 2013.

Tax class change

At the end of February / beginning of March 2012, based on the various favorable decisions of the tax courts, the German tax authorities made it possible by means of administrative instructions that in future the application of life partners for a change in tax class will be granted. In 13 federal states, from 2012 onwards, lesbian and gay couples can be divided into one of the tax brackets that corresponds to spouse splitting. According to the Federal Ministry of Finance, this is only not possible in the federal states of Bavaria, Saxony and Saarland. In February 2013, the Federal Fiscal Court in Munich granted civil partnerships provisionally until the next decision by the Federal Constitutional Court, the spouse splitting and the tax class change. With the “Law amending the Income Tax Act in implementation of the decision of the Federal Constitutional Court of May 7, 2013”, the choice of the tax class as for spouses is also permitted from 2013 onwards.

Extraordinary burden: maintenance

In the case of income tax , the life partner can enforce that maintenance obligations to his partner are taken into account under income tax law. If he has little or no income of his own and he has little or no assets, the maintenance payments of the other partner can be taken into account in accordance with Section 33a (1) sentence 1 of the Income Tax Act (EStG). Upon request, the maintenance payment can be taken into account as an extraordinary burden up to a maximum amount of EUR 8004 . Own income or emoluments of the partner reduce the amount of 8,004 euros if they exceed 624 euros. If the partners choose a joint income tax assessment that is legally permitted from 2013, the maintenance cannot be claimed as an extraordinary burden.

Pension expenses as a special edition

Pension expenses for the life partner as well as for the spouse for health and long-term care insurance at the social assistance level have been deductible in full as special expenses since January 2010 with the Citizens Relief Act.

Exemption order for investment income

Life partners who are not permanently separated have a joint exemption volume of their investment income and from 2013 can either issue joint exemption orders or continue to issue individual exemption orders.

Gift and inheritance tax, real estate transfer tax

The Federal Constitutional Court ruled on July 21, 2010 that the unequal treatment of marriage and registered civil partnership in the inheritance tax and gift tax law is incompatible with Article 3 (1) of the Basic Law, which the legislature adopted on January 1, 2011. In the Gift and Inheritance Tax Act (up to and including 2010 only with regard to tax rates, not assimilated in the tax exemptions); the equality took place from 2011. According to Section 16 of the Inheritance Tax and Gift Tax Act (ErbStG) in the version in force since January 1, 2009, life partners now have the same tax allowance as spouses (500,000 euros instead of 307,000 euros for spouses or 5,200 euros for life partners), also for the pension allowance (now 256,000 Euro) equality has been introduced ( § 17 ErbStG new version). The tax rates will also be the same from 2011. As with the surviving spouse, these are based on tax class 1 (entry tax rate 7%).

According to Section 3 of the Land Transfer Tax Act , spouses are treated equally to property transfer tax, so that, for example, they do not have to pay real estate transfer tax if they acquire the partner's property through sale or death.

Church tax

In 2014, partnered couples who pay church tax will be treated equally. The life partners benefit from the advantages of the splitting tariff when setting the church tax.

Tax incentives for the Riester pension

In the old age provision contract certification law (AltZertG), indirect entitlement to allowances for life partners has been made possible since 2014. This was done by recognizing life partners as surviving dependents within the meaning of the law by amending Section 1 (1) No. 2 AltZertG.

Granting of the housing construction premium

In residential premiums law is since 2014 in § 3 the assets of the partner credited residential construction bonuses Act and equated the granting of housing premium.

Payment of child benefit

With the equalization of the Federal Child Benefit Act in 2014, child benefit can also be paid out to the partner.

care

The custody against a biological child is governed by general rules. The life partner of someone who is solely entitled to parental custody acquires minor custody according to § 9 LPartG, like a stepparent according to § 1687b BGB.

adoption

Life partners cannot adopt a child together . If a life partner adopts a child alone, the consent of the other party is required, as is the case with spouses ( Section 9 (6) LPartG). A stepchild adoption is possible, on the other hand, provided that it is the biological child of the other partner ( Section 9 (7) LPartG). The Federal Constitutional Court also ruled on February 19, 2013 that successive second adoption (see rainbow families ) is allowed. There are proceedings before the Federal Constitutional Court to examine the ban on joint adoption by life partners.

Common guardianship

A ruling by the Munich District Court together are partnered gay couples entitled since August 5, 2016 as foster parents , the guardianship and exercise together for children and adolescents; up to this point in time there was a loophole in the law that prevented this.

Social law

In Social Law ( unemployment benefits , parental allowance , child maintenance payments , social security , housing allowance , BAföG ) are equal partner spouses. You may receive a death pension and are insured under the same conditions as your spouse with the statutory health insurance as part of the family insurance . In May 2011, the European Court of Justice ruled in a landmark ruling that same-sex couples who are partnered have the same pension entitlements as men and women in a marriage.

Employment Law

On April 29, 2004, the Federal Labor Court issued a judgment according to which the remuneration of married employees according to the Federal Employees' Collective Agreement (BAT) also applies to partnered employees. So far, employers had only increased the local allowance in the case of marriage . After this improved position for heterosexual partnerships also applied to lesbians and gays, it was decided in the newly concluded collective agreements ( TVöD and TV-L ) that came about in 2005 and 2006 that the increased local surcharge would no longer apply. However, the equality of life partners for employees in the public service was explicitly stated in the wording of the contracts, e.g. B. in the case of time off work due to the death or childbirth of a partner. According to a ruling by the Federal Labor Court, civil partnerships are also to be equated with marriage in the case of surviving dependents' benefits within the framework of company pension schemes . A surviving partner is then to be granted the same survivor's pension as a surviving spouse.

On July 7, 2009, the Federal Constitutional Court ruled that the company survivors' pension is also to be granted for the partnered public service employees in accordance with the statutes of the Federal and State Pension Fund (VBL). With a further ruling of December 11, 2019, the court ruled that this also applies to the supplementary pension for the public service and that the insured cannot object to a failure to submit an application for times before the decision of the Federal Constitutional Court, because according to the law of the time, only married couples, but not partnered couples who could receive additional benefits.

Salary and pension law in civil service law

In the Civil Service Law of the Federal ( Federal Civil Service Act , Federal Remuneration Act , Civil Service Pensions Act , Military Personnel Act , Military Pensions Act ) and the countries there has been an inclusion of civil partnerships. For example, the civil servant who has been partnered receives a survivor's pension and a family allowance .

Partnered state officials from all federal states: Baden-Württemberg, Bavaria, Bremen, Berlin, Brandenburg, Hamburg, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Lower Saxony, Rhineland-Palatinate, Saarland, Hesse, Schleswig-Holstein, Saxony, Saxony-Anhalt and Thuringia are the equal to married state officials.

On April 1, 2008, the European Court of Justice ruled that based on Directive 2000/78 / EC , partnered employees can be entitled to a widow's / widower's pension within the framework of their right to the same pay. According to his judgment, lesbians and gays in civil partnerships must receive widows or widowers' allowances like their married colleagues if they are in a comparable situation. The term “remuneration” under European law includes all benefits that employers and employers grant their employees, including company survivors 'pensions and survivors' pensions. The ECJ did not limit the temporal effect of its judgment. Therefore, these principles apply from the expiry of the implementation period of Directive 2000/78 / EC, which is December 3, 2003. According to a decision of the Federal Constitutional Court, however, the judgment of the ECJ should not result in civil servants who are married and married couples being entitled to a family allowance .

