Vom Verbot zur Gleichberechtigung - Hirschfeld-Eddy-Stiftung

94
It is a fundamental value of modern democracy that faith groups should not be forced to
recognise and celebrate marriages that contradict their religious beliefs. However, the
legal framework of marriage provided by the State does not intend to impose a definite
view of what is the ‘right kind of marriage’ upon everyone. The marriage framework
solely deals with State recognition of relationships and their legal consequences and
leaves it to individuals and social groups where they want to make use of it.
But without such a legal framework it is not only legal recognition which is lacking, but
also another fundamental element of freedom: the freedom to choose this framework
for oneself and one’s partner – or not to choose it, as the case may be. Allowing everyone
this freedom does not, in any way, infringe anyone else’s freedom or understanding
of marriage. Hence it should be open to the State to extend the legal framework of
marriage to include same-sex couples.
English translation: Dr. Jens M. Scherpe