Tag Archives: westerwelle

Germany

Germany could achieve marriage equality by week’s end

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Germany is, by far, the largest and most important European country that hasn’t yet adopted universal recognition of same-sex marriage. (Adam Berry / Getty)

The last time that the Brandenburg Gate was alight in LGBT rainbow colors, it was to commemorate the mass shooting of 49 revelers at Pulse nightclub in Orlando.

But there’s a good chance that, by the end of this week, it could be illuminated again when German legislators — quite suddenly — take up marriage equality in what will be a free vote of conscience for all members of the Bundestag, the lower house of the German parliament.

As Friday is the final day in legislative session for the Bundestag, German chancellor Angela Merkel has acquiesced to the vote after facing pressure from each of the three parties that could coalesce with Merkel after the September 24 federal elections. Freed from the strictures of party discipline, many of Merkel’s conservatives are expected to join with marriage equality proponents on the center and left for an easy majority.

Within days — or even hours — the Bundestag is likely to legalize same-sex marriage. Just like that. Ehe für alle, marriage for all, will become a reality in the country of 82 million.

It’s a win-win-win. Merkel takes a long-contentious issue off the agenda for the election campaign, despite the fact that LGBT marriage rights are an issue that deeply divide her party. Merkel’s opponents can claim that their leadership forced Merkel into a retreat on the issue. Both sides see advantages for the campaign ahead. And, of course, for same-sex couples in Germany, their unions will finally be recognized on the same scale as other marriages.

For years, even as the United Kingdom, Ireland, France, Spain, Portugal and the Nordics all implemented full recognition of same-sex marriage, Germany lingered in an odd limbo. Due to the socially conservative views of many members of chancellor Angela Merkel’s center-right Christlich Demokratische Union (CDU, Christian Democratic Union), same-sex marriage hasn’t exactly been at the forefront of the German legislative agenda since Merkel took power in 2005. Many CDU politicians are still uncomfortable with LGBT marriage on religious grounds, and that’s doubly true for the CDU’s Bavarian sister party, the Christlich-Soziale Union (CSU, Christian Social Union), which historically is highly influenced by social conservatism and the teachings of the Catholic Church. Continue reading Germany could achieve marriage equality by week’s end →

European Union, Ireland

After Irish vote, what next for same-sex marriage in Europe?

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There’s no doubt that the landmark vote in Ireland on May 22, the first such referendum where a popular majority enacted same-sex marriage, has been received as a huge step forward for marriage equality and LGBT rights in Europe.Ireland IconEuropean_Union

While the United States supreme court is set to rule later in June on marriage equality as a legal and constitutional matter within all 50 states, it may feel like a watershed moment in Europe as well, where French president François Hollande and the center-left Parti socialiste (PS, Socialist Party) and British prime minister David Cameron and the Conservative Party both swung behind legislative efforts to enact same-sex marriage, in 2013 and 2014, respectively.

Luxembourg’s prime minister Xavier Bettel officially married his own partner in May, but it was only six years ago that Iceland’s Jóhanna Sigurdardóttir became the world’s first openly LGBT head of government, followed shortly by Belgian prime minister Elio Di Rupo.

Yet the lopsided Irish referendum victory — it passed with 62.07% of the vote and the ‘Yes’ camp won all but one constituency (Roscommon-South Leitrim) — obscures the fact that additional marriage equality gains across the European Union will be slow to materialize. Leave aside the notion, now reinforced by Ireland, that the human rights of a minority can be legitimately subjected to referendum — a precedent that Europeans may come to regret. Amid the recent burst of marriage equality in Europe, the immediate future seems grim.

Nowhere is that more true than just next door in Northern Ireland, which is the only part of the United Kingdom that doesn’t permit same-sex marriage. With the Protestant, federalist electorate dominated by the socially conservative Democratic Unionist Party (DUP), one of western Europe’s most harshly anti-LGBT political parties, there’s little hope that Northern Ireland will follow in the footsteps of England, Scotland and Wales. At the end of April, Northern Irish health minister Jim Wells was forced to resign after suggesting same-sex couples were inferior parents. It’s home to the late Ian Paisley’s ‘Save Ulster from Sodomy’ campaign in the late 1970s, and it’s where sexual relations between two consenting same-sex partners were illegal until 1981, when the European Court of Human Rights ruled that Northern Irish law violated the European Convention on Human Rights.

But Northern Ireland is not alone in its reticence — marriage equality faces long hurdles in some of the European Union’s most important countries, including Germany, Italy and Poland.