In October 2010, the German federal government passed a draft law that provides for equality in pay and benefits for partnered federal officials and soldiers. At the end of October 2010, the Federal Administrative Court ruled in several decisions that homosexual, partnered federal officials have the same rights of care. The draft law was discussed in the Bundestag on December 2, 2010. In a circular dated December 17, 2010, the Federal Ministry of the Interior instructed the bodies paying the remuneration to grant salary recipients in civil partnerships. In September 2011, after the Bundestag, the Bundesrat passed the bill. On August 1, 2012, the Federal Constitutional Court published a ruling according to which partnered federal civil servants are to be treated retrospectively to 2001 in the family allowance. The unequal treatment of registered civil partnerships and marriage in the family allowance under civil service law ( Section 40 (1) No. 1 Federal Salary Act - BBesG) has been incompatible with the general principle of equality in Article 3 (1) of the Basic Law since August 1, 2001 . With the addition of Section 17b BBesG, regulations relating to marriage apply accordingly to civil partnerships.

Pension entitlement

A ruling by the European Court of Justice in Luxembourg confirmed that homosexual partnerships should in future be equated with marriage when regulating old-age provision. A former employee of the city of Hamburg who had worked in the public sector between 1950 and 1990 had sued. He has lived with his partner continuously since 1969, and in 2001 they both entered into a civil partnership. When he then asked for an increase in his pension entitlement, his employer refused. Gay and lesbian government employees can retrospectively request corresponding benefits.

In Germany's statutory pension scheme, same-sex life partners registered under the Civil Partnership Act were also included in the survivors' pension with effect from January 1, 2005. Since then, surviving life partners have also been entitled to a survivor's pension under Section 46 (4) SGB VI. The same applies to the child-raising pension ( Section 47 (4) SGB VI).

According to a ruling by the Federal Constitutional Court , marriages and registered civil partnerships are to be treated equally in the company survivors' pension for public service employees according to the statutes of the Federal and State Pension Fund (VBL).

Effects in state law

Before the federalism reform , the states of Berlin, Schleswig-Holstein, North Rhine-Westphalia, Mecklenburg-Western Pomerania and Hamburg had already made adjustments to state law (bias regulations, care for the dead, etc.). After the federalism reform, which made it possible to make provisions on civil servant salaries that differed from one another and from the federal government, thirteen federal states of Baden-Württemberg, Bremen, Berlin, Brandenburg, Hamburg, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia, Saarland, Rhineland- Palatinate, Hesse, Schleswig-Holstein and Saxony-Anhalt as federal states enforced full equality between life partners in state law.

Suspension and maintenance

International jurisdiction

The international jurisdiction of German courts for the annulment of a civil partnership and for maintenance is determined according to § 103 FamFG ; the EheVO-II (Brussels IIa) does not apply. According to this, the German jurisdiction is called upon to decide if one of the partners is German, one of them has his habitual residence in Germany or Germany is the place of registration. This means that jurisdiction is regulated in a more plaintiff-friendly manner than for a spouse seeking divorce or maintenance.

Repeal

Since January 2005, the requirements for annulment of the civil partnership have been equal to the requirements for divorce from a marriage ( Section 15 LPartG). The partners must have lived apart for at least twelve months before submitting the application for annulment. Before 2005, a publicly notarized declaration was required from one or both partners stating that they did not want to continue the civil partnership. After this notarized declaration of separation and the expired twelve months in the case of mutual consent or three years in the case of a unilateral declaration, the court was able to terminate the civil partnership, provided that the continuation of the civil partnership was not to be regarded as unreasonable hardship.

Maintenance and pension compensation after cancellation

According to Section 12 , maintenance after the separation and according to Section 16 after the dissolution of a civil partnership is to be treated in the same way as separation maintenance or post-marital maintenance. Also, the supply balance is in accordance with § 20 equal.

Funeral law

According to the funeral law of the German federal states, the civil partner is entitled and obliged, like a spouse, to provide for the funeral of the deceased civil partner.

Other effects

Partnerships under foreign law

Civil partnerships according to German law can only take place before the above competent state authorities are closed; Civil partnerships cannot be concluded in front of German consulates abroad.

Partnerships under foreign law concluded by a foreign authority between two men or two women are recognized in Germany if the legal form is fundamentally comparable to the German civil partnership. In this case, this partnership is based on the law of the register state, but has no further effect in Germany than a German civil partnership (special public policy clause, Art. 17b (4 ) EGBGB ). If the legal effect of a civil partnership concluded abroad is less than in Germany, the principle of the weaker law applies due to Art. 17b, Paragraph 1, Clause 1 EGBGB. In order to apply German law, however, there is the possibility of establishing a civil partnership at a registry location in Germany (Art. 17b, Paragraph 3 EGBGB).

The certificate of a foreign partnership may need to be translated and legalized . It is a matter of dispute whether a same-sex marriage concluded abroad is void in Germany, valid as a marriage or converted into a civil partnership. The Bundesfinanzhof has gone out in a ruling that a marriage between two Dutch women in Germany is to be regarded as a civil partnership. The Berlin Administrative Court has decided that a marriage between two men entered into in Canada must be entered in the population register as a civil partnership.

Legal distinction from marriage

In Germany, the registered civil partnership has the same legal consequences as a marriage in many areas, even though it is not legally regarded as identical to a marriage. In a few areas of the law, however, there are sometimes serious differences.

Constitutional law

The registered civil partnership does not fall within the scope of protection of marriage under Article 6 Paragraph 1 of the Basic Law. This is justified by the fact that marriage can only be concluded with a partner of the opposite sex, since it is an inherent characteristic of the partners being of the opposite sex. It does not follow from this that the civil partnership must differ in its legal consequences from marriage; it is only stated that there is no constitutional right to a civil partnership or its specific form, but that this right is granted by the legislature and can also be revoked by the latter. In literature and literature, there is so far only one judgment that sees marriage as not defined by man and woman on a simple legal level. The registry office had made a judgment that the definition of marriage laid down by the Basic Law was not laid down by simple law, but this view was corrected in the next instance . The concept of marriage should therefore be interpreted in accordance with the constitution to the effect that the right to marry is also open to same-sex couples.

With a unanimous judgment of February 18, 2013, the Federal Constitutional Court then established in its guiding principles that registered civil partners who live with the biological or adopted child of a civil partner have a family protected by Article 6 (1) of the Basic Law form within the meaning of the Basic Law.

Professional care

An adjustment is still missing in only a few pension schemes for professional care . Most pension funds have adjusted the survivors' pension to the registered civil partnership.

Overview of completed amendments to the statutes of selected professional pension institutions
BW BY BE BB HB HH HE MV NI NW RP SL SN ST SH TH
Profession North Rhine Westphalian lip Koblenz trier Rh.He. Pf.
doctors full full full full full full full full full full full full full ➝ BY full full full full full
pharmacist ➝ BY full full ➝ BE ➝ W.Li. ➝ NI full full full ? full ➝ BY ➝ BY full ➝ NI full ➝ SN
Architects full full full ➝ BE ➝ NW ➝ BW ➝ NW ➝ SN ➝ BY full ➝ BY ➝ NW full ➝ SN ➝ BW ➝ SN
Engineers ? full ➝ BY ➝ BY full ➝ BY ➝ BY ➝ BY ➝ BY
Notaries - ➝ SN full ➝ SN full i.Ad. ➝ BY i.Gen. ➝ SN ➝ SN
Psychotherapists ➝ NW full ➝ NW ➝ NI ➝ NI ➝ NI ➝ NW full full ➝ NI ➝ BY ➝ NW ➝ NW full ➝ NW
Lawyers full full full full full full full full full full full full full
tax consultant full ➝ RAe full full full full full i.Gen. full - ➝ NW
Veterinarians ➝ Doctors ➝ Doctors ➝ MV ➝ MV ➝ NI ➝ NI full full full full full ➝ BY ➝ BY ➝ Doctors ➝ TH ➝ NI -
Auditors ➝ NW full ➝ NW i.Gen. ➝ NW
dentists ➝ Doctors ➝ Doctors full ➝ BE ➝ BE full full full full full ➝ BY ➝ Doctors full full full

