AUSTRIA: Constitutional Court Issues Initial Ruling In Favor Of Same-Sex Marriage, Final Ruling In December

From the Facebook page of attorney Helmut Graupner:

In a decision of 12 October just delivered, the Austrian Constitutional Court followed all my arguments and reversed its case-law (that segregation in marriage and registered partnerships is admissible.)

I am representing five children (and their same-gender parents) arguing that the marriage ban stigmatizes the children as illegitimate and the families as second-class families.

The Constitutional Court agreed (explicitly so “even if marriage and registered would be made absolutely identical”) and has instituted the proceedings for the repeal of the words “of different sex” in the Civil Code’s provision on marriage and for the repeal of the partnership act.

The government now has some weeks for observations. The final judgment of the CCt is expected for December, so that same-gender couples could be allowed to marry in Austria from January 2018. So far no European court has turned down a marriage ban for same-gender couples. Austria would be the first.

If the follow-up ruling is positive, Austria would become the 26th nation to legalize same-sex marriage. Unless Australia beats them to it.

It’s worth keeping in mind that Austria lurched sharply to the right in this week’s national elections and both parties that will form the coalition government oppose equal marriage.

  • kaydenpat

    Great!! Something to celebrate.

  • bkmn

    Our side has reason and logic and case law, the other side has fear and lies.

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  • Judas Peckerwood

    Wait, Austria and Australia are different countries?

  • Luis De California


    In Europe, expect Switzerland to be next, their Parliament is discussing how to go about it since it will be a constitutional change so it may just mean a majority of MPs in favor, or a referendum (hopefully not).

    Slovenia has enough MPs in favor, but that damn referendum repeal tactic by religious groups… I see them coming after the Swiss.

    I hope the addition of Germany, Malta, Austria swing enough European Court judges to finally rule in favor of marriage for the countries under its jurisdiction. Would love to get the streamers out for the more liberal nations and get the popcorn out for the conservative ones having a meltdown.

    According to Wikipedia, that would be around 40% of the entire European population under the marriage equality scope once Austria joins the list.

    • JWC

      Hearald the seconf coming of the Dark ages Religion did not getit right the first time NO second chances

    • scream4ever

      Yah hopefully this encourages Slovenia to finally sue for actual marriage rights, and not just to stop the referendum.

  • JAKvirginia

    OMG! Do you have any idea how this will change your lives? HINT: Not one fekking bit.

  • Ninja0980


  • ChrisMorley


    Trump’s claim of Irish corporate tax cut is ‘fake news’, says [openly gay] prime minister
    – PM Leo Varadkar denies plans to cut rate from 12.5% to 8%
    – President is proposing to cut US corporation tax to 20%

    ‘The Irish prime minister has accused Donald Trump of peddling β€œfake news” after the US president wrongly claimed that Ireland plans to further reduce its much-criticised 12.5% corporation tax.
    Trump angered Irish officials with his comments at a White House briefing on Monday, in which he alleged that Ireland was going to cut the tax on corporations such as Apple, Google and Facebook to 8%.
    β€œI hear that Ireland is going to be reducing their corporate rates down to 8% from 12,” Trump told reporters.

    But the taoiseach [PM], Leo Varadkar, denied the allegation during prime minister’s questions in the Dail (Irish parliament) on Wednesday.
    β€œI can confirm that President Trump’s claim that we are proposing to reduce our corporation profit tax to 8% is indeed fake news. There is no such plan to do so,” Varadkar said in response to a parliamentary question.

    • JAKvirginia

      WUT? The Drumpf pushing fake news?!! Well… I… just… can’t… believe…

      • RoFaWh

        Trump appears not to understand the distinction between truth and lies.

  • Lazycrockett

    This NFL guy is waffling on this Anthem issue like no one Ive ever seen before.

  • Jean-Marc in Canada

    As Joe notes, as good a news story this is, Austria just elected a fascist/nationalist leader/party….caution is advised where optimism is concerned.

  • scream4ever

    This is great timing considering the incoming coalition government.

    • Jean-Marc in Canada

      Indeed, but they could throw a wrench into the mix. Cautious celebrations are advised.

      • scream4ever

        It doesn’t seem that they can do much other than comment that they oppose the ruling as there is no appeal from this point.

        • William

          Never trust an Austrian farther than you can throw him.

        • Jean-Marc in Canada

          Legally, that’s true, but we’re talking nationalists with fascist tendencies, so….

        • Luis De California

          I predict the same thing will happen as with their full adoption ruling: the Government will fume as they are told there is a Court-imposed deadline to pass a bill, but as the Government did nothing and let the deadline pass, the ruling will automatically ax the current ban and couples can marry shortly after πŸ™‚

          • billbear1961

            Hello, Luis!

            I hope you’re well!

  • GanymedeRenard

    If this happens, this will prove to be a great year for marriage equality internationally! (All eyes on you now, Aussies.)

    • scream4ever

      Plus we’re likely to get Chile and Panama soon as well.

      • billbear1961

        I hadn’t heard about Panama.

        • scream4ever

          Yup there’s a promising court case being heard.

          • billbear1961



      • GanymedeRenard


  • Ross

    Till my dying day I will never understand why a majority even thinks it has the right to deny rights to minorities.

    It’s indecent.

    It’s immoral.

    It’s appalling.

    It’s primitive.

    It’s abusive.

    It’s condescending.

    Look at those men in robes, acting God-like, in their arrogant assumption that THEY can decide, or not decide, which others may enjoy the same rights they do.

    This should not even BE debated or discussed or ruled upon. It just should BE.


    Jesus Christ, this ain’t hard to understand.

    • J Ascher

      It all comes down to power: because the majority, regardless of morality or logic, can.

      • Ross

        The very definition of evil.

  • JCF

    Argh, why do I fear the new quasi-Nazi government may throw a wrench in this?

    • billbear1961

      I don’t imagine there’s much they can do–other than drag their feet, for a time–about their highest Court’s rulings, JCF, unless they actually attempt to destroy judicial independence in Austria.

      • Hue-Man

        You mean like Poland is trying to do?

      • Ray Taylor

        And as Trump/Pence aspire.

  • billbear1961
  • Eddie Besketti

    i’m sure and i’m hoping it will pass. I maybe the first American to be legally wedded to a same sex partner. Denmark was the first country to pass this law back in Oct ’89. In order to get the law passed, they had to call it “Registreret Partnerskab” (registered partnership). But it was marriage because in order to get the partnership status, you had to go to the court house and actually get married – Do you promise to love, honor and bla bla bl – the whole 9 yard – wedding dress optional. The population in general and even most of the politicians used the term Gift (marriage) and not the term Partnerskab. Holland became the first country to actually use the word “Marriage” and therefore most or many consider Holland to be the first country to have gay marriage. But in the 10 year before Holland passed their law, gay and Lez couples in Denmark were going to the city hall and getting married. In 2012 Denmark changed the word from Reg. Partnership to Marriage. As of this past August, my hubby and I just passed our 27th anniversary. Thank you, Thank you, gifts gladly accepted – LOL oh and according to Donny T, Austria and Australia is fake geology because it’s the same place.

  • Robert Pierce

    Also, Alderney, one of the Channel Islands just voted to legalise same-sex marriage.

  • Regan DuCasse

    The suspense, is terrible. The waiting ain’t fun….
    C’MON Australia!!!!