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Civil unions in Luxembourg

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Title: Civil unions in Luxembourg  
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Subject: Civil Partnership Act 2004
Publisher: World Heritage Encyclopedia

Civil unions in Luxembourg

Legal recognition of
same-sex relationships


Not yet in effect

  1. Valid in all 31 states
  2. No statewide law governs same-sex marriage; counties issue under their own volition or court order
  3. If performed in the Netherlands
  4. For succession purposes; if perfomed in the United Kingdom
LGBT portal

Partnerships (partenariats) for same-sex and opposite-sex couples were legalised in Luxembourg through legislation in July 2004, which took effect on 1 November 2004. They have many of the rights of marriage in relation to access to welfare benefits and fiscal advantages but not the same as marriage. They do not give the right to jointly adopt children.[1][2][3] Legislation allowing for same-sex marriage has been pending for several years.

Same-sex marriage

The ruling Christian Social People's Party until 2009 was opposed to same-sex marriage, even though the Prime Minister, originating from the same party, has expressed his personal support.[4] In July 2007, the motion calling for legalisation of same-sex marriage was rejected by parliament, on a 38-22 vote.[5]

In July 2009, the Government of Luxembourg, led by Jean-Claude Juncker, announced its intention to legalise same-sex marriage.[6][7] During a debate on 19 January 2010, the Minister of Justice, François Biltgen announced that a law to legalise same-sex marriage (with exception of certain adoption rights) would be finalized before the summer vacation break of the parliament.[8][9] On 9 July 2010, the government accepted the bill;[10][11][12][13] on 10 August 2010, it was submitted to the parliament.[14]

In May 2012, the bill was re-drafted and the vote was not expected at least until 2013.[14][15][16] On 27 November 2012, the Council of State delivered a negative response to the bill, but asked the Parliament to open a debate on the topic if it moved to vote on the bill. Some members of the Council submitted separate opinion supporting the bill.[17]

On 6 February 2013, the Chamber's justice committee agreed to approve the measure opening marriage for same-sex couples.[18] On 20 February, the committee initially backed the right to simple adoption for same-sex couples, but restricting plenary adoption to opposite-sex couples.[19][20] On 6 March 2013, the committee confirmed that position.[21][22] However, on 4 June, the Council of State issued a second review, rejecting the compromise to allow simple adoption for all couples while restricting plenary adoption to opposite-couples only.[23][24] On 19 June 2013, the justice committee decided to back full adoption rights for same-sex couples. The bill was expected to be voted on by the parliament in the autumn,[25][26] however a further delay was caused by the elections in October 2013 following the resignation of the Luxembourgish government.[27]

Public opinion

A 2006 Angus Reid Global Monitor poll found that 58% of Luxembourgers supported same-sex marriage.[28]

An April 2013 Polimonitor survey commissioned by the Luxemburger Wort and RTL found support for same-sex marriage at 83% and for same-sex adoption at 55%.[29]

See also


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