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The Court held that the provisions violate the prohibition of discrimination in the equality clause of the Federal Constitutional Law. The annulment of the provisions takes effect on December 31, The remaining provisions of the Registered Partnership Act will remain in force.

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Starting January 1,same-sex couples and different-sex couples will have the option to choose between a marriage and a registered partnership. VfGH, Dec. The VfGH held that even though there are no substantial differences between the two legal institutions of marriage and registered partnership in Austria, the fact that two different legal institutions with different names exist constitutes discrimination.

Having two different legal institutions ifies to the public that same-sex relationships are different from different-sex relationships. Having a different name for the marital status discriminates against same-sex couples by forcing them to reveal their sexual orientation even in situations in which sexual orientation is irrelevant, thereby aggravating the historical discrimination against same-sex couples.

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The city and the Court denied the request on the grounds that section 44 of the Civil Code restricts marriage to persons of different sexes. The couple filed a complaint with the Constitutional Court alleging a violation of their right to marry and their rights to equal treatment and nondiscrimination on the grounds of gender and sexual orientation, as guaranteed by the European Convention on Human Rights, the Federal Constitutional Law, and the Basic Law on the General Rights of Nationals; they also alleged a general violation of their rights by the application of an unconstitutional law.

The VfGH decided to examine the constitutionality of the provisions of the Civil Code and the Registered Partnership Act on its own initiative ex officiobecause it would have had to apply the two laws in connection with addressing the pending complaint by the same-sex couple.

Federal Constitutional Law, art.

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Same-sex marriage in Austria