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Gay News: German gay couples who have registered their partnership to get same rights as married couples.
By: Nigel Robinson
Discrimination "against constitution"
Discrimination "against constitution"
German gay couples awarded equal inheritance rights
Although Germany introduced registered civil partnerships for same-sex couples in 2001, this did not extend to awarding them the same privileges or inheritance rights as heterosexual married couples.
Until 2008 a registered partner could only inherit 5,200 Euros tax-free on the death of his or her partner. This compared to 307,000 Euros for a widowed straight spouse.
Although that loophole was closed, the surviving registered partner is still taxed today at a higher rate than his or her straight counterpoint, with rates ranging from 17 to 50 per cent, compared to 7 to 30 per cent for heterosexuals.
Married couples also enjoy a higher tax-exempt status than same-sex registered partners.
Germany’s Federal Constitutional Court ruled that the fact that heterosexual marriage could produce children was not grounds for charging gay men and women higher taxes over inheritance.
In a statement, a spokesperson for the Court said: “The Constitutional Court ruled that there was not a significant enough difference between married spouses and registered life partners to justify discrimination against the latter.”
Manfred Bruns, a spokesman for Germany’s Lesbian and Gay Association, LSVD (Lesben- und Schwulenverband in Deutschland), welcomed the decision and said:
“Lawmakers must now act as quickly as possible to ensure there is complete equality on income tax and provisioning for civil servants.
“It's against our constitution for civil partnerships to be discriminated against compared to married couples.”