Others

In addition to the divergent current area of ​​law that is most important for same-sex partnered couples, the joint simultaneous adoption right for non-biological children, there are further differences:

Origin and subsequent changes to the law

History and starting position

This was preceded by the reform of the decriminalization of homosexuality ( § 175 , reformed in 1969 (impunity for males under 18 and over 21) and 1973 (impunity for males under 18 and over 18), 1994 in the course of the all-German Association revoked.) Loan agreements and gifts between same-sex partners who had a sexual relationship with each other were still considered immoral in 1982 in the first instance before the Worms District Court, but this was repealed in the second instance. Same-sex coexistence was also considered immoral, some couples chose - among other things, to give the coexistence a legally valid title - the path of adoption . It was not until 1984 that the Federal Court of Justice ruled on tenancy law that “a general view that unmarried people of the same or different sexes would be morally offensive for two in a marriage-like community can no longer be established today.” He also expressly stated that this in Article 2, para. 1 of the constitution standing moral law of time is subjected to the views. In 1988 the Hamburg Higher Regional Court found in the context of an examination whether a father could withdraw his homosexual son's compulsory portion under inheritance law , that “a large number of people live in our society who lead a socially acceptable life regardless of their homosexuality”, and confirmed that living together in a long-term same-sex relationship does not justify a “dishonorable and immoral lifestyle”. At a hearing in the Bundestag about marriage-like communities in 1988, the chairwoman declared right at the beginning that one only wanted to discuss the problems of heterosexual communities, since the inclusion of same-sex partnerships would only lead to a failure of the project.

While the cooperation between the various gay associations in Germany broke up at the end of the eighties / beginning of the nineties due to different drafts (see Lifestyle Policy ), demands for legal protection for same-sex partnerships became louder after more and more European countries - especially Denmark in 1989 - corresponding laws had issued. Through the law in Denmark, the German mainstream media began to deal with this issue and to initiate a general public discussion. The German MP Volker Beck (Alliance 90 / The Greens) launched after leaving the Federal Association of homosexuality (BVH) and change to the Lesbian and Gay Federation in Germany (LSVD) with some colleagues mainly from the Federal Association gay politics in the early nineties, an initiative that Make civil marriage possible for homosexuals. This initiative was only gradually gaining support from the lesbian and gay political movement . After a lawsuit filed with Aktion Standesamt in 1992, the Federal Constitutional Court dismissed a constitutional complaint against the de facto marriage ban in October 1993. It was not until the change of government in 1998 that there was a chance of parliamentary implementation of the Greens' bills.

Adoption of the Law on Civil Partnerships

First same-sex marriage in Québec

The law was passed in November 2000 by the Bundestag with the votes of the SPD and Bündnis 90 / Die Grünen against the votes of the CDU / CSU parliamentary group and FDP and came into force on August 1, 2001. With the civil partnership , same-sex partnerships in Germany were legally recognized for the first time - apart from the Hamburg marriage (which, however, had only minor legal effects and this was limited to Hamburg).

The regulations contained in the law are less extensive than the original draft law initially envisaged. In particular, there are no civil service and tax regulations. This is because the original draft law contained, in addition to its core, a very extensive and detailed set of amendments to other laws, which were linked to form a comprehensive package ( junktim ). Because of the resistance in the Federal Council , it was split into two parts, one of which did not require the approval of the Federal Council and was passed as a law (LPartG). That was the bigger part. The other part ( Life Partnership Law Amendment Act, (LPartGErgG)) remained subject to approval, but was not approved by the Bundesrat due to opposition from the CDU / CSU- governed states.

Following the decision of the Bundestag for the Life Partnership Act in 2001, the states of Bavaria, Saxony and Thuringia initiated an abstract judicial review procedure at the Federal Constitutional Court . It should be stated that the LPartG is unconstitutional and null and void because

  • the splitting up of a legislative package in the current legislative process is inadmissible and violates the Federal Council's rights of participation and
  • materially, the protection of marriage and family required under Art. 6 of the Basic Law is contrary to the LPartG, because this protection contains an immanent distance requirement from other legal institutions and ultimately makes them inadmissible.

The Federal Constitutional Court ruled in the negative on all points in a judgment of July 17, 2002 ( BVerfGE 105, 313).

Changes due to the law on the revision of civil partnership law

In the 15th electoral term of the Bundestag, this part was introduced again and almost verbatim by the FDP, which had rejected it in the Bundestag in 2000 (Life Partnership Law Amendment Act, BT-Drs. 15/2477 ), but by the parliamentary groups of the SPD and Bündnis 90 / Die Grünen postponed because the law had not been adapted to the legal developments that had already taken place.

At the initiative of the GRÜNEN and its first parliamentary manager Volker Beck , a law was finally presented in the summer of 2004. On October 29, 2004, with the votes of the SPD, Greens and FDP , the Bundestag passed the law on the revision of civil partnership law , which amended and expanded the civil partnership law and other laws. This law did not require the approval of the Federal Council and came into force on January 1, 2005.

The regulations in detail:

  • Life partners live - like spouses - in the property regime of the community of gains if they do not agree otherwise.
  • In maintenance law after separation, there is largely equal treatment (including pension equalization ).
  • In addition, an engagement was introduced. Life partners as spouses with legal effect is now engaged .
  • Furthermore, the law regulates that step parents can adopt the biological child of their partner ( stepchild adoption ). The general regulations of adoption law apply, according to which the other birth parent must consent to the adoption of the child by the life partner. The responsible government agencies must also check in each individual case whether the stepchild adoption is in the best interests of the child .
  • The regulations of the survivors' pension in the statutory pension insurance now also extend to life partners.
  • An existing civil partnership was explicitly listed as an obstacle to marriage .
  • The “divorce” of a civil partnership follows the same rules that apply to marriage; only with the so-called "hardship clause" (see under divorce ) any children are not taken into account (the law speaks of annulment and not of divorce , but there are also other reasons for annulment that take over certain reasons for annulment of a marriage , so the term does not is unique).

Umstrittenster point in the parliamentary debate was the introduction of stepchild - adoption . This was originally proposed by the SPD-led state of Berlin as part of the Justice Ministers' Conference of the federal and state governments. When the initiative finally found its way into the legislative process, the Bavarian CSU took it as an opportunity to again appeal against the LPartG to the Federal Constitutional Court. A decision by the highest court was not made due to the withdrawal of the application. In July 2009, the Bavarian government withdrew its application for standards control. The chances of success of the application were generally rated as rather low.

The federal state of Hamburg also problematized the introduction of the engagement before entering into a civil partnership as an obstacle to criminal prosecution (keyword: right to refuse to testify ).

In the coalition agreement of the red-green coalition, which stipulated the project until 2006, a new law supplementing civil partnerships was announced, which would have affected the areas requiring approval (tax law, civil service law, etc.). However, due to the early elections in September 2005, this project was no longer implemented. The approval of the Federal Council was considered unlikely anyway.

A decision of the Federal Constitutional Court from 1993 contained an indication that an opening of marriage could be considered if the population showed a change in awareness. The civil partnership could change the legal opinion in the population, so that an opening of marriage to lesbians and gays would then be permissible.

Reception of the law

Reception through whk, LSVD and lesbian ring

Many lesbians and gays - such as the lesbian ring , the LSVD or members of the new whk - criticize the imbalance between rights and obligations in the legal consequences of civil partnerships (see: Legal differentiation from marriage ). Some of the critics see the civil partnership based on marriage as another institution of what they consider to be a need for reform in the conception of “ bourgeois sexuality ” or an expression of “ patriarchy ”. Some see this as a distraction from what they believe to be the goal of abolishing the institution of marriage.

Criticism of cooperation

The criticism is expressed that the creation of new norms for gay and lesbian ways of life counteracts the goal of equal treatment of all forms of life, for example also polyamorous families (see life form policy ) . These organizations, which were critical of the concept of civil partnership, were not invited by the federal government to negotiate the Civil Partnership Act, unlike the LSVD, which advocated the Civil Partnership Act .

