The Austrian Supreme Court has ruled that a transsexual applicant is not the official change of sex in the birth register may be denied. In all shortly : So far, this correction refused on the grounds that the applicant eventually married and same sex marriage thus formally would be. Under the principle "It can not be, what must not be" banned the adoption of transgender official correction of the sexual state when the / the applicant is married. Formally, the applicant had to stay a man, even if they lived for some time as a woman. This decree gave the highest judicial knowledge now to case. For me, the current legal status in Austria is more than questionable. Under Austrian law, there are the free basic law of contract between consenting citizens, unless the contract is unconscionable. Since marriage is nothing more than a contract between two consenting people, it should in principle accessible to everyone be. But there is suddenly special rules that exclude same-sex
partnership. Fortunately, no one knows in Austria anyway the marriage law, with its obscure obligations, otherwise the marriage would be even more sharply. In theory, but everyone should go with someone a free prenuptial agreement. Immoral can hardly come into play when two people want to protect their life together by contract. To consider I also want to make that marriage as a mass phenomenon, a phenomenon of the 20th Century. Previously, to marry is not the majority of the population allowed. Only free and financially independent men were allowed to take a wife. Slaves, servants, and many women and unfree workers were prohibited from marriage. And yet when - as is required by nature - an illegitimate child was born, the woman and the child was outlawed. So marriage was to the 19th Century concept of a patriarchal feudal society, the rule of man over the woman and her offspring cemented. With the general democratization and the marriage gradually became "democratized". In this respect, it is questionable whether the concept of marriage at all fit in a modern society that is in any case by the progressive deregulation anything but supportive family. Families need a common rhythm with shared time and activities. And they need a conducive environment. Both are given less and less as the economy and trade all such structures are destroyed gradually. So we almost have to look for alternative models (such as cybersex?)!
Nevertheless, the fact remains that the discussion around same-sex marriage are really pointless, as the Austrian basic law actually guarantees the freedom of contract law.
The reality is the way the common law practice, long out of date anyway!