The irony is that despite Europe’s leading role two decades ago on LGBT marriage rights, the United States could eclipse Europe with the supreme court’s ruling in Obergefell v. Hodges, as the European Union struggles for years to enact consistent marriage equality legislation. Continue reading After Irish vote, what next for same-sex marriage in Europe? →

Germany, Hesse

German election results — federal Bundestag and Hesse state results (in five charts)

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Election officials released provisional results overnight in both the federal Germany election to determine the makeup of the lower house of Germany’s parliament, the Bundestag, and the Hessian state elections.Germany Flag Iconhesse flag

Here’s where things stand in the total national ‘party vote’:

bundestag2013

As predicted by exit polls earlier Sunday, neither the new eurosceptic party, the Alternative für Deutschland (AfD, Alternative for Germany) nor the longtime liberal Freie Demokratische Partei (FDP, Free Democratic Party) won more than 5% of the vote — meaning that they have not won any seats in the Bundestag.

The final total won by chancellor Angela Merkel’s Christlich Demokratische Union Deutschlands (CDU, Christian Democratic Party) — together with the Bavarian Christlich-Soziale Union in Bayern (CSU, the Christian Social Union) — comes to 41.5%.  That’s exactly the same percentage that the CDU/CSU and chancellor Helmut Kohl won in the 1994 German elections, and it’s just 2.3% less than Kohl’s total in the 1990 elections, which came in the aftermath of the largely successful reunification of West Germany with East Germany.  It’s an absolutely huge win for Merkel — but we already knew that as polls closed Sunday.

Here’s a look at how Sunday’s election result compared to the previous elections in September 2009:

versus2009

There are no absolutely clear winners except the CDU/CSU, which improved on its 2009 totals by a staggering 7.8% — including a nearly 1% improvement by the CSU (which is pretty incredible, given that the CSU seeks votes solely in Bavaria, home to just 12.5 million of Germany’s 80 million residents).

The FDP obviously had a disastrous result — the party’s worst result in Germany’s postwar history, which comes after its postwar high of 14.6% just four years ago.  Both leading FDP figure and economics and technology minister Rainer Brüderle, party leader and vice chancellor Philipp Rösler and former party leader (until 2011) and foreign minister Guido Westerwelle are all likely to step aside from their top leadership positions.

The center-left Sozialdemokratische Partei Deutschlands (SPD, Social Democratic Party) improved slightly on its 2009 result, which was a postwar low for the party under chancellor candidate Frank-Walter Steinmeier, who served as foreign minister in the 2005-09 CDU/SPD ‘grand coalition’ government.  But the SPD’s performance under its 2013 candidate Peer Steinbrück, who served as Merkel’s grand coalition finance minister, was its second-worst result in postwar German history.

Die Grünen (the Greens) also suffered a retreat from its 2009 totals and especially from polls in 2011 that showed them winning between 20% and 25% of the vote.  The poor result follows an unfocused campaign with at least four different leaders.  The Green platform swung from promoting ‘Veggie Day’ to advocating tax increases, despite the fact that its electorate is becoming more moderate, less radical, older and wealthier.

Die Linke (the Left) appears to have retained its traditional strength as the second-most popular party in the eastern states (second to Merkel’s CDU), but it has also lost support since 2009.  Though its leaders were crowing that it will be the third-largest party in the Bundestag for the first time since reunification, the CDU appears to have made significant inroads into the Left’s eastern heartland.

Though the AfD had a superb performance, it obviously fell 0.3% short of entering the Bundestag and, while it will work hard to retain relevance in next spring’s European elections, it’s difficult to tell if it can retain and grow its strength between now and 2017.

Here’s the breakdown of the seats in the Bundestag — due to so-called ‘overhang seats’ resulting from the way in which additional seats are allocated to bring seat totals in line with the ‘party vote,’ there are 630 seats:

bundestag seats

With 311 seats, Merkel is five seats short of an absolute majority.  Without the option of her previous coalition partner, the FDP, it means that she has three options: Continue reading German election results — federal Bundestag and Hesse state results (in five charts) →

Bavaria, Germany

FDP shut out of Bavarian parliament, CSU wins absolute majority

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The result of today’s state elections in Bavaria has both good news and bad news in terms of Angela Merkel’s hopes to win a third term as chancellor in exactly one week.bavarian_flag_iconGermany Flag Icon

With results still coming in, the center-right Christlich-Soziale Union in Bayern (CSU, the Christian Social Union) will improve vastly upon its historically poor result in the prior September 2008 election, giving Bavaria’s minister president Horst Seehofer (pictured above) an absolute majority in the 187-member Landtag, Bavaria’s unicameral state parliament.

