National

Consensual sex between same-sex couples is lawful at aged fourteen (14) years however, if one party is in more than eighteen (18) years, it is an offence punishable by imprisonment of not less than one (1) year [R1.1].

German Penal Code —

§ 176 Sexual abuse of children

(1) Whoever commits sex acts on a person under fourteen (14) years of age (a child) or whoever permits to do the same to him, shall be punished by imprisonment from six months to ten years or, in less serious cases, by up to five years imprisonment or by fine.

§ 176a. Aggravated sexual abuse of children

(1) Sexual abuse of children in the cases referred to under section 176 subsections 1 and 2 shall be punished by imprisonment of not less than one year where –

1. a person of more than eighteen years of age has full sexual intercourse with the child or performs similar sexual acts on the child or allows the child to perform such acts on him or her which involve physical penetration.

Immigration

From 01 August 2001, under the Lifetime Partnership Act same-sex partners enjoy a unique immigration status, as opposed to unmarried or non-partnered foreigners [R1.2].

Previously:

In 2002, the federal parliament passed a bill, allowing gay and lesbian couples to register their unions with the state and granting these registered partners some immigration, and joint parenting rights, hospital visitation, health insurance, tenant and inheritance rights [R1.1].

Asylum

In August 2006, an Iranian woman won her fight to avoid deportation from Germany on the basis that she is a lesbian. The court found that the chance of "disproportionate or discriminatory punishment of a homosexual relationship between women is very high in Iran ... because such a relationship is an absolute breaking of taboos, even worse than between men" [R2.3]

In October 1998, a lesbian who was jailed in Romania for her sexuality was given political asylum in the Federal Republic of Germany. She was granted refugee status under Article 16 of the German Constitution [R2.2].

1951 UN Convention

A relatively new addition to the list of provisions enshrined in the 1951 UN Convention that entitles a person to apply for refugee status, "sexual orientation" owes its inclusion to a growing understanding in a handful of countries that lesbians and gays constitute a distinct social group. This article has been invoked to grant asylum to lesbians and gay men in Germany [R2.1].

Courts & Tribunals

In 1996, Hildesheim's Administrative Court ruled to withdraw refugee status from a Tajikistanian asylum seeker on the ground that the most Oleg S. risked under the Tajik criminal code was a two-year sentence [R3.1].

National

Under the Lifetime Partnership Act same-sex partners have visitation rights to children raised in the partners' home [R1.1].

National

In July 2002, Judges at the Federal Constitutional Court in Karlsruhe voted 5–3 to back the registered partnerships law, which was challenged last year by Bavaria and two other states [R2.2].

On 01 August 2001, the Lifetime Partnership Act came into effect. Specifically, among other rights and obligations, Lifetime Partners:

• are obligated to support and care for one another
• may share property
• may choose one name
• possess visitation rights to children raised in the Partners' home
• have standing with respect to the estate of a deceased Partner
• have access to a Partner's social welfare benefits
• enjoy a unique immigration status, as opposed to unmarried or non-partnered foreigners [R2.3].

Previously:

In October 2001, the Bavarian state assembly approved the registered partnerships measure to take effect Nov. 1. [R1.4].

Last November a bill was passed by the federal parliament, allowing gay and lesbian couples to register their unions with the state and granting these registered life partnerships some immigration, and joint parenting rights, hospital visitation, health insurance, tenant and inheritance rights but not the tax advantages open to opposite sex partners.

The German law provides for registered couples to share a last name if they choose [R1.3].

The law requires a court decision for a divorce [R1.2].

The Bill replaced an earlier broader plan that would have included tax and welfare benefits for gay couples [R1.1].

Courts & Tribunals

On 10 May 2011, the EU Court of Justice unanimously ruled in Jürgen Rõmer vs. City of Hamburg that the City likely violated European Law in providing higher pensions to retired married pensioners than to those in a same-sex registered partnership [C2.10], [R2.9].

On 03 March 2011, an Advocate General for the European Court of Justice reportedly issued an opinion to the court in the case Jürgen Rõmer vs. City of Hamburg which stated that same-sex couples must have access to the same employment benefits as married couples in every EU state, regardless of a state's constitutional laws [R2.8].

On 22 October 2009, the Constitutional Court in Karlsruhe ruled that civil partners of government employees are eligible to receive the same pension rights as their straight married counterparts [R2.7].

In April 2008, the European Court of Justice (ECJ) in Luxembourg upheld a German court ruling that spousal and partnership rights are similar on the rights of same-sex partners to 'survivor pensions' [R2.6].

In April 2004, the federal labour court ruled that public employers must pay the same location allowances to homosexuals in registered in a life partnership (officially known an 'Eingetragenelebensgemeinschaft') as married couples [R2.5].

In August 2003, a court in Germany ordered a Roman Catholic congregation to compensate two gay men who were not allowed to hold their same-sex wedding reception in the church hall [R2.4].