Reception of the German Volkskirchen

The leadership of the Roman Catholic Church in Rome rejects the civil partnership. Pope John Paul II called on all Catholic parliamentarians to reject the legal recognition of civil partnerships. Benedict XVI. continued this policy after the death of John Paul II. In contrast, the chairman of the German Bishops' Conference , Robert Zollitsch , agrees with the corresponding state regulations on civil partnerships, insofar as they do not represent equality with marriage . In contrast to his predecessors, Pope Francis has no objections to a civil partnership law as long as there is no approximation of marriage.

In May 2015 the German Bishops' Conference repealed the "Declaration on the incompatibility of civil partners according to the Civil Partnership Act" of June 24, 2002. With the new version of the church labor regulations in 2015 , entering into a registered civil partnership with a same-sex partner is no longer an automatic reason for termination; it still represents a breach of loyalty, but should only be punished in exceptional cases, analogous to remarriage.

In contrast to the Catholic church leadership, the EKD church leadership in Germany, after intensive, long-term discussions, almost uniformly approves the civil partnership among all Protestant bishops. In 2000, for example, the EKD bishops' policy paper “Strengthening responsibility and reliability” was issued, according to which civil partnerships between same-sex couples should be supported and these should not represent sinful relationships. Civil partnerships between same-sex couples are to be supported, as they can be places of probation and practice of human support for those involved. The EKD regards the consolidation of communities of responsibility, even in same-sex partnerships, as a positive aspect from the perspective of Protestant faith and ethics.

Similar to the Protestant Church, the 53rd Synod of the Catholic Diocese of Old Catholics in Germany in 1997 expressed itself in the following way: “The Synod states that same-sex loving women and men are integrated in many of our congregations. The Synod asks the congregations to continue to strive for a climate of acceptance, openness and tolerance towards homosexual loving and living people. ”In the congregations of the Old Catholics, civil partnerships are blessed.

Reception by constitutional lawyers

Up until a judgment by the Federal Constitutional Court on July 17, 2002, it was disputed whether the civil partnership was constitutional and whether there had to be a legal difference between marriage and civil partnership ( distance requirement ). Contrary to the general opinion of the CDU at the time, large parts of the FDP (so expressed in Bundestag debates) and the SPD-led Rhineland-Palatinate Ministry of the Interior , the Federal Constitutional Court did not recognize any constitutional compulsion for a distance, rather the civil partnership should be equated with marriage, but not better than they are asked. The state is also allowed to regulate unmarried partnerships.

The main reason why the civil partnership could not compete with marriage was given by the Federal Constitutional Court that the two laws refer to different groups of people and that no one can therefore decide whether to enter into a civil partnership or a marriage. The court thus adopted the argumentation of Manfred Bruns , who had been heard as a representative of the LSVD.

Discussions about an enlargement law under the grand coalition

On February 10, 2006, at the request of Bündnis 90 / Die Grünen , the Bundestag discussed the demand for equality in tax law, civil service law and adoption law and a nationwide justification of civil partnerships at the registry office . The application required the federal government to submit a corresponding law to supplement the civil partnership. The left-wing parliamentary group , the FDP and the SPD expressed themselves positively in the subsequent debate with regard to the intention of the application. After the federalism reform , due to Art. 84 GG new version, a federal law regulated responsibility of the registry office is probably no longer possible. The speaker for the CDU / CSU parliamentary group, Ute Granold , CDU, indicated for the first time a possible willingness to change tax and civil service law. However, there is no indication that this is more than an individual opinion. The application was then referred to the specialist committees for further advice. Efforts by the Greens to bring the motion to the second and third readings in plenary were repeatedly brought to failure by the coalition representatives in the committees.

On June 29, 2006, the FDP parliamentary group introduced a bill to the Bundestag to regulate the equality of civil partnerships in the inheritance tax law. In March 2009, the FDP introduced a bill in the Bundestag to allow joint adoption by partnered couples. On November 17, 2006, Bündnis 90 / Die Grünen introduced a more extensive, comprehensive draft. Likewise, the Linkspartei.PDS brought a comprehensive draft on the equality of civil partnerships to the Bundestag on April 27, 2007.

In the new basic program, the CDU recognizes that "values ​​that are fundamental to our society" are also lived in same-sex partnerships. The decision to live in such partnerships and the introduction of the registered civil partnership is accepted. Equality with marriage, however, is rejected, as is the right of adoption for homosexual couples. It is emphasized that in the case of childless marriages one wants to stick to the splitting of spouses. In these cases too, marriage is under special protection, the reason being: "Even in marriages that have no children, men and women permanently assume responsibility for each other."

Likewise, the CSU's new basic program will recognize homosexual civil partnerships for the first time from 2007. The form of this recognition was not shown in detail; However, the granting of these unspecified rights was made dependent on people in these partnerships standing up for one another and reliably assuming responsibility and care for one another. Marriage remains the guiding principle for the CSU in society, and the CSU does not want equality with marriage.

In its new party principle program of October 2007, the SPD also acknowledges the general recognition of civil partnerships: “We base our family image on social reality. We don't want to prescribe a life model for people. Most people want marriage, we protect it. At the same time, we support other common life paths, illegitimate partnerships, same-sex partnerships, single parents. Single mothers and fathers need our special support. Family is where there are children and where partners or generations stand for one another. "

The improvement in the recognition of same-sex partnerships in the party programs by the CDU and CSU as well as the confirmation of the recognition of the SPD hardly found any equivalent at the federal level at the time of the grand coalition. Equality was often refused by the CDU / SPD government when it came to detailed questions as well: this was the case with the question of official responsibility for partnering, with the seizure protection of old-age provision or with the new regulation of the federal civil service reform in the Bundestag. Only in the passed reform of the inheritance tax was the inheritance tax allowance adjusted to the same amount (500,000 euros) as for spouses; This improvement in the legal situation went hand in hand with a significant increase in tax rates for amounts above the exemption. Most of the inheritances were thus effectively tax-free; in the case of larger inheritances, however, the unequal treatment between spouses and civil partners is increased due to the greater difference in tax rates compared to the previous status. Furthermore, civil partnerships in the area of income tax were put on an equal footing with the deduction of special expenses for health and long-term care insurance contributions under the Citizens Relief Act in June 2009.

Developments from 2009 to 2013: CDU / CSU / FDP federal government

On October 22, 2009, the Federal Constitutional Court published a ruling of July 7, 2009, which declared the discrimination against registered civil partnerships in the case of company pensions in the public service according to the statutes of the Federal and State Pension Fund (VBL) to be unconstitutional and revoked a judgment of the Federal Court of Justice ( Ref .: 1 BvR 1164/07).

In the coalition agreement of October 26, 2009 between the CDU, CSU and FDP for the 17th legislative period of the German Bundestag, the governing parties undertake: "We will [...] reduce unfair discrimination in tax law and, in particular, implement the decisions of the Federal Constitutional Court on equality between civil partners and spouses ".

On November 26, 2009, the Scientific Service of the German Bundestag published an analysis of the decision of the Federal Constitutional Court of July 7, 2009. Accordingly, the equality of registered partners with spouses is constitutionally required in all areas.

In 2010, the CDU / CSU / FDP government coalition provided for the equality of life partners in the BaföG in the Annual Tax Act 2010, the equality of life partners in inheritance and gift tax in terms of tax rates as well as the exemption of life partners in real estate transfer tax. The changes are contained in the Annual Tax Act 2010 of December 8, 2010.

On October 28, 2010, the ruling coalition rejected equal opportunities for life partners in income tax.

Furthermore, the CDU / CSU / FDP government passed a law to transfer marriage-related regulations in public service law to civil partnerships . The law was promulgated in November 2011.

