Same-sex marriage in Austria
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Same-sex marriage |
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Performed nationwide in |
Netherlands (2001) |
Performed statewide in |
Massachusetts, USA (2004) |
Foreign same-sex marriage recognized in |
Israel (2006) |
Debate in other countries and regions |
Argentina |
See also |
Civil union |
Same-sex marriage is not currently legal in Austria and the government has rejected calls for partner rights to be extended to same-sex couples.
However, on July 5, 2006, Austria saw its first same-sex marriage indirectly, when its constitutional court granted a transsexual woman the right to change her legal gender to female while remaining married to her wife. [1] The court ruled that "changing a sex entry in a birth certificate cannot be hindered by marriage." [2] The court did not release the names of the spouses. Gay activists praised the ruling, saying that it ends "forcible divorce" for married couples in which one of the partners comes out as transsexual. [3]
The government announced it was studying the ruling. The interior ministry is run by the conservative Austrian People's Party that opposes any kind of legal recognition of homosexual partnerships. The chairperson of the parliamentary committee for justice issues, Maria Fekter is a conservative as well. From 2004 until 2007 Karin Gastinger, a former member of the Alliance for the Future of Austria who left the party shortly before the 2006 parliamentary elections has spoken out in favour of civil unions but failed because of the opposition of the conservative coalition partner. Her successor, Maria Berger of the social democratic SPÖ finds herself in a similar situation now. Therefore, any kind of legalisation of civil unions, let alone same-sex marriage is unlikely under the current government although her party is in favor of a registred partnership. The strongest supporters of same-sex unions and gay rights are the Austrian Green Party and the Liberal Forum, both currently in opposition.
A European Union poll surveying up to 30,000 people showed Austrian support for same sex marriage at 49% [1].
[edit] References
- ^ "Austria gets first same-sex marriage." 365gay.com. 5 July 2006. (Retrieved 5 July 2006)
- ^ "Gay marriage, by default." News24.com. 5 July 2006. (Retrieved 5 July 2006)
- ^ "Sex change means Austria gets first gay union." Independent Online. 5 July 2006. (Retrieved 5 July 2006)