GERMANY: Germany's highest court has ruled that the country's homosexual partnership law is fully constitutional and does not endanger the position of marriage in German life, writes Derek Scally, in Berlin
The constitutional court threw out a challenge from three conservative-ruled states, ruling five to three in favour of the law a year after it came into effect.
Since last August over 4,400 couples have registered themselves at town halls and registry offices across Germany.
Bavaria, Thuringia and Saxony took a case to the constitutional court in Karlsruhe, arguing that registered same-sex couples threatened marriage and the special status of the traditional family in the German constitution.
But the court ruled that gay partnerships are not "marriage with the wrong etiquette" but a completely different union between same-sex couples.
"Marriage is neither damaged nor otherwise impaired by the partership legislation," said the court in its 70-page ruling.
A spokesman said the government was "pleased" with the ruling as "confirmation of its reform politics which have ended discrimination against gay men and lesbians".
"I am hugely relieved," said Mr Volker Beck of the Green Party, who lead the government's case.
"This is a complete victory and a great day for gay men and lesbians in Germany ... No one can hide behind the constitution any longer," he added.
One of the leading opponents of the law was Mr Edmund Stoiber, the prime minister of Bavaria and the conservative challenger to Chancellor Schröder in September's general election. Mr Stoiber said he regretted yesterday's court decision but added that he would do nothing to reverse it should he become chancellor.
The gay partnership legislation grants homosexual couples many of the same privileges and obligations previously reserved for heterosexual married couples.
As well as the option of sharing a common name, same-sex couples in Germany now enjoy greater rights in areas such as inheritance, tenancy, health insurance and welfare benefits.
However, the law stops short of granting equal adoption rights and the government has delayed until after September's election legislation to extend to same-sex couples the tax and social insurance breaks given to married couples. Mr Stoiber, leader of the Bavarian Christian Social Union (CSU), said he would block these new proposals.
The ruling was also attacked by Mr Norbert Geis, the CDU/CSU legal spokesman, who describes homosexuality on his parliamentary website as "a sexual perversion" and a "mental illness that is in danger of becoming fashionable".