In April 2011, an initiative by Hamburg and Berlin to equate homosexual partnerships in income tax and adoption law was again prevented by the CDU / CSU- governed federal states. In June 2011, an initiative by the state of North Rhine-Westphalia by the SPD and Bündnis 90 / Die Grünen for the equality of registered partnerships in income tax law was again prevented by the CDU / CSU- governed federal states. In March 2012, partnered couples were effectively equalized in income tax by the state tax authorities due to several judgments by tax courts in the various federal states.

On February 18, 2013, the Federal Constitutional Court strengthens the right to adopt same-sex civil partnerships. According to his judgment, the prohibition of successive adoption for same-sex partnerships is not constitutional.

On June 6, 2013, the Federal Constitutional Court declared the unequal treatment of civil partnerships and marriages in tax law, in particular the non-granting of spouse splitting for civil partnerships, to be unconstitutional. The court saw no “weighty substantive reasons for unequal treatment”; The new legal situation must be applied to all tax cases that have not yet been assessed as final. On June 27, 2013, the Bundestag passed the law amending the Income Tax Act in implementation of the decision of the Federal Constitutional Court of May 7, 2013.

Developments from 2013: CDU / CSU / SPD government

In the coalition agreement of the 18th electoral term of December 16, 2013, the CDU, CSU and SPD agreed to end existing discrimination against same-sex partnerships and against people based on their sexual identity in all areas of society.

On June 27, 2014, the law implementing the decision of the Federal Constitutional Court on successive adoption by life partners came into force.

On July 24, 2014, the law to adapt tax regulations to the case law of the Federal Constitutional Court came into force.

On July 10, 2015, the governing coalition of the CDU / CSU and SPD passed the law in the Federal Council to amend the rights of civil partners . On September 24, 2015, the law to adjust the law of civil partners was discussed in the first reading in the Bundestag. On October 15, 2015, the law to adjust the law of civil partnerships was passed in the second and third readings in the Bundestag.

After the CDU party had already included and accepted the civil partnership institute in its basic program in 2007, the Bavarian CSU adopted the endorsement and acceptance of the civil partnership institute in its basic program "Order" in 2016.

statistics

The marital status “registered civil partnership” has been queried in the microcensus since 2006.

The marital status of "same-sex married couple in the same household" can be shown since the 2018 microcensus. The question about civil partnerships in the household has been mandatory since the 2017 microcensus (this includes information on same-sex partners in the household). Up until the 2016 microcensus, information about the partner in the household was voluntary - information about same-sex partnerships can therefore be interpreted as the lower limit until 2016.

Development of same-sex unions
year Same-sex
couples
(total)
including:

same-sex

Married couples

including:

registered
civil partnerships

2005 60,000 - -
2006 62,000 - 12,000
2007 68,000 - 15,000
2008 70,000 - 19,000
2009 63,000 - 19,000
2010 63,000 - 23,000
2011 64,000 - 26,000
2012 70,000 - 30,000
2013 78,000 - 35,000
2014 87,000 - 41,000
2015 94,000 - 43,000
2016 95,000 - 44,000
2017 112,000 - 53,000
2018 130,000 37,000 38,000

According to the 2011 census surveys, there were almost 34,000 registered civil partnerships in Germany on May 9, 2011 . These statistics will be continuously updated in the future. This is made possible by the revision of the Population Statistics Act , which for the first time provides for statistical surveys on civil partnerships.

According to the figures collected, more male than female couples enter into registered civil partnerships. A Berlin registrar is of the opinion that women would not need the legal framework that much. The LSVD, on the other hand, is of the opinion that women judge the legal situation more critically and therefore hold back. In any case, there are no statistics from which one could infer that the number of lesbians (whether they have a partner or not) is the same as that of gays within the German population; in this respect, conclusions about the probability that a male or female couple will become a partner are not possible.

Registered civil partnerships in Berlin 2001–2008
gender LP Dissolved Resolved in%
Men 2513 under 6
Women 1015 over 4
total 3528 191 5.4

The statistics of Berlin in 2008 show that there was a slight lull there in 2003/2004, but since then an average of 500 couples have established a civil partnership. The difference between the sexes is reduced. In 2001 every fifth partnership was established by women, in 2005 it was every third partnership. Tempelhof-Schöneberg (655) leads by districts , followed by Charlottenburg-Wilmersdorf (627) and the bottom of the list are Marzahn-Hellersdorf (85) and Spandau (83). The dissolution numbers cannot be compared with those of heterosexual partnerships, as the civil partnership has only existed since 2001.

