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| Same-Sex Marriage
In June 2005, Spain became the third country to legalize same-sex marriage. The Spanish law allows same-sex couples to adopt. Upon the law's passage, Socialist Prime Minister Jose Luis Rodriguez Zapatero said, "We are not legislating . . . for remote unknown people. We are expanding opportunities for the happiness of our neighbors, our work colleagues, our friends, our relatives." Noting the developments in the Netherlands and Belgium, Prime Minister Zapatero proclaimed, "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 After a protracted struggle, Canada became the fourth country to allow same-sex marriage. The drive for marriage in Canada achieved a significant victory with the Canadian Supreme Court's 1999 decision in M. v. H. The Court ruled 8-1 that the exclusion of same-sex partners from the definition of spouse in the Ontario Family Law Act for purposes of spousal support violated the Canadian Charter of Rights and Freedoms. The court stopped short of declaring that same-sex couples have the right to marry, but the sentiment of the opinion seemed to suggest that such a step was soon to follow. Activists quickly filed same-sex marriage lawsuits in Ontario, Quebec, and British Columbia. Appeals courts in all three of these provinces declared that prohibiting same-sex couples from marrying violates the Charter of Rights and Freedoms. The Ontario Appeal Court ordered the government to begin issuing marriage licenses to same-sex couples immediately. In June 2003, Prime Minister Chretien's cabinet announced that the government would not appeal the ruling of the court. They agreed on a measure that would open marriage to same-sex couples throughout the country. A vote on the measure in the House of Commons was expected in the fall of 2003 but was postponed because of a change of prime ministers. The Canadian Parliament finally approved this measure in July 2005. The law does not require either party of the marriage to be a Canadian citizen. After the favorable opinion in Ontario in 2003, thousands of lesbian and gay couples, including many same-sex couples from the United States, received their marriage licenses in Ontario, Quebec, and other provinces that subsequently legalized same-sex marriage through court action. Since parliament's action in 2005, same-sex marriage is legal throughout the country. However, the Conservative minority government that took power in 2006 pledged to reopen the question of same-sex marriage, despite the fact that constitutional experts predicted legal chaos if the same-sex marriage bill were repealed and despite the fact that polls have consistently shown that a healthy majority of Canadians are in favor of same-sex marriage. In December 2006, Prime Minister Stephen Harper fulfilled his campaign promise to reopen the question of same-sex marriage by introducing a bill that would have authorized the government to repeal the same-sex marriage law while respecting the same-sex marriages that had already been performed and instituting civil unions. Widely perceived as a sop to the evangelical Christian supporters of the Conservative Alliance party, the bill was soundly defeated. Afterward, the Prime Minister declared the question settled and promised not to revisit the issue. South Africa In 2005, South Africa's Constitutional Court found that the denial of the rights of marriage to same-sex couples violated the country's constitution, which prohibits discrimination on the basis of sexual orientation. The Court did not specify a remedy, but gave Parliament until December 2006 to adopt legislation rectifying the injustice. Despite opposition from church groups and traditional leaders, the Parliament adopted legislation that both created civil unions and legalized same-sex marriage. On December 1, 2006, South Africa became the fifth nation to legalize same-sex marriage. Norway On June 11, 2008 the Norwegian Parliament approved legislation that permits homosexual couples to marry and adopt children and permits lesbians to be artificially inseminated. Although the legislation was bitterly opposed by the Christian Democrats and a small far-right party, it was supported by the governing left-of-center coalition and individual members of other parties. After a heated debate, the legislation was adopted by a vote of 84 to 41. The new marriage law replaces the partnership law of 1993, which provided homosexuals the right to form civil unions. Norway became the sixth country to grant same-sex couples the right to marry. Sweden On April 1, 2009, the Swedish Parliament followed Norway's lead and approved legislation permitting gay and lesbian couples to be married, thus making Sweden the seventh country in which marriage equality has been achieved. Supported by six of the seven parties in Parliament, and on a vote of 262 to 22, the new law replaces the partnership law of 1995. It does not compel churches to perform same-sex weddings, but it is believed that many churches will do so.
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