The current projection gives the CSU 101 seats, with just 43 seats for the center-left Sozialdemokratische Partei Deutschlands (SPD, Social Democratic Party) and 18 seats each for Die Grünen (the Greens) and the center-right group of independents, the Freie Wähler (FW, Free Voters).

Here’s the latest snapshot of the result:

bavaria2013

That’s great news for the CSU, which has controlled Bavaria’s state government consecutively since 1947.  The Bavarian-based CSU is the sister party of Merkel’s Christlich Demokratische Union Deutschlands (CDU, Christian Democratic Party), which competes everywhere else in Germany, and the two parties work together as a union for federal political purposes.  So the fact that the CSU increased its support by over 5% in what was already a center-right heartland is a sign that Merkel will be able to drive up the number of seats that the CDU/CSU will win in next week’s federal elections.

It’s an amazing turnaround for the CSU, which won less than 44% five years ago and was polling just 40% as recently as 2010.  It’s a huge win for Seehofer personally as well, given that his personality dominated the CSU’s presidential-style campaign, the same tactic that Merkel and the CDU have deployed for next week’s federal elections.  It puts Seehofer alongside recent CSU leaders who have dominated Bavaria’s recent past, such as Franz Josef Strauß in the 1970s and 1980s and Edmund Stoiber in the 1990s and 2000s.  Given the relative strength of the Bavarian economy vis-à-vis Germany and, especially vis-à-vis Europe, the CSU’s win is not surprising — Bavaria’s reputation long ago solidified its image as the land of laptops und Lederhose.

But it’s horrible news for the liberal Freie Demokratische Partei (FDP, Free Democratic Party), which won just 3.2% today, falling far short of the 5% threshold required to win seats in the Landtag.

Seehofer and the CSU depended on a governing coalition with the Free Democrats for the fast five years, and Merkel and the CDU/CSU govern in coalition with the Free Democrats at the federal level as well.  Since riding a wave of popularity in the late 2000s (the Free Democrats won nearly 15% of the vote in the 2009 federal elections), its public support collapsed shortly thereafter.  After a series of poor performances in state elections, foreign minister Guido Westerwelle stepped down as the party’s leader.  But its new leader Philipp Rösler, Germany’s first Vietnamese-born party leader, has hardly done much better.  Under his leadership, though, the Free Democrats actually gained support in two key state-level votes — in the May 2012 North Rhine-Westphalia election and the January 2013 Lower Saxony state elections.

The FDP’s loss in Bavaria comes at a devastating time, however.  Seehofer and the CSU in Bavaria will no longer need a coalition partner, but that’s not likely to be the case for Merkel next week, so Merkel needs the Free Democrats to perform much better nationwide in seven days.  While Merkel’s CDU/CSU widely leads in the polls in advance of next week’s federal election, Merkel is unlikely to win the kind of outright majority that Seehofer won today (because the rest of Germany tilts further to the center and to the left than the Catholic, socially conservative Bavaria).  Just as for Bavaria’s state elections, there’s a 5% threshold for winning seats on the basis of proportional representation in the Bundestag, the lower house of Germany’s national parliament, and polls show the Free Democrats treading at about 5% support nationally.

So if the Free Democrats win less than 5% next week, Merkel will be forced to look to other alternatives: an unstable minority government, return to a ‘grand coalition’ with the rival Social Democrats or a more creative solution, such as a ‘black-green’ coalition with the Greens.  Even if the Free Democrats win more than 5%, their ranks are likely to be so decimated that Merkel may be forced into an alternative anyway.  Continue reading FDP shut out of Bavarian parliament, CSU wins absolute majority →

Germany

Assessing the potential coalitions that might emerge after Germany’s federal elections

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roslerFDP

With now less than 40 days to go until Germany’s federal elections, polls show that chancellor Angela Merkel is by far the most popular candidate to return as chancellor and her party, the Christlich Demokratische Union (CDU, Christian Democratic Union), will clearly be the largest bloc in Germany’s Bundestag after the election. Germany Flag Icon

Polls have been remarkably consistent throughout much of the year leading up to the September 22 vote.  The center-right CDU, together with its Bavarian sister party, the Christlich-Soziale Union in Bayern (CSU, the Christian Social Union), overwhelmingly leads Germany’s largest center-left party, the Sozialdemokratische Partei Deutschlands (SPD, the Social Democratic Party), and voters overwhelmingly prefer Merkel to the SPD’s candidate for chancellor, Peer Steinbrück — by a nearly two-to-one margin.  Here’s the trendline from Infratest dimap, which released its latest poll this week:

chancellorgraph

This week’s news that Germany leads GDP growth in the eurozone, which itself pulled out of recession in the second quarter of 2013, will only buoy Merkel’s chances.  Barring a huge shift in public opinion that has only calcified over the past year, Steinbrück, a bland technocrat who comes from the right wing of the SPD and who served as finance minister in the ‘grand coalition’ government of 2005 to 2009, will lead the SPD to a loss of nearly historic proportions.  But while that means Merkel is very likely to return as chancellor, the composition of Merkel’s third government is less certain.

