A Global Perspective on Equal Marriage

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By Pem Brown, NOW field intern

February 13, 2006

The campaign for equal marriage is moving forward in the United States, with the 2003 victory in Massachusetts and hopeful challenges in Connecticut and California. The discriminatory constitutional amendments to ban same-sex marriage that passed in eleven states in November 2004 seem like a daunting barrier to progress. But looking around the world at what progressive countries are doing should give us all hope.

Progress abroad...

The United Kingdom
The Civil Partnership Act was approved by the House of Lords on November 17, 2004 by a vote of 251 to 136. On December 5, 2005 the new law went into effect after a cooling off period. The law allows same-sex couples the same property and inheritance rights as married heterosexual couples and entitles them to the same pension, immigration and tax benefits. Unlike those in Belgium, the Netherlands, Spain and Canada, Britain's civil partnership is not a marriage. Civil partnerships allow LGBT couples to sign certain documents in an exclusively civil procedure, yet religious institutions are not legally required to perform same-sex marriage ceremonies. It is estimated that 4,500 same-sex couples will take advantage of the law by the end of 2006. Beyond that ministers think between 11,000 and 22,000 same-sex couples will benefit from the law by 2010.

The Netherlands
The Netherlands legalized same-sex marriage in 2001 when their Parliament voted 107-33 to eliminate discrimination from their marriage laws. 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."¹

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. Currently, 3% of all Belgian marriages are between homosexuals.² Unlike in the Netherlands, however, gay and lesbian couples are not allowed to adopt children, although the Parliament is considering changing the law in the near future.

Spain
After the unexpected victory of the Spanish Socialist Party in 2004, the newly elected Prime Minister, Jose Luis Rodriguez Zapatero, moved to legalize same-sex 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. It is by far the most liberal legislation for LGBT couples in Europe, including full marriage and adoption rights. Zapatero's words of should encourage feminist activists around the globe: "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."³

Canada
On July 20, 2005, Canada became the fourth nation to legalize gay marriage. The national legislation passed after more than three quarters of Canadian provinces and territories legalized same-sex unions. 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."⁴

Civil Unions Elsewhere

Countries that offer most or all spousal rights to same-sex couples, but stop short of marriage, include Denmark, Finland, Germany, Iceland, Norway, and Sweden. Countries that offer some spousal rights to same-sex couples, which are far from full marriage equality, include: Brazil, Croatia, France, Hungary, Israel, New Zealand, Portugal, South Africa, and Switzerland.

Putting it in perspective...

Sometimes it is easy to forget that the United States is relatively accepting of the LGBT community compared to a majority of other countries in the world. In many places, same-sex marriage seems far away – even unthinkable. Homosexuality continues to be illegal in many African countries. LGBT individuals have been killed in Iran and other Middle Eastern countries solely because of their sexuality.⁵ The influence of the Catholic Church and other conservative religions has impeded advances in LGBT equality across the world. While it is important to highlight the progress of those countries who have granted more rights to LGBT couples, we cannot ignore the violent discrimination that exists elsewhere. We have made important advances, but we will not have achieved our goal until LGBT couples have fully equal marriage rights.

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