Foreign gay marriages not recognised in Germany

10th September 2004, Comments 0 comments

10 September 2004 , KARLSRUHE - A court in Germany Friday ruled that a gay marriage licence issued under foreign law does not constitute matrimony under German law. The Karlsruhe Administrative Court rejected a complaint by a Taiwanese man who said his Dutch gay marriage to a Netherlands man entitled him to a residence permit to live in Germany under European Union immigration regulations. Under those regulations, the foreign spouse of a citizen of an EU country is entitled to apply for a residency permit

10 September 2004

KARLSRUHE - A court in Germany Friday ruled that a gay marriage licence issued under foreign law does not constitute matrimony under German law.

The Karlsruhe Administrative Court rejected a complaint by a Taiwanese man who said his Dutch gay marriage to a Netherlands man entitled him to a residence permit to live in Germany under European Union immigration regulations.

Under those regulations, the foreign spouse of a citizen of an EU country is entitled to apply for a residency permit in an EU country.

However, in handing down its ruling, the court said that the EU regulations allowed each country to define what constituted a "spouse" in legal terms. In Germany, marriage licenses are issued only to male-female couples.

Germany enacted gay union legislation two years ago that gives same-sex couples limited rights pertaining to joint property and hospital visitation.

But it has no provisions for filing joint income tax returns. Though popularly called the "gay marriage law", the legislation pointedly also makes no provisions for issuance of legal marriage licences.

DPA

Subject: German news

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