See the same-sex marriage menu
for information on marriages, civil unions, family partnerships etc. in the
U.S., Belgium, Canada, Netherlands, New Zealand, South Africa and Switzerland.
Brazil:
2004-MAR: A lesbian college professor attempted to obtain funding
for her partner's expenses during a sabbatical. They had been together for
eight years. The university, which would have routinely funded her partner's
expenses if they had been married, refused. She lodged a request with the
human rights commission in the Brazilian state of Rio Grande do Sul. A panel
of judges issued an opinion which guaranteed the rights of same-sex couples
to obtain the same legal protections that are automatically given to married
opposite-sex couples. Because of Brazilian law, the only way to overturn
this decision would be to have approved an amendment to the country's
constitution. Same-sex couples are now free to join in civil unions
and receive broad benefits including areas such as inheritance, child
custody, insurance benefits, pensions, etc. The public seems to have taken
this change in stride. The Roman Catholic church is unhappy. Father Ricardo
Paz, a priest and ecclesiastical judge from Porto Alegre, said: "It's a
pragmatic attitude which says, 'As long as I don't suffer the consequences,
fine' without realizing that this could destroy the concept of family, and
confuse our children, especially teens, who will see this as an option."
13
2005-FEB-28: Joao Gilberto Gonclaves, a prosecutor, has filed a
lawsuit charging the country's prohibition of same-sex marriage as being
opposed to the 1988 constitution. The latter outlaws discrimination on the
basis of sexual orientation.. 14
2008-JUL-26: Civil unions are currently available in many states of Brazil.
The Government of Brazil is
considering a law to make them available across the country.
Czech Republic:
2005-DEC-16: TheCzech parliament passed a bill legalizing
civil partnerships for same-sex couples by a vote of 86 to 54 with 7
abstentions. This is the seventh attempt to pass a bill over the past
decade, and the first to make it this far. It does not allow same-sex
couples to marry or to adopt. However, it does give restricted rights to
inheritance and health care. The bill now goes to the Senate where it is not
expected to pass. The Christian Democrats voted unanimously against the
bill. Their leader, Miroslav Kalousek, said:
"With all respect to homosexual relationships, I believe the law on
family is a privilege. That privilege is granted to couples in return
for reproduction and the upbringing of a new generation. In this case I
see no reason for such a privilege."
He appears to be unaware of the many same-sex couples who bring up
children, and the many opposite-sex couples who do not. 17
2006-JAN-16: Leaders of the Roman Catholic Church, the Orthodox
Church in the Czech Lands, and eight Protestant Churches issued a joint
letter stating that:
"...the family is the basic element of society and is irreplaceable.
We think that the adoption of a law on same-sex partnership will further
weaken family life and will cause chaos in values, mainly in the young
generation." 18
England:
2001-JUN-29: The Gay Financial Network reported that
London's
"Same-sex couples will be able to have their
relationship officially recognized for the first time under a scheme to
be launched later" in 2001. 1
2001-SEP-6: Ian Burford, a retired
actor, and Alexander Cannell, a senior male nurse, became the
first gay couple in Britain to register their partnership in a civil
ceremony organized by Ken Livingstone, the mayor of London. 2
2001-NOV-5:Lady Morgan,
the federal minister for women and equality, said she was considering
introducing a nationwide register for same-sex partners. She said that
her purpose was to extend the pension and inheritance benefits that
married couples receive, she said. 3
The country has since created a Civil Partnership
law which gives same-sex couples all of the rights of marriage. It comes into
effect throughout the UK on 2005-DEC-05. More details.
Germany:
2001: The German Parliament passed a law recognized same-sex
unions. They may take each other's names, must support each other
financially, and may divorce and demand alimony.
2003-JUL: Germany's Supreme Court upheld the country's civil
union law which gives some of the benefits of marriage to registered
same-sex couples. German cardinal Karl Lehman of the Roman Catholic
Church condemned this decision as "a hard blow to marriage and the
family." He said in a Vatican Radio interview: "Now the
associations of homosexuals have a potent arm to obtain further
concessions on the road toward full equality with married couples,
including the right to adoption." 7
2004-OCT-29: The Cardinal's
prediction came true. The German parliament voted to extend additional
rights to same-sex couples. They are not compelled to testify against
each other in court. Widows and widowers can obtain a state pension.
They can adopt the biological children of their spouses. The bill was
supported by the ruling Social Democrats and the Greens, and some liberal
Free Democrats, but opposed by conservative parties. Justice Minister
Brigitte Zypries said: "Same-sex partnerships are a reality in
Germany. But gays and lesbians are still not treated equally in how they
are able to live their lives, and there is no reason for that."
