| Revision as of 19:03, 26 September 2002 view source65.209.99.2 (talk)m added one sentence to introduction to introduce the term 'same-sex' marriage← Previous edit | Revision as of 19:04, 26 September 2002 view source 65.209.99.2 (talk)m changed 'more recently' ro 'recently'Next edit → | ||
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| '''Gay marriage''' is ] in which both participants are of the same ]. ] marriages are currently only recognized in the ]. |
'''Gay marriage''' is ] in which both participants are of the same ]. ] marriages are currently only recognized in the ]. Recently, the term '''same-sex marriage''' has been gaining parlance as a less value-laden term for the union of two members of the same gender. | ||
| In recent years there has been a growing movement in a number of countries to extend the right to marry to ] and ] couples. Married couples are frequently entitled to a wide range of social security, taxation and other benefits denied to unmarried couples. Prohibiting gay marriage denies gay couples access to these benefits. (Heterosexual couples without other legal impediments, on the other hand, can always marry.) It also makes it more difficult for them to adopt children. Those who oppose this movement argue that restricting marriage to heterosexual couples preserves the traditional understanding of the nature of marriage. | In recent years there has been a growing movement in a number of countries to extend the right to marry to ] and ] couples. Married couples are frequently entitled to a wide range of social security, taxation and other benefits denied to unmarried couples. Prohibiting gay marriage denies gay couples access to these benefits. (Heterosexual couples without other legal impediments, on the other hand, can always marry.) It also makes it more difficult for them to adopt children. Those who oppose this movement argue that restricting marriage to heterosexual couples preserves the traditional understanding of the nature of marriage. | ||
Revision as of 19:04, 26 September 2002
Gay marriage is marriage in which both participants are of the same gender. Gay marriages are currently only recognized in the Netherlands. Recently, the term same-sex marriage has been gaining parlance as a less value-laden term for the union of two members of the same gender.
In recent years there has been a growing movement in a number of countries to extend the right to marry to gay and lesbian couples. Married couples are frequently entitled to a wide range of social security, taxation and other benefits denied to unmarried couples. Prohibiting gay marriage denies gay couples access to these benefits. (Heterosexual couples without other legal impediments, on the other hand, can always marry.) It also makes it more difficult for them to adopt children. Those who oppose this movement argue that restricting marriage to heterosexual couples preserves the traditional understanding of the nature of marriage.
This movement has resulted in changes in the law in many local jurisdictions, though the extent of the changes have varied:
- some jurisdictions have created formal legal recognition for homosexual relations, but which are more limited than marriage, e.g. domestic partnership laws
- others have created a separate status from marriage, with however equal rights to married couples: e.g. civil unions;
- others have allowed homosexual couples to marry, and have identical legal status to heterosexual legal couples. Such an approach has been adopted in the Netherlands, and is in varying stages of development in Belgium, Finland, and Canada.
Even in jurisdictions where they are not legally recognized, many gay and lesbian couples choose to have weddings (also called "commitment ceremonies") to celebrate and affirm their relationship, fulfilling the social aspect of a marriage.
Gay marriage in the 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).
Gay marriage in Canada
Supreme Court decisions in Ontario (July 12, 2002) and Quebec (September 6, 2002) require the federal government to implement full gay marriage within the next two years, although the Liberal government announced that it would appeal.
In 1999, homosexual couples in Canada were ruled to have the right to common-law marriage in the M v. H decision. The provinces of Quebec and Nova Scotia currently recognize civil unions.
Other forms of same-sex partnership
A small but increasing number of jurisdictions recognize gay "civil unions" or "registered partnerships", which provide much of the same rights and responsibilities as marriage but use a different name for the arrangement. Examples are Denmark, Sweden, Finland, Norway, Iceland, Germany, the Canadian provinces of Quebec and Nova Scotia, and the American state of Vermont.
For information on these, see civil union.
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.
The fight for gay marriage in the United States
To be expanded - Defense of Marriage Act, etc.