The issue of homosexual marriage unions has been raised repeatedly in many European countries, and Germany has become one of those who were ready to reconsider their attitude towards this type of partnership. According to opinion polls, approximately 80% of Germans believed that same-sex marriage in Germany should be legalized. In 2021, the Bundestag passed the so-called Marriage for All Act.
The position of politicians and the church
It should be noted that in German society, the attitude towards same-sex marriage is rather ambiguous. For example, representatives of the Christian Democratic Union, to which German Chancellor Angela Merkel belongs, have repeatedly stated that they oppose same-sex marriage, since in their view marriage is a union of a man and a woman. The decision to put the bill to a vote was taken to make it easier for society to achieve peace and social cohesion.
It's no secret that homosexual convictions are not approved by the church. Accordingly, religious fundamentalists opposed the adoption of this law. They also had a significant impact on their parishioners. It is significant that the Catholic Church condemned this law, but the Evangelical Church supported it.
History of the "marriage for all" law
Before the German parliament legalized same-sex marriage, this idea was discussed many times. For example, in 2001, a decision was made to allow same-sex couples to formalize relationships. This was called a “registered civil partnership”.
On January 1, 2005, it was decided that couples in a civil partnership could adopt children if one of the parents is a blood relative of the child. Since 2021, by the decision of the Constitutional Court, adoptions of step children have been allowed if they have already been adopted by one of the parents.
Adoption of the Law on Legalization of Same-Sex Marriage
The registration of same-sex marriages has repeatedly become a stumbling block for both politicians and public figures. But for the first time, a bill on this was submitted for consideration in November 2021 by representatives of parties such as the "green" and "left". Parliamentarians made more than 30 attempts to pass it, but they all failed.
Then the representatives of the Social Democratic Party, headed by Martin Schultz, demanded that a vote be taken to legalize same-sex marriage.
After a rather lengthy debate, the Law Introducing the Right to Marriage for Persons of the Same Sex (Gesetz zur Einführung des Rechts auf Eheschließung für Personen gleichen Geschlechts) was adopted on June 30, 2021.
393 deputies voted in favor, 226 were against and 4 abstained.
Significance of passing a law
The law passed by the Bundestag complements section 1353 of the German Civil Code. It changed the wording of who and who can be married. At the same time, the law does not say that such marriages do not necessarily have to be recognized by religious associations or churches.
After the registration of same-sex marriages is allowed in Germany, spouses in them will have the same rights as in traditional couples. They can now jointly adopt children.
Civil unions will not transform into marriages, but partners in such unions will be able to apply and enter into a full-fledged marriage. Marriage certificates in these cases will be dated on the same date as the civil partnership. Such an unconventional wedding is held in different ways. It can be just a painting or a small celebration. If you are wondering how a traditional wedding is held in Germany, read the article on German wedding traditions.
Discussion questions and technical difficulties
The decision of the Bundestag was greeted with applause, although opponents still remain with the law. In addition, there were some discrepancies with the current zoological base. For example, in the German Constitution, marriage is described as the union of a man and a woman, which leads to the birth of children. And it is on this basis that families should receive support from the state.
A number of technical difficulties also arose. Due to difficulties with software, new forms that are not focused on heteronormative standards will be able to be released only at the end of 2021, so while couples will be recorded in the columns "husband" and "wife". There is a similar problem with the state marriage registry: in order to transform it, changes must be made in the legislation regulating civil status.
One way or another, but now Germany, along with such European countries as the UK and the Netherlands, entered the top ten countries that were the first to allow same-sex marriage. On October 1, 2021, the first same-sex marriage was registered in Germany. Karl Kreile, 59, and Bodo Mende, 60, are the happy newlyweds.
Thus, any homosexual couple can now marry in Germany. Such families will have the same rights as traditional ones. At the moment, the country is actively resolving issues related to technical difficulties and legislative contradictions in the issue of registering same-sex marriages.
How marriage registration takes place in Germany and what is needed for this, read the article.
