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As
the United States grapples with the debate over whether gay marriage
should be legalized, some countries are in the process of reshaping
their laws on the controversial subject, while others have had
civil union and marriage laws in place for several years.
The
global view on gay marriage varies widely: Some European countries
say they have experienced little societal change in the wake of
equalizing marriage laws for all couples. In other countries,
such as Canada, the topic is divisive enough that it has played
a role in shaping the outcome of elections. While much of Europe
and North America is caught up in the debate, however, the issue
is not on the agenda for discussion in many of the world's more
conservative quarters, including much of Asia and Africa.
Legalized
gay marriage: three countries' laws
Three countries worldwide have passed legislation affording
a gay couple the same benefits as a man and woman who are married.
Of these, the Netherlands -- already socially liberal on such
issues as euthanasia and drug legalization -- provides the most
sweeping rights.
The
country was locked in a dialogue for 15 years about whether to
legalize gay marriage, starting in 1985 when gay couples issued
court challenges protesting the limited rights granted in the
country's "cohabitation contracts." Legislation eventually
broadened the rights allowed under these contracts.
A
1998 law created "registered partnerships" that were
open to gay and straight couples and granted health and pension
benefits, as well as inheritance and adoption rights, among other
allowances.
The
Netherlands legalized gay marriage on April 1, 2002, allowing
homosexual couples full-fledged marriage rights identical to those
allowed heterosexual couples. In fact, the new laws struck all
reference to gender from the country's marriage laws. The vast
majority of Dutch parliament members voted in favor of the measure,
with 109 members approving equal marriage rights and 31 voting
against.
According
to Dutch government agency Centraal Bureau Voor de Statistiek
(Statistics Netherlands), the number of gay marriages has dropped
off steadily since the laws came into effect. According to agency
statistics, 2,400 gay marriages took place in the portion of 2001
during which gay marriage was legal, with 1,800 couples following
suit in 2002. That number dropped to 1,500 same-sex couples marrying
in 2003, out of a total of 82,600 marriages.
Belgium
followed quickly on the heels of the Dutch decision, legalizing
gay marriage in January 2003. The decision gave married gay couples
similar rights to heterosexual married couples.
While
the marriage law initially only allowed couples from countries
where gay marriage was legal to marry in Belgium, this stipulation
was lifted in February 2004, allowing non-Belgian couples to marry
as long as one partner lives in or is a regular visitor to the
country.
Belgium's
adoption laws, however, prevent gay couples from adopting a child.
For lesbian couples, a child's biological mother is considered
to be the child's sole parent, while the other partner is not
granted a legal parental role.
In
a September 2003 annual report on human rights issues in the European
Union, the European Parliament recommended that the 15 member
states grant homosexuals the right to marry and adopt; this recommendation
may begin to affect, among other things, Belgium's laws banning
homosexual adoption.
Spain
became the third European country to legalize gay marriage on
June 30, 2005, when the Congress of Deputies approved such a bill,
which also paves the way for gay couples to adopt children and
inherit each other's property, by a 187-147 vote.
The
Socialist government's bill was fiercely opposed by Spain's Roman
Catholic church and the conservative opposition Popular Party,
whose deputies formed the bulk of the opposing vote, according
to the Associated Press.
Representatives
of gay and lesbian groups applauded the bill's passage. "This
is a great and historic day because never before has such a small
legal reform made such an important improvement in rights and
in favor of freedom and equality," said Pedro Zerolo, a leader
of Spain's homosexual rights group.
Canada
stepped to the forefront of the gay marriage debate in June 2003,
after an Ontario appeals court upheld a previous court ruling
that banning gay marriage ran counter to the Canadian Constitution's
1982 Charter of Rights and Freedoms. The court challenged the
common law definition of marriage as being between a man and a
woman, declaring that definition invalid.
Similar
challenges took places in British Columbia in July 2003, and Quebec
in March 2004. All three provinces, which together are home to
roughly 70 percent of the country's 32 million inhabitants, began
issuing marriage licenses immediately after the appeals court
rulings.