In July 2002, Judges at the Federal Constitutional Court in Karlsruhe voted 5-3 to back the life partnership law, which was challenged last year by Bavaria and two other states and rejected a complaint that it violates constitutional provisions protecting marriage and the family [R2.3], [R2.2].

In July 2001, Germany’s highest court cleared the way for the new law that granted same-sex couples a range of rights, that came into operation on 01 August 2001, rejecting requests from two conservative states for a delay [R2.1].

Cities & Towns

In May 1999, seven lesbian and gay couples registered as long-term partners following the Social Democratic-led government in Hamburg approval of the registered partnership law in April 1999 [R3.1].

In 1998, the Senate of the City of Hamburg has decided to introduce a registered partnership for gay and lesbian couples [R3.2].

Churches

On 15 November 2010, Bishop Johannes Friedrich of the Evangelical Lutheran Church in Bavaria announced a ruling allowing gay and lesbian Lutheran ministers to live with their partners in parish parsonages, if they enter into a state-sanctioned civil union [R4.1].

National

In 2006, discrimination in employment based on sexual orientation and gender identity was made unlawful [R1.2].

In May 2010, German political parties failed to reach an agreement over whether the Equality laws within the German constitution should be changed to include "sexual identity" [R1.1].

Government

In 2001, the small number of homosexuals still alive who survived Nazi concentration camps were urged to file claims for belated compensation being organised by the Geneva-based International Organisation for Migration (IOM) [R2.1].

Courts & Tribunals

In August 2003, a court in Germany ordered a Roman Catholic congregation to compensate two gay men who were not allowed to hold their same-sex wedding reception in the church hall [R3.1].

National

In 1981, a specific the law was introduced in Germany to recognise the "new" gender after Gender Reassignment treatment [R1.1].

Courts & Tribunals

On 11 January 2011, the Constitutional Court ruled that it was unconstitutional to require transgender people to undergo sterilization or gender-reassignment surgery before they can be legally recognized as a member of the other sex [R2.2].

In July 2008, Germany's Federal Constitutional Court ruled that the present law, stipulating that anyone who has been certified as transsexual will only be allowed to change their sex on their birth certificate if they are unmarried, is unconstitutional and gave the German government until August 2009 to change it [R2.1].

National

In 1968, homosexuality was decriminalised by the repeal of Section 175 of the Criminal Code in East Germany (GDR), and in 1969 in West Germany [R1.1].

National

Under the Lifetime Partnership Act same-sex partners have standing with respect to the estate of a deceased Partner [R1.2].

Previously:

In 2002, the federal parliament passed a bill, allowing gay and lesbian couples to register their unions with the state and granting these registered partners some immigration, and some joint parenting rights, hospital visitation, health insurance, tenant and inheritance rights [R1.1].

Courts & Tribunals

On 17 August 2010, the Constitutional Court in Karlsruhe ruled that the unequal treatment of straight and gay partners when it comes to inheritance taxes and exemptions is unconstitutional. The decision rendered relevant tax laws from between February 2001 and December 2008 invalid [R2.1].

National

In June 2004, Justice Minister Brigitte Zypries was reported to have said the government would introduce legislation allowing same-sex marriages before the end of the summer [R1.2].

In October 1999, the Green Party, a partner in the coalition government of Chancellor Gerhard Schroeder, said that it would sponsor a bill that would recognize same-sex marriages [R1.1].

Courts & Tribunals

On 15 June 2010, a Berlin court declined to set a precedent by recognizing a gay marriage performed in Canada, ruling that a same-sex marriage abroad is to be legally considered a civil partnership in Germany [R2.1].

National

General Inspector Harald Kujat has issued a six-page order entitled "How to Deal With Sexuality" banning sexist remarks, demands for sexual relations, the touching of another soldier's body in a sexually suggestive manner and pinups of naked women [R1.3].

The order also says, "The obligation for comradeship means tolerance for sexual practice and orientations which are not illegal and this accordingly means [for gay and lesbian] soldiers."

Previously:

In September 2000, the government reaffirmed that homosexuality is no "separate entry criterion" for military service. The defense ministry was to make it clear in army regulations the consequences of discrimination based on sexual orientation and offer advice for leaders in a brochure dealing with gay troops in the army [R1.2].

In June 2000, gay couples in which one partner serves in the German army were entitled to the same benefits as heterosexual couples and also allowed to live in the barracks together [R1.1].

National

In 2000, the federal parliament has passed a bill, allowing gay and lesbian couples to register their unions with the state and granting these registered partners some immigration, and some joint parenting rights, hospital visitation, health insurance, tenant and inheritance rights [R1.1].

Courts & Tribunals

In August 2009, the Federal Constitutional Court confirmed that gay and lesbian people can adopt their partner's children but they cannot adopt children they are not related to [R2.1].

National

Under the Lifetime Partnership Act same-sex couples may share property [R1.1].