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| Same-Sex Marriage
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. 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 part, 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. When the new law takes effect at the end of 2008 or early 2009, Norway will become the sixth country to grant same-sex couples the right to marry. Latin America Although a popular perception is that the countries of Latin America lag behind the United States in granting rights to gay and lesbian couples, that perception is belied by recent developments. In 2000, the Brazilian government extended de facto legal recognition to same-sex relationships by allowing gay and lesbian couples the right to inherit each other's pension and social security benefits. The Brazilian policy requires applicants to prove a "stable union." In 2002, the city of Buenos Aires adopted a domestic partnership ordinance that granted legal status to same-sex couples and a handful of rights such as hospital visits and pension benefits. Similarly, a bill was recently introduced in Chile's Congress to recognize same-sex couples. In 2006, Mexico City's legislative assembly adopted a domestic partnership ordinance that provides same-sex couples many of the rights of marriage, including inheritance rights and pension benefits, though not adoption rights. Conclusion While progress abroad has been steady, efforts to achieve same-sex marriage in the United States have been slowed by well-organized opposition from the Roman Catholic Church and the religious right. Lesbian and gay couples continue to press their case in court and before the public. In time this country may catch up to where other countries already are.
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| Bibliography | ||
Baird, Robert M., and Stuart E. Rosenbaum, eds. Same-Sex Marriage: The Moral and Legal Debate. Amherst, N. Y.: Prometheus Books, 1996. Daley, Suzanne. "French Couples Take Plunge That Falls Short of Marriage." New York Times (April 18, 2000): A1. Eskridge, William E. The Case for Same-Sex Marriage. New York: The Free Press, 1996. Kulow, Marianne DelPo. "Same-Sex Marriage: A Scandinavian Perspective." Loyola of Los Angeles International & Comparative Law Review 24 (2002): 419-38. Krauss, Clifford. "Canadian Leaders Agree to Propose Marriage Law." New York Times (June 17, 2003): A1. _____. "Gay Canadians' Quest for Marriage Seems Near Victory." New York Times (June 15, 2003): A3. Maxwell, Nancy G. "Opening Civil Marriage to Same-Gender Couples: A Netherlands-United States Comparison." Arizona Journal of International & Comparative Law 18 (2001): 141-207. Rohter, Larry. "Brazil Recognizes Same-Sex Unions." International Herald Tribune (June 12, 2000): 10. Rubenstein, William B. Cases and Materials on Sexual Orientation and the Law. 2nd ed. St. Paul, Minn.: West Publishing, 1997. Sullivan, Andrew, ed. Same-Sex Marriage: Pro and Con. New York: Vintage Books, 1997. Strasser, Mark. On Same-Sex Marriage, Civil Unions, and the Rules of Law. Westport, Conn.: Praeger, 2002. Wardle, Lynn D., Mark Strasser, William C. Duncan, and David Orgon Coolidge, eds. Marriage and Same-Sex Unions, A Debate. Westport, Conn.: Praeger, 2003. www.hrc.org/familynet.
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| Citation Information | ||||
| Author: | Johnson, Gregory A. | |||
| Entry Title: | Same-Sex Marriage | |||
| General Editor: | Claude J. Summers | |||
| Publication Name: | glbtq: An Encyclopedia of Gay, Lesbian,
Bisexual, Transgender, and Queer Culture |
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| Publication Date: | 2004 | |||
| Date Last Updated | August 15, 2008 | |||
| Web Address | www.glbtq.com/social-sciences/same_sex_marriage.html | |||
| Publisher | glbtq, Inc. 1130 West Adams Chicago, IL 60607 |
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| Encyclopedia Copyright: | © 2002-2006, glbtq, Inc. | |||
| Entry Copyright | © 2004, glbtq, inc. | |||
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