See also

Review article

Forms of legally recognized partnerships

Laws in other countries

literature

Web links

Individual evidence

  1. 2011 census
  2. ^ State & Society - Population - 94,000 couples live in a same-sex community. Federal Statistical Office (Destatis), accessed on July 13, 2017 .
  3. Law on the introduction of the right to marry for persons of the same sex of July 20, 2017 ( Federal Law Gazette 2017 I p. 2787 , PDF)
  4. Conversion of civil partnerships into marriages website of the LSVD , accessed on November 28, 2018
  5. a b Heldrich in Palandt Art. 17b EG marg. 2
  6. BT-Drs. 14/3751 p. 60
  7. ^ Registry Office I in Berlin
  8. Law for the implementation of the Civil Partnership Act (AGLPartG) of July 7, 2009, GVBl p. 261
  9. After this provision has been repealed as part of the federalism reform , the definition of a standard responsibility no longer requires approval.
  10. Overview of former jurisdiction laws ( Memento of March 26, 2013 in the Internet Archive ) on the LSVD website
  11. Law to repeal the Thuringian Implementation Act on the Life Partnership Act of December 20, 2010, Law and Ordinance Gazette for the Free State of Thuringia, p. 538
  12. Law to repeal the law for the implementation of the Civil Partnership Act of December 13, 2011 ( Memento of the original of July 8, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Law Gazette for Baden-Württemberg, p. 550 @1@ 2Template: Webachiv / IABot / www.landesrecht-bw.de
  13. LSVD: The Life Partnership - Part 1 ( Memento of the original from October 21, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  14. ^ Decision of the BVG of May 7, 2013
  15. cf. the pending constitutional complaint under Az. 2 BvR 909/06.
  16. Section 13 of the 5th Asset Creation Act (VermGB).
  17. dejure.org
  18. dejure.org
  19. dejure.org
  20. dejure.org
  21. dejure.org
  22. Summary in BT-Drs. 17/811 (PDF; 104 kB): Az. 2 BvR 909/06, 2 BvR 1981/06 and 2 BvR 288/07
  23. a b stern.de:Schäuble remains hard on spouse splitting for gay couples  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.stern.de  
  24. Queer.de: Equality in tax law actually achieved
  25. LSVD: Schäuble gives halfway
  26. taz.de: Equality in a roundabout way
  27. Queer.de: Doubts about own jurisdiction, Federal Fiscal Court grants civil partners temporary spouse splitting
  28. BT-Drs. 16/10432 , answer of the Federal Government of September 29, 2008: Status of the legal equality of homosexual partnerships
  29. Section 10, Paragraph 1, No. 3 of the draft of a Citizens Relief Act for Health Insurance (PDF; 723 kB), which has not entered into force
  30. Text and amendments to the Citizens Relief Act on Health Insurance , deviating from the first draft, the legal text no longer expressly contains life partners , but only in the reason for deleting this passage in the committee recommendation on p. 43 (PDF)
  31. BVerfG: Discrimination of homosexual partners compared to married couples in inheritance tax is unconstitutional - Federal Constitutional Court, decision of July 21, 2010, 1 BvR 611/07/1 BvR 2464/07, free-urteile.de
  32. Bundestag: Numerous changes to tax laws planned ( Memento of the original from April 28, 2012 on WebCite ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bundestag.de
  33. Equal opportunities for life partners in church tax law ( memento of the original from April 7, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.02elf.net
  34. Constitutionality of the existing unequal treatment of registered civil partnerships compared to marriages, BT-Drs. 17/8248 (PDF; 549 kB)
  35. a b Press Release No. 9/2013 of February 19, 2013 (judgment of February 19, 2013 on 1 BvL 1/11 and 1 BvR 3247/09): Non-admission of successive adoption by registered life partners is unconstitutional. Federal Constitutional Court Press Office, February 19, 2013, accessed on February 19, 2013 .
  36. Karlsruhe must consider joint adoption by gay couples. In: Legal Tribune Online. March 21, 2013, accessed January 15, 2014 .
  37. Rights of homosexuals: the court grants guardianship to foster mothers. Spiegel online from August 5, 2016
  38. Zeit: Judges Strengthen Homosexual Partnerships
  39. ^ Judgment of April 29, 2004, 6 AZR 101/03
  40. § 29 TVöD
  41. Federal Labor Court of January 14, 2009, 3 AZR 20/07
  42. BVerfG: Unequal treatment of marriage and registered civil partnership in the area of ​​company survivor's pension (VBL) is unconstitutional
  43. BVerfG, decision of December 11, 2019, AZ 1 BvR 3087/14
  44. see Section 40 (1) BBesG.
  45. ^ A b LSVD: Fast Progress for Lesbians and Gays in Baden-Württemberg
  46. tagblatt.de: Homosexual officials will be treated equally in the future ( Memento from September 24, 2015 in the Internet Archive )
  47. Süddeutsche: More rights for homosexual officials in Bavaria
  48. Queer.de: Brandenburg equals
  49. Queer.de: NRW: Equal Opportunities in early 2011
  50. a b SWR: Equality for civil partnerships
  51. ^ A b Frankfurter Rundschau: Country approves homosexual claims
  52. a b Landesregierung Schleswig-Holstein: Equal to marriage ( memento of the original from March 6, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.schleswig-holstein.de
  53. Law on the reorganization of service, salary and supply law in the Free State of Saxony (Sächsisches Dienstrechtsneuordnungsgesetz) of December 18, 2013 (SächsGVBl. P. 970), announcement of the Saxon State Parliament on the conclusion of a mass petition from January 8, 2014 (Saxon Official Gazette P. 383)
  54. a b State government of Saxony-Anhalt: Press release, March 2, 2010 ( Memento of the original of March 6, 2010 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.asp.sachsen-anhalt.de
  55. LSVD: Reform projects in Thuringia ( Memento of the original from April 8, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  56. ECJ, file number C-267/06 , accessed on April 1, 2008.
  57. Beck Verlag: ECJ: Same-sex life partner can be entitled to a widower's pension from the occupational pension system from April 1, 2008.
  58. Queer.de: Widow's pension also for gays
  59. Zeit: Widower's Pension: EU judges strengthen homosexual partners
  60. https://www.tagesspiegel.de/politik/witwerrente-eu-richter-staerken-homosexuellen-partner/1201514.html
  61. Decision of the BVerfG of May 6, 2008 - 2 BvR 1830/06
  62. a b Documentation of the legislative process in the DIP
  63. ^ Frankfurter Rundschau: Money for homosexual officials
  64. Sueddeutsche: Equal money for gay couples
  65. Hamburger Abendblatt: Rights of homosexual officials are being strengthened
  66. Welt: Federal Supreme Court strengthens rights to care for homosexual officials
  67. Federal Ministry of the Interior: to make the payments on the basis of the circular as soon as possible
  68. Zeit: Public service equates homosexual partnerships with marriage
  69. BVerfG: Unequal treatment of registered civil partnerships and marriage in the family allowance under civil service law is unconstitutional
  70. Article 3 (in particular no. 4 and 5) of the law on the revision of civil partnership law of December 15, 2004, Federal Law Gazette I, pp. 3396, 3399
  71. BVerfG, 1 BvR 1164/07 of July 7, 2009. Federal Constitutional Court, accessed on October 26, 2009 .
  72. Queer.de: Coalition agreement promises a “new, tolerant” Baden-Württemberg
  73. Rot-Rot puts civil partnerships on an equal footing with marriage ( memento of the original from February 12, 2009 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.die-linke-berlin.de
  74. ^ SPD Brandenburg: Legal framework for a modern family policy
  75. Märkische Allgemeine: Registered civil partnerships should be put on an equal footing with marriage in Brandenburg ( Memento from May 25, 2011 in the Internet Archive )
  76. Queer.de: Brandenburg and Hamburg are equal
  77. Queer.de: Meck-Pomm: Secret equality between gay and lesbian officials
  78. Radio Bremen: Lower Saxony wants to equate civil partnerships  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.radiobremen.de  
  79. Queer.de: North Rhine-Westphalia equality from the beginning of 2011
  80. Queer.de: Saarland: Landtag unanimously resolves equality
  81. Tagesschau: More justice after the divorce ( Memento from March 10, 2009 in the Internet Archive )
  82. queer.de : Federal government adapts law on freedom of movement
  83. Although only second devices of a spouse are exempted according to the wording of § 5 Paragraph 1 Clause 1 No. 1 of the State Treaty on Broadcasting Fees, the Federal Administrative Court extended the exemption to second devices of the partner in a landmark judgment of April 29, 2009, 6 C 33.08; LSVD: Equal treatment of civil partners and spouses with regard to the license fee ( memento of the original dated August 9, 2009 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  84. German Bundestag : Draft of a twenty-third law to amend the Federal Training Assistance Act (23rd BAföGÄndG) (PDF; 998 kB). Retrieved May 1, 2010.
  85. ^ Sueddeutsche: Coalition for gay doctors
  86. § 15 of the tax code
  87. The consul no longer carries out marriages either, Art. 2 Para. 7 Civil Status Reform Act
  88. Canadian marriage between men is to be entered in the register as a "civil partnership" - judgment of the VG Berlin from June 15, 2010, Az. VG 23 A 242.08
  89. BVerfG, judgment of July 17, 2002 - 1 BvF 1/01 -
  90. ^ AG Frankfurt a. M., Az. 40 UR III E 166/92
  91. The right to get married for same-sex partners (PDF; 215 kB), Kritische Justiz , 27/1994, p. 106; NJW 1993, 940.
