It was not so long ago that "homosexual acts" were still a criminal offense in the Criminal Code. Only in 1994 was paragraph 175 deleted without replacement. This was a milestone on the way to equality of homosexuals.
On Sunday, another step follows, for which gays and lesbians have fought for decades - in spite of all resistance and harassment: From this day, gay couples may marry in Germany. No registered civil partnership anymore, where you could already read by the term that it was not equivalent to the marriage.
What does the step mean? The most important questions and answers.
What exactly changes?
An amendment has been passed in the Civil Code, which comes into force on 1 October. Paragraph 1353 then reads: "Marriage is made by two persons of different or the same sex for life." So not only men and women are allowed to marry.
What was the legal situation for gays and lesbians so far?
Since 2001, homosexuals in Germany could register only one civil partnership officially. Differences to marriage, for example in tenancy, inheritance and tax law, were indeed eliminated over the years - often only at the behest of the Federal Constitutional Court. But there were disadvantages. The biggest was last, that life partners were not allowed to adopt children together.
Are adoptions allowed from October?
Yes. A change of the adoption right is not necessary for this. Because there, the guidelines are generally attributed to married couples. As soon as a gay or lesbian couple is married, the spouses can adopt a child together like heterosexual couples - if they fulfill the necessary conditions.
Will life partners automatically become married people on October 1st ?
No. The conversion is only on request. Both partners must declare together at the registry office that they want to marry in the future.
Will life partnerships be registered in the future?
No. The law on the opening up of marriage states: "Life partnerships can no longer be established as of the entry into force of this law." However, already registered civil partnerships remain if the persons concerned do not apply for conversion into a marriage.
How many couples are you?
According to the latest microcensus 2015, around 94,000 homosexual couples lived together in Germany, 43,000 of them in registered life partnerships. According to a survey of civil registry offices, there are more registrations for transformations of existing registered partnerships than for new marriages.
Are there any practical problems with the conversion?
In the marriage registers, same-sex marriage can not be properly recorded until 1 November 2018. Until then there are, according to the Interior Ministry, only the previous entries "husband" and "wife". This means that for gay and lesbian couples, one of them will be sorted in the wrong place for the time being. Gerhard Bangert of the Federal Association of German civil registrars speaks of a failure in the legislative process. The wedding ceremonies of gay and lesbian couples from 1 October, this formal problem is not in the way.
Why did the law come so suddenly after decades of discussion?
At the end of June Chancellor Angela Merkel (CDU) surprisingly moved away from the clear no of the CDU on this question and suddenly spoke of a conscientious decision. The other factions in the Bundestag then put pressure to reach a quick decision in the Bundestag. Shortly thereafter, the Parliament voted by open vote by a large majority for the opening of the marriage.
Can the whole thing still fail?
Bavaria is considering a lawsuit in the Federal Constitutional Court. The CSU state government there has doubts about the constitutionality of the law. On their behalf, experts are now to clarify the legal situation - and the potential opportunities for a lawsuit in Karlsruhe. Whether the law ends up in court is still unclear. And even if: gays and lesbians can in any case marry from now on.
The long way to marriage for all
1969 - Homosexuality among adult men is unpunished
Homosexuality among men over 21 years is unpunished in the Federal Republic.
1973 - Reduction of the age limit
Homosexuality among men 18+ is punishable.
1994 - Paragraph 175 is deleted
Paragraph 175 of the Criminal Code is finally abolished.
August 2001 - Life Partnership Act enters into force
Gay couples can form a registered partnership. But they are not legally equal to marriage. For example, they are not allowed to adopt children together.
July 2002 - Federal Constitutional Court confirms partnership law
The Federal Constitutional Court declared the law to be constitutional. It is compatible with the special protection of marriage enshrined in the Basic Law.
January 2005 - Life partners get more rights
The rights of life partners are significantly strengthened by law. Among other things, they are allowed to adopt the child's biological children.
February 2013 - Federal Constitutional Court extends adoption law
The court that also adoptive children of the partner may be adopted.
May 2013 - Unconstitutional discrimination
The tax differential treatment of registered civil partnerships and marriages in spouse splitting are unconstitutional in the view of the Federal Constitutional Court.
June 2017 - Bundestag decides marriage for all
The Bundestag passes the law on the opening of marriage for same-sex couples. Remaining unequal treatment as in the adoption law will be eliminated.
October 2017 - marriage for all takes effect
The law on opening marriage for same-sex couples comes into force.