Germany: Once a gay rights pioneer, now behind

While the sounds of celebrations in Ireland over the decision to recognize gay marriage have subsided, the heated debate it generated in Germany is in full swing. The one-time gay rights pioneer found itself unexpectedly outshined, and by a predominantly Catholic nation, at that. Yet with the ruling CDU party maintaining its objection to following in the Irish footsteps, and the opposition parties pushing harder for change, it seems that a political crisis is much closer than the coveted approval of same-sex marriage.

“The key is Angela Merkel,” says Markus Ulrich of the Lesbian and Gay Federation in Germany (LSVD). “She’s the one in charge and she can say ‘let’s just do it’ and the party will accept that. The support for same-sex marriage is growing anyway. People now understand, like in Ireland, that being a Christian doesn’t mean discriminating gays. Even conservative politicians are wondering about this, especially when more and more countries are recognizing gay marriage. Now Germany is the one being left behind.”

The opposition is long in agreement over gay marriage. “It’s time, Mrs. Merkel,” urged recently Green party MP Volker Beck, a longtime fighter for gay rights, while his party leader Katrin Göring-Eckardt complained: “Even Ireland has overtaken us.” The Left party leader, Gregor Gysi, echoed the message: “There can’t be any more delays,” he told the Süddeutsche Zeitung. “It’s up to us to catch up.” Some CDU politicians are also voicing similar sentiment, mostly for fear of seeming outdated by their voters.

Surprisingly, Germany is not one of the 22 countries that grant full marriage rights to homosexual couples. Although it officially recognized same-sex partnerships in 2001 – almost a decade before Ireland – it does not provide couples with the same tax and adoption rights.

“The very distinction between a heterosexual marriage and a same-sex partnership suggests that a relationship between a man and a woman is somehow better,” Ulrich notes. “Having two definitions can only be intended to create hierarchy. Furthermore, this policy forces people to ‘out’ themselves whenever they specify their marital status in any official form. This often leads to discrimination, and even if it does not, people should have the choice where and how to reveal their sexual identity.”

The Federal Constitutional Court in Karlsruhe has emphasized several times the need for more equality, and the 2013 coalition agreement between the SPD and CDU even promised to implement that, but it was only after the Irish acted that the German discussion was reawakened.

Yet Merkel remains adamant. “We, in Germany have to find our own way. Non-discrimination against civil partnerships is the clear goal of the government’s policy,” spokesperson Steffen Seibert assured reporters, while admitting that “it isn’t equal to marriage… Putting it on the same footing as marriage is not on this government’s agenda.”

On Friday the issue reached the doorstep of the Bundesrat, the upper house of the German parliament, as it did in 2013. Representatives of all 16 federal states were asked to vote on the initiative to amend the Civil Code to provide complete marriage equality and full adoption rights for same-sex couples. The bill passed, as it did last time, compelling the MPs to discuss the issue further. “We do not need half-solutions but clear rules in the constitution,” declared its initiator, Thuringia’s Prime Minister Bodo Ramelow of the Left.

All nine non-CDU governed states supported the call to end discrimination, with gay-friendly Berlin Mayor Michael Müller (SPD) forced to abstain, constrained by local coalition agreements with the CDU. Müller remained vague about his vote before Friday, prompting Conservative party leader Frank Henkel to insist on surveying the attitudes of 12,500 Berlin CDU members before deciding on the issue, and to threaten the mayor with a coalition crisis if he refuses to get in line.

Yet even with the Berlin crisis averted and the upper house’s approval, the proposal is not expected to yield anything more than another parliamentary debate resulting in a vote against. A draft bill of the Green party “to abolish the marriage ban for same-sex couples” introduced Wednesday at the Bundestag, is also not expected to be more than a symbolic move. “Nevertheless this puts Chancellor Merkel again under immense pressure,” emphasizes Ulrich. “Our goal is to create debate and to keep pushing and who knows? This time might be different. The decision in Ireland was also a surprise.”

So far, the only concrete change since the Irish resolution is semantic: Canceling the distinction between marriage and partnership in 23 laws and regulations by adding the wording “spouse/life partner.” This step, which was approved two weeks ago by the Bundestag, was initiated by Justice Minister Heiko Maas (SPD). He dubbed this a “step on the road to full equality,” explaining that full equality is impossible to achieve in the current political coalition.

In response, deputy FDP chairman, Katja Suding, accused the SPD of hiding behind the position of its coalition partner. “In Ireland it was actually the conservative ruling party which wanted to expand the Marriage Law,” she said.

“Achieving equality now is totally possible,” disagrees Ulrich. “They just need to have some courage. They can allow the MPs to vote as they wish, regardless of their party’s position. Another solution is to have more conservative politicians stand up and say, ‘I think it’s wrong what we are doing right now. We may be the minority, but it’s a matter of human rights.’ Public support shouldn’t be a requirement for doing the right thing.”