German Court Rules on Gay Inheritance Tax

While the U.S. falls further and further behind on gay rights in comparison with the rest of the world on an almost daily basis, many other countries are forging forward with protections for their LGBT citizens.

Germany is no exception as the country’s Federal constitutional court (Germany’s equivalent to the U.S. Supreme Court) ruled earlier today that same-sex couples who are in legal civil unions are entitled to the same inheritance tax rules as married heterosexual couples, something that is viewed favorably by Germany’s LGBT community.

The court ruled in favor of two plaintiffs after each had lost their partner and contested the law that required them to pay the same inheritance tax that distant relatives the deceased have to pay on inheritances.

The court found no valid reason to discriminate against gay couples in registered partnerships. Although many think civil unions are equal to marriage, this is one reminder that they are not as the same holds true in U.S. law.

Prior to today’s ruling, a heterosexual spouse was required to pay an inheritance tax between 7% and 30% where as same-sex partners were subject to a tax 17% and 50%