About 5,000 civil unions have been registered since 2001. About 8,000
children are being raised by same-sex couples. 10
Sponsored link:
Ireland:
1993: Ireland decriminalized same-sex activity.
2004-SEP-11: Ann Louise Gilligan and Katherine Zappone, a
lesbian couple, had married in British Columbia in 2003-SEP. Zappone is
a member of Ireland's Human Rights Commission. Gilligan is a
Dublin philosophy lecturer. They have been together for 23 years and
live together in Brittas, a beachside resort south of Dublin. They
returned to Ireland and are now petitioning the court for recognition of
their marriage. Their case will be heard in 2005. They are seeking that
the Revenue Commissioners allow them to file their income tax forms as a
married couple. Tax for married couples is lower than for singles;
spouses also pay lower inheritance taxes. Their lead lawyer,
Gerard Hogan, argued that neither the 1937 Irish constitution nor more
recent tax laws specifically define marriage as between one man and one
woman.
2004-OCT-18: The all-party Oireachtas (National Parliament)
committee on the Constitution is conducting a review of family related
clauses in the Constitution. Part of the review will involve rights for
same-sex couples. The committee will be hearing from a variety of groups
and legal experts. They plan to report to the government by 2005-JUL.
Possible options that they might pass on to legislators may include the
abolition of marriage, the introduction of a civil partnership, opening
marriage to include same-sex unions, or introducing different categories
of marriage. Ms. Jan O'Sullivan of the Labour Party said her party would
"favor gay couples having the same rights that everyone else has,
whether you call it marriage or something else. We feel the option
should be available to gay couples." Barry Andrews of the Fianna
Fáil party also favor recognition of gay marriages. But he foresaw
problems related to adoption and other family rights. 9
Uruguay:
On 2007-DEC-18, Uruguay's Congress unanimously passed a bill
that allows all loving committed couples -- whether opposite sex
or same-sex -- to enter into civil unions and obtain rights and
obligations similar to that given to married couples, including
heath benefits, inheritance, parenting and pension rights.. The
lower House of Parliament and the Chamber of Senators had
already passed the legislation. Before applying for a civil
union, they have to live together for five years, and register
with the government.
The legislation was opposed by the Roman Catholic bishops who
pressured Catholic legislators to vote against it. The Episcopal
Conference of Uruguay (CEP) said:
"In no way can homosexual cohabitation be accepted because it does not
meet the basic criteria defining marriage, it is therefore
unacceptable to place it in suchlike equal level." 18
Hungary:
The parliament passed legislation in 2007 that would allow unmarried
opposite-sex or same-sex couples register their union beginning on 2009-JAN-01.
This would have given the registering couples almost the same rights and
protections as have been enjoyed by opposite-sex married couples.
The Constitutional Court annulled the law on 2008-DEC-15, stating that it
"downgraded" the institution of marriage.
References:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
Terri Judd, "London to
Recognize Same-Sex Couples," The Gay Financial Network,
2001-JUN-29, at:
http://www.gfn.com/archives/x
John Carvel, "London couple first to sign gay register,"
2001-SEP-4, The Gay Financial Register, at:
http://www.gfn.com/archives/
Sarah Womack, "London
Considers Gay Marriage Register," 2001-NOV-5, The Gay
Financial Register, at:
http://www.gfn.com/archives/
Andrea Botha, "Irish Ruling on gay marriage," 2004-SEP-11, News24.com, at:
http://www.news24.com/
Julie Stahl, "Israel's Attorney General Gives Boost to Homosexual Couples," Cypercast News Service, 2004-DEC-09, at:
http://www.cnsnews.com/
"Gays in Brazilian State quietly tie knot," Associated Press, 2004-MAY-28.
"Brazilian prosecutor files suit to legalize gay 'marriage',"
LifeSiteNews, 2005-FEB-28.
"Catholic Church condemns Spain's same-sex marriage law,"
E-Alert, Massachusetts Family Institute, 2005-MAY-04
"Swiss vote for same-sex rights," Associated Press, 2005-JUN-05, at:
http://www.cnn.com/
Pavla Horakova, "Czech MPs approve law on same-sex partnerships," Radio
Prague, 2005-DEC-19 at:
http://www.radio.cz/
Uruguay Passes Homosexual Civil Union Law. First Latin
American country to cave in to mounting homosexual rights
pressure,"LifeSiteNews.com, 2007-DEC-20, at:
http://www.lifesitenews.com/