That’s because support for Merkel’s current coalition partners, the free-market liberal Freie Demokratische Partei (FDP, Free Democratic Party), has collapsed since the previous September 2009 election, when it won 14.6% of the vote and 93 seats in the Bundestag, a record-high electoral performance for the party.  But since 2009, the FDP has struggled to maintain a presence in local Germany elections, losing support in state after state.  Its decade-long leader Guido Westerwelle, the first openly gay party leader in German history, stepped down in April 2011 as party leader and vice chancellor (though he remains foreign minister) after the FDP won barely 5% in the state elections of Baden-Württemberg.  His successor as FDP leader is the Vietnamese-born Phillip Rösler (pictured above), who began his career in Lower Saxony (Niedersachsen) and who had served previously as health minister in the CDU/FDP coalition government from 2009 to 2011.

Although Rösler has not lifted the FDP back up to its 2009-level heights, he has managed to staunch the party’s decline.  In the May 2012 elections in North Rhine-Westphalia, Germany’s most populous state, the FDP managed to win 8.6% of the vote, an increase of nearly 2% from the previous election, though that’s largely due to the popularity of Christian Lindner, who led the FDP’s 2012 campaign.  More recently, though, in Lower Saxony’s state election in January 2013, the FDP won 9.9% of the vote, a gain of 1.7%.

It’s also because Germany’s electoral system is notoriously complex.  Germans will actually cast two votes in September — the first is for a candidate to represent one of 299 electoral districts in Germany, the second is for a German political party.  The second ‘party vote’ is meant to determine the party’s ultimate total share of seats in the Bundestag, and so a party will receive additional seats on the basis of the party vote sufficient to provide that its percentage of seats in the Bundestag is roughly equal to the percentage of votes it received pursuant to the party vote (so long as the party receives at least 5% of party vote support).  That means that the number of seats in the Bundestag changes from election to election — although it must have a minimum of 598 seats, it has had as few as 603 and as many as 672 since German reunification.

The FDP has struggled all year long to achieve merely 5% support in opinion polls and, while it’s doing better in polls than it was at the beginning of the year, there’s no guarantee that it will meet that threshold:

trendline2013germany

That means that, more than anything else, the composition of Germany’s next government turns on the FDP’s performance.  If it wins less than 5%, Merkel will not have the option of continuing a coalition with the FDP.  Moreover, even if the FDP wins more than 5%, it may still not win enough seats to cobble together a CDU/FDP majority in the 598-member Bundestag.

Furthermore, polls show that while German voters overwhelmingly prefer Merkel as chancellor, they actually favor a return to the CDU/SPD grand coalition, more than the current CDU-led government or a potential SPD-led government:

preferredcoalitions

Two additional coalitions — a CDU/Green government and a united left coalition among the SPD, Green and Die Linke (the Left Party) — also win significant support.

But what are the chances that any of these five coalitions will actually emerge after September 22?  Here’s a look at each potential coalition and the chances that it could form Germany’s next government.

CDUpreferredcoalitionThe current government: CDU/FDP.

Merkel prefers to continue her current coalition over any alternative because her political agenda matches well with the FDP’s political agenda.  Any negotiations between Merkel and the SPD or the Greens would entail huge concessions from Merkel that she would not otherwise have to make in coalition with the FDP.  But, as noted above (and as represented in the graph to the right, on the basis of current polls), it’s unclear if that coalition can win a majority.

Under Rösler’s leadership, the FDP is running on a campaign of lower taxes and liberalizing Germany’s economy, which is standard Free Democratic fare, and both the FDP and Merkel’s CDU oppose new tax increases.  Their largest policy difference might be same-sex marriage — the FDP supports it and the CDU (and especially the Catholic-influenced CSU) oppose it, although the FDP has taken a much stronger stand on privacy rights than Merkel’s CDU.

Even if they win enough seats to form a majority, no one expects the margin to be larger than the government’s current 21-seat margin.  So even a single-digit majority could turn out to be a Pyrrhic victory if Merkel finds herself forced to look outside her own government to enact her legislative agenda on an ad hoc basis, especially with respect to European Union matters, given the sometimes eurosceptic nature of many CSU deputies.  That’s hardly a recipe for stable government.