  92. BVerfG, guidelines on the judgment of the First Senate of February 19, 2013
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  94. Overview of professional pension institutions: Arbeitsgemeinschaft berufsständischer pensioneinrichtungen e. V. (ABV)
  95. Baden-Württemberg Supply Institution for Doctors, Dentists and Veterinarians: Articles of Association ( Memento of the original of October 26, 2010 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bwva.de
  96. Bayerische Ärzteversorgung: Navigation: Statute amendments
  97. ^ Berlin medical care
  98. ^ Medical supply for the state of Brandenburg: statutes
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  100. Pension fund of the Hamburg Medical Association ( Memento of the original from January 11, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.vw-aek-hh.de
  101. Pension Fund of the State Medical Association of Hesse (PDF; 216 kB)
  102. Medical supply Mecklenburg-Western Pomerania: Survivors' pension ( Memento of the original from January 19, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aevm.de
  103. Doctors Supply Lower Saxony: Doctors Supply Current 2011 Lower Saxony ( Memento of the original from February 6, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 727 kB) Amendment to the statutes entered into force on January 1, 2011 @1@ 2Template: Webachiv / IABot / www.aevn.de
  104. North Rhine Medical Supply: Statutes
  105. Rheinisches Ärzteblatt: Announcement of the approved amendment to the statutes ( Memento of the original dated February 6, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 68 kB) @1@ 2Template: Webachiv / IABot / www.aekno.de
  106. Ärzteversorgung Westfalen-Lippe ( Memento of the original from March 7, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aevwl.de
  107. ^ Pension facility of the Koblenz District Medical Association: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  108. ^ Pension facility of the Trier District Medical Association: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  109. ^ Pension facility of the Saarland Medical Association: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  110. Sächsische Ärzteversorgung ( Memento of the original dated December 21, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.saev.de
  111. Doctors Supply Saxony-Anhalt ( Memento of the original from April 2, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 2.0 MB) @1@ 2Template: Webachiv / IABot / www.aevs.de
  112. ^ Pension facility of the Schleswig-Holstein Medical Association (PDF; 113 kB)
  113. ^ Articles of Association of the Thuringian Medical Supply ( Memento of the original from March 17th, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.laek-thueringen.de
  114. Bavarian Pharmacy Supply: Brief Info 2011 Amendment to the statutes on January 1, 2011 came into force
  115. Pharmacy Supply Berlin: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  116. ^ Pension fund of the Hessen State Chamber of Pharmacists
  117. Pharmacy supply Mecklenburg-Western Pomerania
  118. Apothekerversorgung Niedersachsen: New regulation of the statutes with entry into force on January 1st, 2010 ( Memento of the original of January 18th, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.apvn.de
  119. ^ Pension fund of the North Rhine Chamber of Pharmacists
  120. Pension fund of the Pharmacists' Chamber of Westphalia-Lippe: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  121. Saxon-Thuringian pharmacy supply: News since January 1, 2011 (below, section amendments to the statutes)
  122. ^ Pharmacy supply Schleswig-Holstein: Pharmacy supply Schleswig-Holstein
  123. Pension fund of the Baden-Württemberg Chamber of Architects ( Memento of the original from February 15, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 196 kB) @1@ 2Template: Webachiv / IABot / www.vwda.de
  124. ^ Bavarian architect supply
  125. Pension fund of the Berlin Chamber of Architects: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  126. ^ Pension fund of the NRW Chamber of Architects Statutes In force since May 1, 2011
  127. Pension fund of the Chamber of Architects in Saxony ( Memento of the original from December 20, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aksachsen.org
  128. a b Bavarian engineering supply building with psychotherapist supply
  129. Pension fund of the Lower Saxony Chamber of Engineers  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Articles of Association, as of August 25, 2011, entered into force on January 1, 2012@1@ 2Template: Toter Link / www.ingenieurversorgung-niedersachsen.de  
  130. ^ Notarkasse AdöR, Munich
  131. ^ LSVD: Notarversorgungswerk Hamburg
  132. ^ Law on the Cologne notary pension scheme
  133. North Rhine-Westphalia: Law to adapt the state law to the life partnership law of the federal government (Life Partnership Adjustment Act - LPartAnpG) ( Memento of the original of September 21, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , Part 1, Art. 21 @1@ 2Template: Webachiv / IABot / www.bezreg-muenster.nrw.de
  134. ^ State law on the Koblenz notary pension fund (NVKG) , as amended on October 20, 2010, came into force on January 1, 2011
  135. LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  136. Länderotarkasse AdöR, Leipzig: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  137. LSVD: Lower Saxony Psychotherapists Pension Fund
  138. Pension fund of the Chamber of Psychotherapists North Rhine-Westphalia  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / ptv-nrw.stbv-nrw.de  
  139. ^ LSVD: Pension Fund of the Chamber of Psychotherapists Schleswig-Holstein
  140. ^ Pension fund of lawyers in Baden-Württemberg statutes  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 36 kB) came into force on January 1, 2011@1@ 2Template: Toter Link / www.vw-ra.de  
  141. Bavarian lawyers and tax consultants supply: statutes
  142. Pension fund of lawyers in Berlin ( Memento of the original from January 13, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 128 kB) @1@ 2Template: Webachiv / IABot / www.b-rav.de
  143. ^ Pension scheme for lawyers in Brandenburg
  144. Hanseatische Rechtsanwaltsversorgung Bremen ( Memento of the original from April 2, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. §§ 12a, 16 @1@ 2Template: Webachiv / IABot / www.hrav.de
  145. Statutes of the pension scheme for lawyers in the Free and Hanseatic City of Hamburg ( Memento of the original from January 11, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 71 kB) @1@ 2Template: Webachiv / IABot / www.vw-ra-hh.de
  146. ^ Pension fund for lawyers in the state of Hesse ( Memento of the original from January 19, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.vw-ra-hessen.de
  147. Law on the Lower Saxony Pension Fund for Lawyers , as amended on October 7, 2010
  148. Lower Saxony Pension Fund for Lawyers ( Memento of the original from November 21, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed March 29, 2011 @1@ 2Template: Webachiv / IABot / www.rvn.de
  149. ^ Pension fund of lawyers in North Rhine-Westphalia ( Memento of the original from July 11, 2009 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.vsw-ra-nw.de
  150. Pension fund of the Rhineland-Palatinate Bar Association  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.versorgungswerk-rlp.de  
  151. ^ Pension fund of the Saarland Bar Association
  152. Sächsisches Rechtsanwaltsvorsorgungswerk ( Memento of the original from January 2, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Came into force on April 1, 2011 @1@ 2Template: Webachiv / IABot / www.srv.de
  153. ^ Pension fund of lawyers in Saxony-Anhalt (PDF; 177 kB)
  154. ^ Pension scheme for tax consultants in Baden-Württemberg
  155. ^ Pension scheme for tax consultants and tax agents in the state of Brandenburg
  156. Pension fund of tax consultants in Hessen statutes  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.vstbh.de  
  157. Tax consultant supply Lower Saxony tax consultant supply Lower Saxony ( Memento of the original from February 6, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Survivor's pension @1@ 2Template: Webachiv / IABot / www.stbvn.de
  158. Pension fund of tax consultants in the state of North Rhine-Westphalia ( Memento of the original from January 29, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.stbv-nrw.de
  159. Pension fund of tax consultants in the state of North Rhine-Westphalia: amendment of the statutes July 10, 2010 ( memento of the original from January 29, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , came into force on January 1, 2011 @1@ 2Template: Webachiv / IABot / www.stbv-nrw.de
  160. Pension fund for tax consultants in Rhineland-Palatinate ( Memento of the original from October 17, 2008 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.stbv-rlp.de
  161. Pension fund for tax consultants and tax agents in the Free State of Saxony ( Memento of the original from January 18, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 83 kB) @1@ 2Template: Webachiv / IABot / www.stbvw-sachsen.de
  162. Saxony-Anhalt tax advisor supply plant statutes
  163. Pension fund of the State Veterinary Association of Hessen  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.ltk-hessen.de  
  164. ^ Pension fund of the state veterinary association Mecklenburg-Western Pomerania: legal basis
  165. Tierärzteversorgung Niedersachsen: Amendment to the statutes of November 3, 2010 ( Memento of the original from March 6, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 774 kB) @1@ 2Template: Webachiv / IABot / www.tivn.de
