Statement of HOSI Linz on the Question of Legalising Same-sex Partnerships

HOSI Linz has become convinced that it is better not to be too much in favour of the model of marriage (not even the Scandinavian or Netherlands type of it), but rather to be inclined towards the French model (PACS) for the following reason. Opening up marriage for lesbians and gays would imply for them to get under the fairly conserva-tive regulation of divorce. As achieving such an outcome appears to be politically unfeasible, anyhow, a proper regulation is expected for lesbians and gays.

In this case, the chance of creating a completely novel and modern legal institution, would arise - a regulation that would take account of the reality of lesbian and gay life and bring about the advantages of marriage (acceptance by the law, conse-quences in terms of social insurance law, tax law, law of inheritance, the law govern-ing tenancy etc.) but avoid its disadvantages (who wants to have to wait for his or her divorce for three years?). One could outline a legal framework within which lesbians and gays would be allowed to regulate their proper relationships rather freely. Of course, this kind of legal institution should be finally accessible also for heterosexuals so that, in a sense, a third alternative being located between the traditional marriage and the existing relationships could come into being.

Nonetheless, HOSI Linz supports the common demands of the Austrian lesbian and gay movement in the form in which they were passed in Graz on 28 October 2000:

• the eligibility of same-sex couples to all conjugal rights and duties
  
• an equal treatment of different-sex and same-sex partnerships without a marriage certificate
  
• at the same time the swift legal improvement of marriage and non-marriage part-nerships according to the principles of personal autonomy, the spirit of together-ness and equal treatment

The Plenary of HOSI Linz, 23 and 30 October 2000