Austria’s Supreme Court Paves Way for Same-Sex Marriage From 2019

The LGBT flag.

(Photo: Twitter/‏@OnAirWithRick)

Same-sex couples will be allowed to marry in Austria from 2019, the country’s supreme court ruled on Tuesday, 5 December, and said a law to the contrary violated the principle of non-discrimination.

The move brings Austria into line with many other European nations including Germany, France, Britain and Spain.

It also comes at a time when stories of sexual harassment under the #MeToo hashtag have flooded social media, sparking a rethink of attitudes towards sexual discrimination.

“Today is a truly historic day,” said lawyer Helmut Graupner, who represented the two female plaintiffs in court.

Austria is the first European country to recognise marriage equality for same-gender couples as a fundamental human right. All the other European states with marriage equality introduced it (just) the political way.

Helmut Graupner’s Facebook post

Austria’s constitutional court examined a 2009 law that allows registered partnerships for same-sex couples but prevents them from getting married. It acted at the request of two women who were rejected by two lower authorities.

The distinction between marriage and registered partnership can no longer be upheld without discriminating against same-sex couples, the court said in a statement.

“The resulting discriminatory effect is seen in the fact that... 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.

(The article has beed edited for length.)

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