European court could rule traditional marriage benefits discriminatory

Legal experts warn that a European court is on the verge of deciding that Germany’s privileged legal status for traditional marriage violates European Union law.

An Advocate General for the European Court of Justice, which is the highest court in matters of European Union law, issued an opinion to the court which states 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.

While the opinion of the Advocate General, one of eight that assist the court, is not binding on the court, the opinions are almost always followed.

A leading Austrian homosexual rights activist has called the Advocate General’s opinion “groundbreaking”. “If the ECJ follows it, all 27 member-states will have to grant same-sex couples access to all the employment benefits married couples enjoy, no matter if they allow registered partnership or not,” said Dr. Helmut Graupner. Read more