Polls in August show that together, the current government will win between 44% and 47% of the vote if the election were held today.  Unfortunately, that doesn’t give us much of an idea about whether they’ll have enough support in the Bundestag to form a majority.  Since reunification, Germany has held only six federal elections — they’ve resulted in three CDU-led governments, two SPD-led governments and a single CDU-SPD grand coalition. Continue reading Assessing the potential coalitions that might emerge after Germany’s federal elections →

Germany

As U.S. awaits DOMA decision, Germany’s constitutional court weighs in on gay rights

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merkelwesterwelle

By the end of June, the U.S. Supreme Court will render decisions in two of the most important legal cases to affect same-sex marriage in the United States: Hollingsworth v. Perry, which could result in the repeal of California’s Proposition 8, a ballot measure that overturned the state legislature’s enactment of same-sex marriage, and United States v. Windsor, which could strike down the U.S. Defense of Marriage Act.  DOMA, a 1996 law that prohibits same-sex couples from federal benefits of marriage, has been struck down by lower U.S. courts as a violation of the ‘equal protection’ clause of the 14th amendment of the U.S. constitution.  Others have argued that it violates the right of states to determine their own marriage laws and the ‘full faith and credit’ clause of the U.S. constitution that requires states to recognize the law, rights and judgments of the other U.S. states. Germany Flag Icon

Both decisions are among the most highly anticipated opinions of the Court’s summer rulings.

But Germany’s top constitutional court, the Bundesverfassungsgericht, got out in front of the U.S. Supreme Court last week with a landmark decision of its own that in many ways mirrors what proponents of same-sex marriage hope will be a harbinger of the U.S. decision on DOMA.

In a decision that could place pressure on chancellor Angela Merkel in advance of Germany’s federal election in September, the constitutional court ruled that same-sex couples in registered civil partnerships are entitled to the same joint tax filing benefits as those in opposite-sex marriages, exactly the rights that DOMA was originally enacted to prohibit in the United States.  The decision put the fight for German same-sex marriage on the front page of European newspapers in a summer when the parliamentary battles to enact same-sex marriage in the United Kingdom and France have otherwise dominated headlines.

It’s surprisingly in many ways that France and the United Kingdom have been more progressive on same-sex marriage rather than Germany.  Although polls show nearly two-thirds of the British and the French support same-sex marriage, a February 2013 poll showed that three-fourths of Germans support same sex-marriage.  Moreover, UK prime minister David Cameron is the center-right leader of a Conservative Party that faces its most pressing political pressure today from the right, not from the center, and the virulent anti-marriage rallies in France and the widespread opposition to same-sex marriage on France’s center-right means that French president François Hollande’s push for marriage equality, a policy that he campaigned on in 2012, has met significant turbulence.

But Germany’s evolutionary approach to marriage equality has taken a more subdued path through the constitutional court in Karlsruhe as much as through the Bundestag, Germany’s parliament.  Former chancellor Gerhard Schröder and his coalition partner Volker Beck successfully pushed for the enactment of the Life Partnership Act in 2001 when the Sozialdemokratische Partei Deutschlands (SPD, Social Democratic Party) controlled the government in coalition with Beck’s Bündnis 90/Die Grünen (the Greens).  Following the German constitutional court’s blessing of the law in 2002, the Bundestag followed up in 2004 with revisions to the law that increase the rights of registered life partners, including rights to adoption, alimony and divorce, though not parity with respect to federal tax benefits.

Since taking power in 2005, chancellor Angela Merkel has not pushed additional rights for same-sex couples, which puts her at awkward odds with her coalition partners, the Freie Demokratische Partei (FDP, Free Democratic Party), which supports marriage equality and whose former leader Guido Westerwelle (pictured above with Merkel), Germany’s foreign minister and its vice-chancellor from October 2009 to May 2011, is openly gay.

Both Merkel’s Christlich Demokratische Union Deutschlands (CDU, Christian Democratic Party) and the CDU’s sister party in Bavaria, the more socially conservative and Catholic-based Christlich-Soziale Union in Bayern (CSU, the Christian Social Union in Bavaria), have been traditionally opposed to gay marriage, and as recently as March, the CDU and the CSU reaffirmed their opposition to extending tax benefits to same-sex partners, even though the February 2013 poll showed that two-thirds of CDU-CSU supporters favored same-sex marriage outright.

Despite parliamentary inactivity in Berlin, last week’s decision by Germany’s constitution court, however, is just the latest decision from Karlsruhe that has edged same-sex registered partnerships ever closer to full marriage equality.  Continue reading As U.S. awaits DOMA decision, Germany’s constitutional court weighs in on gay rights →