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By joining the European Union on May 1 2004, all Maltese and Gozitans have gained the freedom to reside and work in any of the 25 EU member states. This means that it has become easier for Maltese gays and lesbians seeking legal recognition for their love, to settle in one of the 15 European countries which recognises gay unions.
Austria
Following the decision of the European Court of Human Rights in the case of Karner v Austria in 2003, cohabiting same-sex partners are entitled to the same rights as unmarried cohabiting opposite-sex partners.
Belgium
In November, 2002, The Belgian senate approved a bill to recognise same-sex marriages.
Denmark
In 1989, Denmark became the first country to institute legislation granting registered same-sex partners the same rights as married couples. The law states that all legislation referring to ‘marriage’ or ‘spouse’ be read to include registered same-sex partners. A registered partner in a same sex couple can adopt the other partner’s child.
Finland
The Finnish parliament approved a law granting gay men and lesbians the right to obtain some, but not all the rights of married couples.
France
Through the domestic partnership law same sex couples can form Civil Solidarity Pacts in a local courthouse, and receive similar marriage rights such as inheritance, tax, and housing. A commitment ceremony could then take place afterwards, with a religious or non-religious theme.
Germany
In 2001, the Red-Green German government enacted a law that allows same-sex couples to register for “life partnerships”. Registered partners are able to change their last names. The law allows for joint custody over the child for whom one partner already has custody and allows gays and lesbians to adopt each other’s children. It also grants recognition of next-of-kin rights and survivor’s pension right.
Hungary
In the wake of EU negotiations a law was passed in 1996 granting gay couples inheritance and pension rights, but the law doesn’t allow adoptions.
Ireland
A Civil Partnership Bill granting same sex couples legal recognition has been initiated in parliament.
Luxembourg
A registered partnership act was approved on 12 May 2004. It applies to both same sex and opposite sex couple. The law grants the same rights as married couples in relation to access to welfare benefits.
Netherlands
Dutch law grants same sex couples the same rights as heterosexual couples. Full marriage was introduced in 2001.
Portugal
In March, 2001 a law was approved granting lesbian and gay couples who have lived together for more than two years the same rights as heterosexual couples in common law marriages.
Poland
A Registered Partnership Bill was approved by upper house of parliament in December 2004.
Spain
Spain has joined Belgium and Holland in introducing gay marriages. Spain is also the first EU country to grant gays and lesbian couples the same adoption rights enjoyed by other couples.
Sweden
The Registered Partnership Act of 1994 grants same sex couples a full range of protections, responsibilities and benefits as marriage, including arrangements for the breakdown of the relationship.
UK
The Civil Partnership Act approved in 2004 grants same-sex partners all the same rights and responsibilities as married couples. Registrations will start in December 2005. British gays and lesbians would be free to change their surname to their civil partner’s if they so wished. Gays in same sex partnerships will be able to apply to adopt their partner’s son or daughter.
No Gay Areas
On the other hand 10 EU member states do not recognise any form of gay marriage or civil partnership. The less gay friendly states in the EU are: Slovenia, Slovakia, Lithuania, Latvia, Estonia, Italy, Greece, Czech Republic Cyprus and Malta.
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