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Germany: Federal Court of Justice Rules Same-Sex Marriage Does Not Make Wife of Child’s Mother Co-parent by Law

(Nov. 9, 2018) On October 10, 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s supreme court for civil and criminal cases, held that being in a same-sex marriage does not automatically make the wife of the mother of a child co-parent by law. The Court stated that there is no legal presumption for […]

United Kingdom: Supreme Court Rules on Heterosexual Civil Partnerships

(Sept. 14, 2018) On June 27, 2018, the Supreme Court of the United Kingdom issued a declaration that “sections 1 and 3 of [the Civil Partnership Act 2004, (CPA)], to the extent that they preclude a different sex couple from entering into a civil partnership, are incompatible with article 14 of [the European Convention for […]

Hong Kong: Court of Final Appeal Grants Same-Sex Partner Right to Dependent Visa

(July 30, 2018) On July 4, 2018, Hong Kong’s highest court, the Hong Kong Court of Final Appeal, issued a judgment that paves the way for the granting of dependent visas to same-sex partners. (Hong Kong Court of Final Appeal, Press Summary: QT v. Director of Immigration, Hong Kong Judiciary Legal Reference website (last visited […]

Costa Rica/OAS: Inter-American Court of Human Rights Declares Right to Marry Should Be Extended to Same-Sex Couples

(Feb. 9, 2018) On January 9, 2018, the Inter-American Court of Human Rights (IACtHR) published an advisory opinion stating that under the American Convention of Human Rights, the institution of marriage should be extended to same-sex couples. (Press Release, IACtHR, Advisory Opinion on Gender Identity and Nondiscrimination Against Same-Sex Couples (Jan. 9, 2018), IACtHR website […]

Germany: Court Rules Costs for In Vitro Fertilization of Infertile Woman in Same-Sex Partnership Are Tax-Deductible

(Jan. 25, 2018) In a decision published on January 3, 2018, the German Federal Fiscal Court (Bundesfinanzhof, BFH), the supreme court in tax and customs matters, held that costs for in vitro fertilization (IVF) incurred by an infertile woman in a same-sex partnership are tax-deductible, reversing a lower court ruling. (BFH, Oct. 5, 2017, Docket No. VI […]

Australia: Same-Sex Marriage Bill Passes

(Dec. 13, 2017) On December 7, 2017, the Australian House of Representatives (lower house) voted to pass the Marriage Amendment (Definition and Religious Freedoms) Bill 2017, which legalizes same-sex marriage nationwide, with only four members voting against the legislation. (Marriage Amendment (Definition and Religious Freedoms) Bill 2017, PARLIAMENT OF AUSTRALIA (last visited Dec. 7, 2017).) […]

Austria: Same-Sex Couples Allowed to Get Married Starting January 2019

(Dec. 12, 2017) On December 4, 2017, the Austrian Constitutional Court (Verfassungsgerichtshof Österreich, VfGH) struck down the provisions of the Civil Code and the Registered Partnership Act that restrict marriage to persons of different sexes and registered partnerships to persons of the same sex, respectively.  The Court held that the provisions violate the prohibition of […]

Israel: High Court Rejects Petition to Recognize Same-Sex Marriages

(Sept. 11, 2017) On August 31, 2017, Israel’s Supreme Court, sitting as a High Court of Justice, unanimously rejected a petition by Israel’s LGBT (lesbian, gay, bisexual and transgender) Task Force and individual petitioners. Petitioners had requested that the Court  recognize same-sex marriages and declare that sections 1-2 of the Rabbinical Court Jurisdiction Law, 5713-1953, […]

Taiwan: Constitutional Court Rules Same-Sex Marriage Prohibition Unconstitutional

(June 5, 2017) On May 24, 2017, Taiwan’s Constitutional Court announced J.Y. Interpretation No. 748, which rules that the prohibition of same-sex marriage in the current Civil Code violates the Constitution. (Judicial Yuan Interpretation No. 748 and Reasons (May 24, 2017), Judicial Yuan website (in Chinese) (click on the first PDF link); Press Release, On the Same […]

Finland: Gender Neutral Marriage Act Enters Into Force

(Mar. 2, 2017) On March 1, 2017, the Finnish Marriage Act became gender neutral as amendments to the Act entered into force.  (Äktenskapslag [Marriage Act] (Finsk författningssamling [FFS] 13.6.1929/234), FINLEX.)  The amending Act was adopted on February 20, 2015.  (Lag om ändring av äktenskapslagen [Act on Amendment of the Marriage Act] (FFS 20.2.2015/156249), FINLEX.) Registered […]