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| case brought about by a gay couple it was concluded that restricting marriage to partners of mixed sex | case brought about by a gay couple it was concluded that restricting marriage to partners of mixed sex | ||
| was in violation of the constitution, which forbids discrimination against homosexuals. Hence the marriage | was in violation of the constitution, which forbids discrimination against homosexuals. Hence the marriage | ||
| law was changed and since ]st, ] homosexual marriages have been permitted. | law was changed and since ]st, ] homosexual marriages have been permitted. Note that registered partnerships, although originally introduced to enable gay couples to make their partnership official, are open to couples of mixed gender as well. | ||
| There was strong opposition from fundamentalist religious groups to the introduction of gay marriage, e.g., | There was strong opposition from fundamentalist religious groups to the introduction of gay marriage, e.g., | ||
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| The rules about ] and residence are the same as for any other marriage in the ]: | The rules about ] and residence are the same as for any other marriage in the ]: | ||
| at least one partner must either have ]s ] or reside in the country. There is no | at least one partner must either have ]s ] or reside in the country. There is no | ||
| guarantee that a gay marriage will be recognised in other countries. | guarantee that a gay marriage will be recognised in other countries, most likely it will be accepted in those and only those countries that have themselves a form of registered partnership for gay couples. | ||
| According to provisional figures from the ] Central Bureau of Statistics, for the first six months gay marriages made up 3.6 percent of the total number of marriages: a peak of around 6 percent in the first month followed by around 3 percent in the remaining months: about 2100 men and 1700 women in total. | According to provisional figures from the ] Central Bureau of Statistics, for the first six months gay marriages made up 3.6 percent of the total number of marriages: a peak of around 6 percent in the first month followed by around 3 percent in the remaining months: about 2100 men and 1700 women in total. | ||
| Gay marriages are fully equivalent to normal marriages in the Netherlands (except that if a married lesbian has a child, her wife will not count as the child's father or mother; unless and until she adopts the child, she will count for the law as a stepmother). | |||
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Revision as of 12:55, 15 August 2002
Gay marriage is marriage in which both participants are of the same gender. Gay marriages are currently only allowed in the Netherlands. A small but increasing number of jurisdictions recognize gay "civil unions" or "registered partnerships", which provide much of the same rights and responsibilites as marriage but use a different name for the arrangement. Examples are Denmark, Sweden, Norway, Iceland, Germany, the Canadian provinces of Quebec and Nova Scotia, and the American state of Vermont. Many more areas in the world (usually local municipalites and counties) allow domestic partnerships that have varying degrees of privileges and responsibilities, usually far fewer than those found in civil unions.
Netherlands
A "registered partnership" system became active on January 1st, 1998. However after a court case brought about by a gay couple it was concluded that restricting marriage to partners of mixed sex was in violation of the constitution, which forbids discrimination against homosexuals. Hence the marriage law was changed and since April 1st, 2001 homosexual marriages have been permitted. Note that registered partnerships, although originally introduced to enable gay couples to make their partnership official, are open to couples of mixed gender as well.
There was strong opposition from fundamentalist religious groups to the introduction of gay marriage, e.g., see Khalil el-Moumni. Individual churches have retained the right to decide whether or not to conduct such ceremonies: in practice many have been willing to do so.
While regional government offices are obliged to perform civil gay marriages, some uncertainty has remained about whether individual officials have the right to refuse to perform them.
The rules about nationality and residence are the same as for any other marriage in the Netherlands: at least one partner must either have Netherlands nationality or reside in the country. There is no guarantee that a gay marriage will be recognised in other countries, most likely it will be accepted in those and only those countries that have themselves a form of registered partnership for gay couples.
According to provisional figures from the Netherlands Central Bureau of Statistics, for the first six months gay marriages made up 3.6 percent of the total number of marriages: a peak of around 6 percent in the first month followed by around 3 percent in the remaining months: about 2100 men and 1700 women in total.
Gay marriages are fully equivalent to normal marriages in the Netherlands (except that if a married lesbian has a child, her wife will not count as the child's father or mother; unless and until she adopts the child, she will count for the law as a stepmother).
Denmark
Gay marriage was introduced in Denmark by law of June 7th, 1989. It has the form of a registered partnership (Danish: "registreret partnerskab"), but is a marriage in almost every sense. All legal and fiscal rights and obligations are as for a heterosexual marriage, with four exceptions:
- registered partners cannot adopt, with the exception that one party can adopt the biological children of the other
- registered partners cannot have joint custody of a child, except by adoption
- laws making explicit reference to the sexes of a married couple don't apply to registered partnerships
- regulations by international treaties do not apply unless all signatories agree.
Registered partnership is by civil ceremony only. The Danish state church has yet to decide how to handle the issue, but the general attitude of the church seems positive but hesitant. Some priests perform blessings of gay couples, and this is accepted by the church, which states that the church blesses people, not institutions.
Divorce for registered partners follow the same rules as ordinary divorces.
Only citizens of Denmark, the Netherlands, Sweden, Norway and Iceland can enter a registered partnership in Denmark. This list is adjusted whenever a new country introduces gay marriage. This rule excludes foreigners from entering gay marriages that won't be legally valid in their home country.
As of January 1st, 2002 there were more than 2000 registered partnerships in Denmark, of which 220 had children.
Germany
A law about registered partnerships took effect on August 1, 2001. It was challenged before the supreme court, because the German constitution contains the sentence "marriage and family enjoy the special protection of the state". The supreme court ruled in July 2002 that the new law does not lower the protection of marriage and family and let the law stand.
Couples entering registered partnerships are required to support each other financially. A non-working partner is covered by the other partner's health insurance. Registered partners enjoy the same rights as married couples when it comes to inheritance law and the right to refuse testimony in court.
Germans can enter registered partnerships with non-Germans who then gain the right to live in Germany and to become German citizens eventually.
There are no adoption rights for registered partnerships. In tax law, marriages still have a significant advantage over registered partnerships; it is expected that the supreme court will remove this disparity before long.
Sources and external links
Official links
- The Formation and Dissolution of Marriage Act (common marriage act)
General links
- Swedish, Norwegian and Icelandic Registered Partnership Acts (private page)