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Pension Rights to Partners in Same-Sex Unions

EU Court Grants
Pension Rights to Partners in Same-Sex Unions

European Union nations that recognize same-sex unions as legal marriages must grant surviving partners the same pension rights as those given in traditional marriages, the EU Court of Justice ruled Tuesday. The Luxembourg-based court ruling was seen as a victory for a German man who was denied his partner's retirement plan payments after his partner died in 2005. The EU court said the pension plan had discriminated against the man on the grounds of sexual orientation because the men's relationship had been recognized under German law as a legally registered life partnership equivalent to a traditional marriage.

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European Union nations that recognize same-sex unions as legal marriages must grant surviving partners the same pension rights as those given in traditional marriages, the EU Court of Justice ruled Tuesday.

The Luxembourg-based court ruling was seen as a victory for a German man who was denied his partner's retirement plan payments after his partner died in 2005.

The EU court said pension plan had discriminated against the man on the grounds of sexual orientation because the men's relationship had been recognized under German law as a legally registered life partnership equivalent to a traditional marriage.

The court did not say, however, that all 27 EU nations must recognize same-sex unions, only that if they did they must grant life partners the same benefits.

Today, 10 EU nations do not recognize same-sex partnerships at all: Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, and Ireland, according to the European branch of the International Lesbian and Gay Association. France and Italy grant them very limited rights, the group said.

But elsewhere in the EU -- notably in the Netherlands, Denmark, and Sweden -- life partnerships have acquired considerable social rights in the last 20 years. (AP)

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