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International Progress Toward the Freedom to Marry

 

Last Updated: April 2009

 

The Netherlands
The Netherlands was the first country to end the exclusion of same-sex couples from marriage in 2001 when their Parliament voted 107-33 to eliminate discrimination from their marriage laws. The law requires that at least one member of the couple be a Dutch national or live in the Netherlands. Today what seems revolutionary in the United States is almost mundane for the Dutch. Anne-Marie Thus, a Dutch lesbian who married in 2001, explains, "It's really become less of something that you need to explain. We're totally ordinary. We take our children to preschool every day. People know they don't have to be afraid of us."

 

Belgium
Belgium became the second country to legalize equal marriage in 2003. Without fanfare, 91 of the 122 deputies in the Belgian Parliament voted for the change. Unlike in the Netherlands, however, gay and lesbian couples were not allowed to adopt children under the original legislation, but Parliament passed co-parenting for same-sex couples in 2006. The law also stipulates that only couples from countries that allow same-sex couples to marry can be married under the law.

 

Spain
After the unexpected victory of the Spanish Socialist Party in 2004, the newly elected Prime Minister, Jose Luis Rodriguez Zapatero, moved to end the exclusion of same-sex couples from marriage in the country. Despite serious opposition from the Catholic Church, a majority of Spaniards supported the measure and the Parliament voted 187 to 147 in favor of the law. Following passage and enactment in 2005, Zapatero's said: "We were not the first, but I am sure we will not be the last. After us will come many other countries, driven ... by two unstoppable forces: freedom and equality."

 

Canada
On July 20, 2005, Canada became the fourth nation to end discrimination in marriage. The national legislation passed after more than three quarters of Canadian provinces and territories legalized same-sex unions. Since marriage laws in Canada do not have residency requirements, same-sex couples who travel from the United States to Canada could also get married there. Canadian leaders supported full marriage, as opposed to civil union legislation that exists in some European countries (e.g. Denmark and Sweden). Canadian politicians recognized the importance of full equality. Canada's Prime Minister at the time, Paul Martin, explained, "We've come to the realization that instituting civil unions — adopting a 'separate but equal' approach — would violate the equality provisions of the [Canadian Charter of Rights and Freedoms]. We've confirmed that extending the right of civil marriage to gays and lesbians will not in any way infringe on religious freedoms."

 

South Africa
In December 2005, the Constitutional Court of South Africa ruled that denying marriage to same-sex couples violates the country's constitution and gave the Parliament one year to adjust laws to comply with the ruling. The court also made it clear enacting only a civil unions law would not work. On November 14, 2006, Parliament voted 230 to 41 to end the exclusion of same-sex couples from marriage in South Africa, making the nation the first in Africa to do so.

 

Norway
On June 11, 2008, Members of Parliament in Norway approved a bill that ended the exclusion of same-sex couples from marriage by 84 votes to 41. Family Issues minister Anniken Huitfeldt noted, "The new law won't weaken marriage as an institution. Rather, it will strengthen it. Marriage won't be worth less because more can take part in it."  The new law will make marriage gender neutral.  The Scandinavian country had already allowed gay and lesbian couples to enter into civil partnerships, but realized that such partnerships did not provide equality.  The law was backed by the ruling red-green coalition of the Labour Party, the Centre Party and the Socialist Left Party as well as members of the opposition Conservatives and Liberals. Socialist Left Party leader Kristin Halvorsen, also finance minister, said the bill was for "equal rights" and against all forms of discrimination.

 

Sweden
Sweden became the seventh country to uphold marriage equality for gay couples with a broad majority of the Swedish Parliament voting in support of a bill to end the exclusion of gay couples from marriage on April 1, 2009. The proposal was approved by a 261 to 22 vote, with 16 abstentions. The new legislation is to take effect as of May 1, 2009 and replaces the legislation approved in 1995 that allows gay couples to form a union in Sweden via registered partnership. Couples who have registered partnership can keep that status or amend it by an application to the authorities or marry.

 

Protections Elsewhere
Countries that offer many rights to same-sex couples, but stop short of marriage, include Denmark, Finland, Germany, Iceland, New Zealand, Sweden, the United Kingdom, and Uruguay. Countries that offer some spousal rights to same-sex couples, which are far from full marriage equality, include: Andorra, Austria, Brazil, Colombia, Croatia, Czech Republic, France, Hungary, Israel, Luxembourg, Portugal, Slovenia, and Switzerland.