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German state drops gay marriage legal challenge as they have ‘no chance of winning’

German state drops gay marriage legal challenge as they have ‘no chance of winning’

The local CSU party did want the challenge the gay marriage for all bill' | Instagram: mrtheodoreweddings

A conservative-leaning state in Germany has dropped plans to challenge gay marriage equality laws for same-sex couples.

Germany brought the laws in last year giving same-sex couples full marital rights and allows them to adopt children.

And now Bavarian state government, run by the CDU’s sister party in the area the CSU, announced on Tuesday they would not make the challenge to Germany’s marriage equality law.

Speaking to Gay Star News, Claudia Stamm an independent in the Bavarian government says:

‘According to the legal reports the chances of a successful lawsuit against the “legality of the marriage for all bill” are very small. Therefore, the government of Bavaria decided to not file the lawsuit against the decision of the federal government.’

Stamm also says the report cost the Bavarian Government €40,000 ($50,000, £36,000):

‘This money was ill spent. There is enough marriage for all of us. This is a victory for LGBTI people in Bavaria, Germany and hopefully in other parts of the world.’

393 politicians voted for marriage equality, while 266 voted against including the Chancellor Angela Merkel.

But Merkel did remove the whip from her Christian Democratic Union, allowing members of parliament to ‘vote with their conscience.’

The Bavarian state who wanted to challenge this decision then sought legal advice. With the advice they had ‘little chance of winning’ their case – they decided to drop their legal challenge.

The legal advice was outlined in documents published on the local government’s website.

The Bavarian Minister of Justice Winfried Bausback says:

‘After an overall assessment, the prospects of a lawsuit before the Federal Constitutional Court are considered to be low,’ according to Queer.De.

Anti-gay marriage challenge dropped: welcomed by local activists

Local LGBTI activists and politicians are welcoming the move.

Isabell Zacharias, the spokeswoman for the SPD parliamentary group, says:

‘This decision is unfortunately only the result of a purely legal assessment. Politicians still have a strong opposition to the equality of homosexual partnerships.’

The local far-right AfD remain opposed. Moreover, in a Facebook post, they criticised the once ‘Bavarian Lions’ for now being ‘whimsical kittens’ after withdrawing the plans.

The national arm of the AfD party in Germany can not currently challenge the law Germany’s federal parliament, the Bundestag, as they do not have the required numbers.

Same-sex couples in Germany have been able to have civil partnerships since 2001, but until last year same-sex marriages were possible.

The German legal code now defines marriage as a partnership ‘for life by two people of different or the same sex’.

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