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German Gay Couples To Receive Equal Inheritance Rights
Germany’s highest court has ruled that gay couples living in civil partnerships are entitled to the same inheritance rights as married couples.
Germany introduced "registered partnerships" for
same-sex couples in 2001 but stopped short of granting the full rights and
privileges afforded to married couples.
The Federal Constitutional Court’s ruling found that
inheritance tax law as it stood between 2001 and 2008, when the legislation was
reformed, put gay registered partners at a marked disadvantage.
The judges said that although heterosexual marriage still
enjoys a unique status under the German Basic Law, it was unconstitutional for
couples who had made a long-term commitment - and a pledge to pay maintenance
if they separated - to face bias in inheritance.
The Karlsruhe-based court also stated that the fact that
heterosexual marriage could produce children did not justify higher taxation
for homosexuals over inheritance.
It set a deadline of December 31 for the parliament to
produce new legislation to rectify the "unconstitutional"
disadvantage for gay partners in the years 2001 to 2008.
The judges ruled on the complaint of a beneficiary who had
inherited the equivalent of €140,000 from his registered partner in 2001 and
had to pay €30,000 in taxes on it.
Another plaintiff had inherited €58,500 from her partner and
was taxed €12,000.
Germany's LSVD lesbian and gay association welcomed the
decision, but said the job was not done yet.
"Lawmakers must now act as quickly as possible to
ensure there is complete equality on income tax and provisioning for civil
servants," spokesman Manfred Bruns said in a statement.