After
the three provinces' high courts ruled on the matter, then-Prime
Minister Jean Chretien -- who resigned in December 2003 -- said
the government would not appeal the decisions to the Supreme Court,
but instead would draft legislation to legalize gay marriage.
The
decision did not come easily, in a political or personal sense,
to the Catholic Chretien, who knew that Canadian opinion on the
issue was divided more deeply than Belgian and Dutch public opinion
had been. He encountered considerable opposition from the Catholic
Church, with Alberta Bishop Fred Henry, for example, accusing
him of making a "morally grave error."
But
Chretien, who has stated that his first priority is to serve the
Canadian public and not his Church, told Liberal Party members
in June 2003 that he believes laws must be adapted to fit societal
change.
"I
have learned over 40 years in public life that society evolves,
that the concept of human rights evolves even more quickly than
some of us predicted -- and sometimes even in ways that make people
uncomfortable. At the end of the day, we have to live up to our
responsibility."
In
July 2003, the Canadian government issued the draft of a bill
changing the definition of marriage to "the lawful union
of two persons to the exclusion of all others." The draft
was sent to Canada's Supreme Court, and on Dec. 9, 2004, the high
court said the government can redefine marriage to include same-sex
couples.
The
Supreme Court also said, however, that religious officials cannot
be forced to perform unions against their beliefs, and that the
legislation must still pass the House of Commons, according to
the Associated Press.
Current
Prime Minister Paul Martin, also a Catholic, promised that after
the court ruled, he would introduce a bill to Parliament legalizing
gay marriage throughout all ten provinces and three territories.
Canadian
conservatives, led by Canadian Alliance leader Stephen Harper,
introduced a "Defense of Marriage" motion into Parliament
seeking to leave the definition of marriage as between a man and
a woman. Parliament narrowly rejected the motion, 137-132, in
September 2003.
According
to the Human Rights Campaign Foundation, 1,400 same-sex marriages
had taken place in British Columbia and another 14,700 in Ontario
by February 2004. According to the Montreal Gazette, only eight
gay couples had married in Quebec as of March 24, 2004.
Civil
unions: widespread throughout Europe
Several European countries have had gay partnership laws in
place for several years, while others are in the process of implementing
such legal arrangements.
In
1989, Denmark became the first country in the world to legalize
same-sex unions, through the introduction of a registered partnership
that allows couples largely the same rights as those given to
heterosexual couples -- except where adoption is concerned.
A
Danish registered partnership allows one partner to adopt his
or her partner's child, but gay couples are not permitted to adopt
other children. The registered partnership also prohibits artificial
insemination for a lesbian couple.
Gay
couples who have been residents of Denmark for two or more years
may enter into a registered partnership. The Danish law also recognizes
registered partnerships from Iceland, Norway and Sweden.
Greenland,
Iceland, Norway and Sweden have laws identical to Denmark's, which
were enacted later (Sweden is currently preparing legislation
allowing for full legalization of gay marriage).
Several
other countries have laws allowing for registered same-sex cohabitators,
including France, where civil unions became legal in 2000, and
Germany, which legalized unions in 2001.
Similarly,
the UK announced plans on March 31, 2004 for a bill permitting
gay couples the same legal rights as married couples. The Department
of Trade projects that between 5,500 and 11,000 homosexual couples
will enter into such partnerships by 2010. The Department revised
these numbers downward after the number of gay partnerships in
Scandinavian countries proved lower than initially expected.
South
Africa has laws written into its post-apartheid constitution protecting
homosexuals and outlawing discrimination on the basis of sexual
orientation. South Africa is the first African country to allow
such adoption; South African gay rights groups, meanwhile, are
lobbying for marriage rights.
New
Zealand recently finished drafting a civil union bill that will
be introduced to Parliament in April or May 2004. The civil union
would be a viable option for both homosexual and heterosexual
couples.
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Compiled for the Online NewsHour by Jessica Moore
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