  166. Pension fund of the North Rhine Veterinary Association  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.tieraerztekammer-nordrhein.de  
  167. Pension fund of the Veterinary Association of Westphalia-Lippe Statutes ( Memento of the original from June 1, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 188 kB) @1@ 2Template: Webachiv / IABot / www.tieraerztekammer-wl.de
  168. Pension fund of the State Veterinary Association of Thuringia (PDF; 344 kB)
  169. Pension fund for auditors and sworn auditors
  170. ^ Pension fund for the auditors and the sworn auditors: Articles of Association
  171. Pension Fund of the Berlin Dental Association ( Memento of the original from November 10, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.vzberlin.org
  172. Pension fund of the Hamburg Dental Association: Pension status  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.zahnaerzte-hh.de  
  173. Pension fund of the Lower Saxony Dental Association: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  174. ^ Pension fund of the North Rhine Dental Association ( Memento of the original from October 18, 2005 in the Internet Archive ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.vzn-nordrhein.de
  175. Pension fund of the Dental Association Westphalia-Lippe ( Memento of the original from November 30, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.vzwl.de
  176. Supply institution at the LZK Rhineland-Palatinate ( Memento of the original from February 26, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 236 kB) @1@ 2Template: Webachiv / IABot / www.varlp.de
  177. Zahnärzteversorgung Sachsen: Articles of Association ( Memento of the original dated February 7, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 90 kB) @1@ 2Template: Webachiv / IABot / www.zahnaerzte-in-sachsen.de
  178. Pension fund of the Dental Association of Saxony-Anhalt: LSVD ( Memento of the original from November 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  179. BGHZ 92, 213, 219
  180. OLG Hamburg, NJW 1988, 977
  181. ^ Maria Sabine Augstein: Marriage and Divorce. Why it is supposedly not possible for lesbians and gays ; Manfred Bruns: The "Action Standesamt" of the SVD and the "Gay Jurists" , both in: [Berlin] Senate Department for Youth and Family - Section for Same-Sex Lifestyles (Ed.): Lesbians. Gay. Partnerships ( Memento of the original from April 15, 2014 in the Internet Archive ) Info: The @1@ 2Template: Webachiv / IABot / www.berlin.de archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 955 kB) , Berlin 1994, in the series: Documents of Lesbian-Gay Emancipation of the Unit for Same-Sex Lifestyles , No. 9
  182. a b BVerfG judgment of July 17, 2002 (online): Judgment of the Federal Constitutional Court on the compatibility of civil partnerships with Art. 6 GG
  183. Federal Constitutional Court: Bavarian State Government withdraws application for a declaration that the law on civil partnership law is unconstitutional
  184. Sueddeutsche: Equality of marriage and gay marriage is getting closer.
  185. action 1to1 from LSVD: Equal rights for life partnerships
  186. whk press release: Registered partnership: gay marriage belongs in the gay museum! June 1, 1999
  187. see the Cologne declaration of the whk
  188. ^ Attitude of the Catholic Church: Considerations on the drafts of a legal recognition of the unions between homosexual persons
  189. Süddeutsche: Cracks in the black block
  190. Interview with Robert Zollitsch in Spiegel from February 18, 2008: It would be a revolution .
  191. Simon Romero, Emily Schall: On Gay Unions, a Pragmatist Before He Was a Pope. New York Times March 20, 2013.
  192. Saarbrücker-Zeitung.de: Working on behalf of the Lord
  193. "Uniformity not mandatory". Interview with Cardinal Woelki on the reform of church labor law (PDF; 45.1 KB)
  194. ↑ The new “basic order” for employees in Catholic institutions brings slight relaxation, but no legal security , press release of the LSVD from May 6, 2015
  195. The EKD's stance: Strengthening reliability and responsibility ( memento of the original dated November 16, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.ekd.de
  196. epd: Westfälischer Praeses Penance against Discrimination against Homosexuals ( Memento of the original from May 27, 2009 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.epd.de
  197. Source: Official Church Gazette No. 2/1997, p. 12 Information on this at: www.altkatholisch.de
  198. http://www.landtag.rlp.de/landtag/drucksachen/742-14.pdf
  199. Bundestag faction Bündnis 90 / DIE GRÜNEN: Equal rights for registered civil partnerships ( Memento of the original from July 15, 2006 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , February 7, 2006 @1@ 2Template: Webachiv / IABot / www.gruene-bundestag.de
  200. FDP parliamentary group: Draft of a law amending the inheritance tax and gift tax law, BT-Drs. 16/2087 , June 29, 2006 (PDF; 96 kB)
  201. Bundestag: Facilitation of adoptions of minors  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.bundestag.de  
  202. Bündnis 90 / Die Grünen: Draft of a law to supplement the Civil Partnership Act, BT-Drs. 16/3423 , November 15, 2006
  203. Linkspartei.PDS: Bill Recognize the Diversity of Lifestyles and Ensure Legal Equal Treatment for Homosexual Couples , BT-Drs. 16/5184 , April 27, 2007 (PDF; 73 kB)
  204. CDU: New basic program
  205. n-tv: Homosexual partnerships - Union rejects equality
  206. Merkur: CSU recognizes civil partnerships in the new basic program ( memento of February 2, 2008 in the Internet Archive ), October 2006
  207. SPD: Hamburg Program - Basic Program of the Social Democratic Party of Germany, p. 37  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.parteitag.spd.de  
  208. lsvd.de ( Memento of the original from March 18, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. : Press review: Union unteachable among life partners , November 30, 2006 @1@ 2Template: Webachiv / IABot / www.typo3.lsvd.de
  209. Queer.de: Bundestag passes reform of civil servants without equality
  210. LSVD: Inheritance Tax Law ( Memento of the original dated February 2, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  211. LSVD: Life partners are equated with health insurance in the Citizens Relief Act ( Memento of the original from June 24, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.lsvd.de
  212. BVerfG: Statutes of the federal and state pension institutions unconstitutional , July 7, 2009.
  213. ^ Coalition agreement of October 26, 2009 between CDU, CSU, FDP for the 17th legislative period; Source: CDU ( Memento of November 22, 2009 in the Internet Archive ) (PDF; 643 kB)
  214. Draft of October 24, 2009 for the coalition agreement between the CDU, CSU, FDP for the 17th legislative period; Source: FDP (PDF; 5.0 MB)
  215. Equal opportunities for registered civil partnerships: On the effects of the decision of the Federal Constitutional Court on survivors' pensions ( Memento of September 16, 2011 in the Internet Archive ) (PDF; 110 kB)
  216. ^ Text and amendments to the Annual Tax Act 2010
  217. Queer.de: Government rejects equality in income tax
  218. Text and amendments to the law on the transfer of marriage-related regulations in public service law to civil partnerships
  219. Queer.de: Federal Council votes against equality (April 18, 2011)
  220. Queer.de: CDU countries prevent equality again (June 20, 2011)
  221. Die Welt: Spouse splitting for the time being also for homosexual couples
  222. BVerfG, 2 BvR 909/06, decision of the Second Senate of May 7, 2013 .
  223. Text and amendments to the law amending the Income Tax Act in implementation of the decision of the Federal Constitutional Court
  224. Shaping Germany's future (PDF file; 1.24 MB). Coalition agreement for the 18th electoral term on the website of the Christian Democratic Union of Germany. Final version of November 27, 2013, accessed on November 28, 2013.
  225. Text and amendments to the law to implement the decision of the Federal Constitutional Court on successive adoption by life partners , ( Federal Law Gazette I p. 786 )
  226. Text and amendments to the law to adapt tax regulations to the case law of the Federal Constitutional Court , ( BGBl. I p. 1042 )
  227. Text and amendments to the law to adjust the law of civil partners
  228. Queer.de: Federal Council for Marriage Opening and Rehabilitation of Section 175 Victims , accessed on July 10, 2015
  229. Queer.de: "Law to clean up the law of life partners", Bundestag debate on gay politics: SPD politician attacks Merkel
  230. ^ Bundestag: Draft of a law to adjust the law of civil partners
  231. VolkerBeck.de: Heiko Maas turns the equality of the civil partnership into a never-ending story
  232. ^ Berliner Zeitung: Party conference in Munich The CSU discovers homosexual partnerships as a PR topic
  233. Same-sex partnerships. In: Destatis. Federal Statistical Office (Destatis), accessed on December 18, 2019 .
  234. a b Same-sex couples (including same-sex married couples and registered civil partnerships), Federal Statistical Office (Destatis), 2018. In www.destatis.de (thematic research: Society and Environment - Population - Households and Families - Document type: table). Access date: December 18, 2019
  235. Press release of the Federal Statistical Office of May 31, 2013
  236. ^ DieStandard.at: Five years of civil partnership in Germany , July 31, 2006
  237. a b 7 years of gay marriage: 3,500 partnerships in Berlin , queer.de, July 31, 2008