Life Partnerships The German Approach © July 14, 2005, Demian “Life Partnerships” were instituted in Germany on November 10, 2000. The German Parliament, the Bundestag, approved a bill establishing registered “Life Partnerships” (Lebenpartnerschaft) for gay and lesbian couples with many of the benefits of legal marriage. It became effective on August 1, 2001. Included in the new law: May take the same surname Share household insurance Hospital visitation Act as the next of kin in key medical decisions Requirement of a court decision for divorce Resident status to foreign partners in binational couples Some parental rights regarding a partners’ biological children Status identical to married couples in tenancy, inheritance (excluding inheritance taxes), pensions, and health insurance Provision for one partner to collect support, after a divorce Pension inheritance It is not clear if the status is available to a non-resident couple. It is likely that it is not, which would be consistent with all other domestic partnership laws in all the other countries. Excluded from the original law: Originally, couples did not have the right to adopt children, however, this has since been corrected to allow a partner’s already existing children to be adopted Key financial provisions which would have ended discrimination in income and inheritance tax laws (Some of these have now been addressed) Requirement to support an unemployed partner Each federal state will decide where the registration takes place. Bavarian authorities, greatly displeased by the prospect of acknowledging same-sex couples, require that same-sex couples “tie the knot” at district council offices, which handle everyday business, such as vehicle registration. The Federal Constitutional Court turned down pleas from the ultra-conservative regions of Bavaria and Saxony for an injunction to prevent the law from taking place while a suit is pending. The suit, brought by these regions as well as by Thuringia, had hoped to stop the new law. Even though filing the suit, the Bavarian state assembly finally approved the measure on October 25, 2001, and it took effect in that state on November 1, 2001. On July 17, 2002, the Federal Constitutional Court in Karlsruhe voted 5-3 to back the law. They rejected the conservative argument that same-sex Life Partnerships violate constitutional provisions protecting marriage and the family. In early May 2004, Germany expanded its civil union legislation to ensure the financial benefits received by same-sex couples are the same as opposite-sex couples. The country’s labor court ruled in the case of a male nurse filing for equal benefits. Now, location allowances and other financial issues will be equalized throughout the country’s civil service and governmental agencies. Additionally, the judges ruled there should be no difference between opposite-sex couples who wish to get married and same-sex couples who wish to sign a Partnership registration, further strengthening the law. On October 22, 2004, the German parliament approved a bill expanding the rights of people in same-sex Life Partnerships to adopt children if a child was brought into the Partnership by either partner. The new law also allows same-sex couples to formally get engaged before a Life Patnership, and raises standards of financial security guaranteed to such couples for pensions. Berlin’s Administrative Court ruled, on June 24 2005, that people united under Germany’s same-sex partnership law are entitled to each other’s pension when one of them dies. The court redefined the word “spouse” in pension benefit plans. As of October 29, 2004, about 5,000 same-sex couples have joined in a “life partnership” in Germany. Some 8,000 children are already in such family structures. As of July 2005, more than 6,000 same-sex couples registered. Not a Model for Family Recognition in U.S. This domestic partnership status does not work as a model for America, because implementing an equivalent legal status to marriage requires duplicating 150-to-350 laws in each state, and more than 1,138 laws on the federal level. [See U.S. Federal Laws for the Legally Married.] The whole idea is completely impractical. Further, domestic partnerships are usually not recognized outside of the issuing state. Because of the lack of portability, they create a patchwork legal status as a couple moves or vacations. While such contracts are an attempt to create equal treatment, they only reinforce a separate and totally unequal status, one we consider to be a manifestation of apartheid. [See Marrying Apartheid: The Failure of Domestic Partnership Status] © 2004, Demian For a vast survey, please see our: Legal Marriage Report: Global Status of Legal Marriage Return to: Domestic Partnership Benefits Governments that offer Legal Marriage Netherlands Belgium Canada Massachusetts (U.S. state) Spain South Africa The Sweet Corn Shop    Products that affirm self-esteem and social equality.    A smart variety of Bumper Stickers and Buttons    for political impact, plus Mugs and Teddy Bears.    Purchases help support Partners’ efforts.