Same Sex Marriage: A global review (by Kaley Kennedy)

Over the last few years, the Same-Sex Marriage debate has really been a prominent issue in Canada. With the recent success of Bill C-38, there has been a lot of discussion regarding the western stance on gay rights. While many gay rights activists have been lobbying for marriage rights for decades, the issue has become extensively recognized over the past decade. In terms of results, four countries currently have nationwide same-sex marriage legislation. The Netherlands became the first country to nationally legalize Same-Sex marriage in 2001, Belgium followed in 2003 and Spain and Canada both passed their same-sex marriage bills this year. Sweden is also likely to legislate same-sex marriage in the near future. These countries are, however, a very small minority. In most nations, same-sex couples still have little to no rights.

For the past five years, Europe has been seen as the leading continent with respect to rights for gay couples; however, these successes have greatly masked persistent failures on many fronts. The United Kingdom has provided a registry that will legally recognize same-sex relationships, however, has continually stressed that there is still a distinction between unions between gay partners and unions between straight partners. While the law provides almost exactly the same rights for same-sex partners as it does for straight partners, the government refused to define these civil unions as marriage. Similar recognition of civil unions appear in Andorra, Austria, Croatia, the Czech Republic Denmark, Finland, France, Germany, Greenland, Hungary, Iceland, Luxembourg, Norway, Portugal, Slovenia, Sweden, and Switzerland.

Additionally, these civil unions do not always grant equal rights to same-sex couples. Even in Belgium, where same-sex marriage is recognized, gay couples are not allowed to adopt children, whether married or otherwise. Similarly, Denmark, Greenland, Iceland, Portugal, and a handful of other nations do not allow joint adoption. Most nations do allow one partner to adopt the biological child of the other partner and allow gay parents to have joint custody over any children involved. Many of the definitions of civil unions exclude other important benefits such as inheritance rights, housing and property rights, and tax benefits. In Germany, for instance, same-sex couples are denied the same tax benefits as married couples. As well, in Portugal, the rights for civil unions are significantly fewer than the rights given to married couples.

Australia and New Zealand have taken a similar stand to many of these European nations. New Zealand has a law recognizing civil unions, but still prevents same-sex couples from adopting. Only two of Australia's provinces do not recognize same-sex unions and federally, same-sex couples have certain rights including employment benefits, immigration rights, and certain rights within the Australian Army and Police, since 1992. Despite these long-standing rights, the federal government enacted a constitutional amendment last year that states:

Marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.
Certain unions are not marriages. A union solemnized in a foreign country between: (a) a man and another man; or (b) a woman and another woman; must not be recognized as a marriage in Australia.

This amendment has prevented the province of Tasmania from passing a proposed same-sex marriage bill. There is talk of this new law being challenged soon, as there has been talk of the Tasmanian same-sex marriage legislation resurfacing, however, most people see this as a significant barrier in the fight for equal rights.

Australia's seemingly contradictory laws are not uncommon. Many countries have shown both support and disdain for same-sex unions. Perhaps one of the most divided countries on the issue of same-sex marriage is the United States. The state of Massachusetts has legislated same-sex marriages, while Vermont and New Jersey each have a law that legalizes and recognizes same-sex unions. Moreover, the states of Connecticut, Rhode Island, New York, and New Mexico all have no legislation regarding same-sex unions, meaning they are neither rejected nor fully recognized. The states of California, Hawaii, Alaska, and the District of Columbia have registries for same-sex couples, though; Hawaii, California, and Alaska have laws that ban same-sex marriages. Besides states like California and Alaska who have state laws that ban same-sex marriage, thirty-two states have ratified the Defence of Marriage Act, a federal law that allows states to opt out of recognizing same-sex marriages licensed in other states or nations. Even more extreme, eleven states have passed constitutional amendments that define marriage as between a man and woman.

The discrimination against gay couples goes far beyond the right of marriage in the United States. In Florida, as well as a number of other states, it is illegal for gay couples to adopt children. This often means that children get shuffled from foster home to foster home instead of being put in a permanent placement. In a state where social services have lost track of children under their care, it is appalling that such a policy is in place. In most states, even 'step-parent adoption,' in which one partner can adopt the biological child of the other partner, is illegal. This means that should custody ever become an issue, the non-biological parent of the child has no legal right to visitation. In addition to no right to adopt, same-sex couples, whether registered in a civil union or not, have limited rights. At best, a same-sex couple can have inheritance rights, spousal benefits, and housing and property rights. Most states, however, do not even require that a same-sex partner be given the right to visit their partner on their deathbed, something married couples are guaranteed. In fact, in more than half of the states, your same-sex domestic partner has no more legal rights than a roommate.

While the American battle over same-sex marriage has been greatly publicized, elsewhere in the world similar battles continue to rage on. In the Philippines, the Communist Party has started to perform same-sex marriages, though the government has not recognized them. Fierce debate continues between the Communist Party, the Roman Catholic Church, and various parts of the government. While no bills have been presented yet in the Philippines, in 2003, China and Taiwan both reviewed legislation regarding same-sex marriage. In both nations, however, progress has been stalled by those opposed to the laws and various bureaucratic barriers.

As well, the Cambodian president has said he supports same-sex unions, but no legislation has been brought forth. The only Asian country to give rights to same-sex couples is Israel. While, same-sex couples do not share equal rights with heterosexual couples, they are advancing towards equality. It should also be noted that elsewhere in Asia and the Middle East, homosexuality is illegal and is punishable by a large penalty, and in some regions, even death. Most African countries also have similar laws. South Africa is the only African country with any rights granted to same-sex couples.

Though there has been much progress publicized over the past five years, the truth is that only a minority of same-sex couples have been granted any recognition and rights. Sadly, it is unlikely that in our lifetime same-sex couples will acquire global equality. As the moral and legal battle wages, often the people get lost in the shuffle. Political and religious rhetoric has brought forth distasteful arguments and hostility towards the gay community. In this modern world, it is distressing that we still cannot overcome our differences.

Sources

"Civil Union." Wikipedia. 23 Aug. 2005. 29 Aug. 2005. <http://en.wikipedia.org/wiki/Civil_union>.

Grossman, Joanna. "The Proposed Marriage Protection Act: Why It May Be Unconstitutional." FindLaw's Writ. 27 Jul. 2004. 28 Aug. 2005. <http://writ.news.findlaw.com/grossman/20040727.html>.

"Marriage Equality." Center for Policy Alternatives. 28 Aug. 2005. <http://www.stateaction.org/issues/issue.cfm/issue/marriageequality.xml>.

"Same-sex Marriage." Wikipedia. 29 Aug. 2005. 29 Aug. 2005. <http://en.wikipedia.org/wiki/Same-sex_marriage>.

"Same-sex marriage law passes 158-133." CBC News. 29 Jun. 2005. 28 Aug. 2005. <http://www.cbc.ca/story/canada/national/2005/06/28/samesex050628.html>.

Stritof, Bob, & Stritof, Sheri. "Same Sex Marriage License Laws." About. 29 Aug. 2005. <http://marriage.about.com/cs/marriagelicenses/a/samesexcomp.htm>.

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