AUSTRIA: Constitutional Court Legalizes Same-Sex Marriage, Ruling Goes Into Effect In 2019 At The Latest

Deutsche Welle reports:

Same-sex couples will be allowed to marry in Austria from 2019, according to a ruling by the country’s Constitutional Court announced on Tuesday.

Same-sex couples in Austria have been able to enter only into “registered partnerships” since 2010, with nearly the same rights of married couples. But the court ruled that “the distinction between marriage and registered partnership … cannot be upheld at this day and age without discriminating against same-sex couples.”

“The resulting discriminatory effect is seen in the fact that through the different title of the family status, people living in same-sex partnerships have to disclose their sexual orientation even in situations in which it is not, and must not be, relevant and … are highly likely to be discriminated against,” the court said in its ruling.

Politico Europe reports:

Under the court’s ruling, registered partnerships will still exist but will be available to both same-sex and heterosexual couples. Current restrictions on same-sex marriage will expire on December 31, 2018, unless the Austrian parliament chooses to lift them sooner.

The ruling comes in the midst of coalition negotiations between the Austrian People’s Party (ÖVP) and the far-right Freedom Party (FPÖ), both of which oppose same-sex marriage, to form a government following October’s national election.

  • JT

    Finally, some good news!

    • JAKvirginia

      And some logic in law.

    • John30013

      Unfortunately it sounds like the governing coalition will slow roll this court ruling.

  • kevin vincent

    Okay I totally read Australia lol wow Austria came out of nowhere

    • Michael R

      Same

    • Craig Howell

      Advance Austria Fair!

      • Frances

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    • Todd Allis

      Yup, me too.

  • Reality.Bites

    I think a year is far too long. With Obergefell the effect was instant. Same with the court rulings in Canada. It didn’t matter that marriage licenses still said bride and groom.

    • ChrisMorley

      Austria’s Constitution requires a delay before the Constitutional Court’s decision that the marriage law is discriminatory officially leads to the deletion of the offending legal words.
      If parliament disagrees with that constitutional timetable it can legislate for an earlier change.

      • Reality.Bites

        Thanks.

      • Frommer_Gast

        The conservative party is world-master in shabbyness.
        Would not be surprised if they delayed it as long as possible.

  • AmeriCanadian

    The world (mostly) is moving forward while the U.S. is trying desperately to move backward. It won’t be long before the U.S. is ranked right along with the Middle Eastern countries.

    • lenvus

      Give us a couple of weeks, and Saudi Arabia will be ranked ahead of the United States with regard to human rights.

      EDIT: I was going to put the standard “/s”, but with the current downfall of the situation, I am not so sure it would be appropriate anymore.

      • AmeriCanadian

        There’s no sarcasm in my post.

  • netxtown

    WTF is wrong with those people? The court didn’t even tweet their decision! They are so behind the times…… /s

  • greenmanTN

    If you’ve decided to do it, why not just do it? A month or two to print up some new forms and update the software…

    • Frommer_Gast

      Please!!!
      We have a century-old tradition of bureaucracy – so before printing a new form somebody has to apply for permission to print the new form; in case of positive design the new-form-design department in the ministry of forms can startt to design a new form; actually, they might already apply for temporary permission to design the new form before the submission for the permission to print the new design has been answered, but it turned out this takes more time than to wait for the decision of the commission for permissions to print new forms!
      So – patience!
      Authorities know best!

  • narutomania

    Langsam aber sicher.

    Ausgezeichnet, Österreich!!

  • Stogiebear

    Heilige Maria!

    Congratulations to all you Austrians.

  • fuow

    Meanwhile, over here in the USofA, we’re going to see our Supreme Court decide today (yes, pedantic asswipes, In June 2018), that Christians can discriminate against us at all times.
    Remind me again how free we all are?

  • Jean-Marc in Canada
  • Guy z

    I worry that the picture used here is from “RUPTLY”, an arm of “RT”. Let us be careful. We lend credibility to RT and its lies by using their material so prominently.
    This stuff is insidious. *takes off tin foil hat*

  • Pluto Animus

    In my experience, Austrians are generally Nazi-loving creeps.

    So this is bound to get stuck in their craw. Good times.

  • GanymedeRenard

    Wunderbare Neuigkeiten, Österreich! Du verdienst Gerechtigkeit und Gleichheit für alle!

  • JCF
  • Benji

    I came across some really surprising news which hasn’t really been covered in the gay press. Apparently, Nevada is going through the procedure to repeal its anti-gay marriage amendment, which was passed in 2002. Obviously, the courts struck down the amendment and Nevada has gay marriage, but the amendment is still on the books and it can’t be removed unless the legislature votes twice to repeal it and then it goes to a vote of the people. It has already completed one repeal vote and almost certainly will do the second vote in 2019. That means that in 2020, we will actually have a vote on gay marriage here in the US, just like we used to have in the 1998-2012 period. Even though this is a repeal of an amendment which has been invalidated by the courts, you can be 100% certain that it will be a huge symbolic battle. The pro-SSM side will want to show that the people have changed their minds on this, and the other side will want to show that the public is still with them. Also, the outcome will have a practical impact on people if if Obergefell is ever reversed.

  • Frommer_Gast

    The only bad aspect of this is that people will start to dye marchpane cakes in rainbow colours – which is a shame because the dye ruins the delicate marchpane flavour.
    Yet I think I´ll have to get used to this – expecting quite a lot of events with dyed cakes in the nearer future … *sigh*.

  • scream4ever

    I think this is appropriate:

    https://www.youtube.com/watch?v=5fH2FOn1V5g