Same-sex marriage in Portugal
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The Portuguese Civil Code currently bans same-sex marriage, even though cohabitating same-sex couples are afforded several of the rights of marriage since 2001 (see Civil union in Portugal). Portuguese Prime Minister José Sócrates stated on 21 January 2009 that, if re-elected in the September 2009 elections, he plans to introduce a bill to allow same-sex couples the right to marry. While the bill does not contemplate adoption, most LGBT organizations in Portugal support the measure as an important step towards equality. His party won the largest share of the vote on 27 September 2009.[1][2]
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[edit] Constitutional Court ruling
On February 1, 2006, a lesbian couple applied for a marriage licence. Their application was refused, but the couple, Teresa Pires and Helena Paixão, have promised to challenge the ban in court, saying that it discriminates against them on the basis of sex and sexual orientation and discrimination on the basis of sex is banned on the 1976 constitution, and in 2004 sexual orientation was added as a basis for which no one should be discriminated against. In May 2007 the court rejected the motion and they have appealed to the Portuguese Constitutional Court. The Constitutional Court received the case in July 2007. Helena and Teresa's lawyer, Luís Grave Rodrigues presented their allegations on October 19, 2007, including seven legal opinions (pareceres) from Portuguese professors of law arguing that the ban on same-sex marriage is unconstitutional.[3][4]
On July 2009, the Constitutional Court decided on a 3-2 vote that the constitution does not demand the recognition of same-sex marriage.[5][6]
[edit] 2005 Elections
Same-sex marriage was the source of debate during the 2005 legislative elections, with the winning Socialist Party failing to make a clear statement in favour of same-sex marriage. Prime Minister José Sócrates had stated that introducing same-sex marriage legislation was not in his government's agenda, yet he had not ruled out the possibility that such legislation be introduced if his government was to receive a second consecutive mandate in future elections. The youth wing of his party, as well as the other two left-of-centre parties with parliamentary representation have spoken strongly in favour of same-sex marriage, while the right remains extremely opposed to any such legislation.
[edit] 2008 same-sex marriage bill
A bill to legalize same-sex marriage was presented to the Parliament on October 10, 2008. The bill, which did not include adoption rights, received support from the Left Bloc (BE) and Green Party (PEV), but was opposed both by the governing Socialist Party and the main opposition Social Democratic Party. It failed by a 202-28 vote.[7][8]
[edit] 2009 Elections
Prime Minister José Sócrates stated on 21 January 2009 that, if re-elected in the September 2009 elections, he plans to introduce a bill to allow same-sex couples the right to marry. While the bill does not contemplate adoption, most LGBT organizations in Portugal support the measure as an important step towards equality.[9][10]
In March 2009, Jorge Lacão, the Secretary of State for the Presidency of the Council of Ministers, confirmed that the Socialist government intends to legalise same-sex marriage if re-elected in 2009.[11]
Manuela Ferreira Leite, the leader of the conservative Social Democratic Party, has expressed her disapproval on the recognition of same-sex marriage.[12].
In May 2009, a grassroots movement, The Movement for Equality in Access to Civil Marriage, was formed to campaign for the proposed same-sex marriage law. It has attracted the support of several Portuguese celebrities, including Nobel Prize winner José Saramago and Mayor of Lisbon António Costa.[13]
In October 2009, the newly re-elected José Sócrates made an assurance that the Socialist Party would move ahead with its campaign promise of same-sex marriage. The proposition received strong support from the Left Bloc, with its parliamentary leader presenting a proposed amendment to the Family Code which would make the definition of marriage gender-neutral.[14][15][16][17] In mid-October 2009 Jorge Lacão said is likely same-sex marriage will be legalised in early 2010.[18]
On November 3, 2009, José Ribeiro e Castro, member of the CDS-PP, called for a referendum.[19] Socialist Party and Left Bloc rejected that idea.[20][21][22][23] On November 4, Francisco Assis, the parliamentary leader of the Socialist Party, said same-sex marriage bill will be voted soon and confirmed that the bill will not allow same-sex couples to adopt children.[24][25]
On December 17, 2009, the Government approved same-sex marriage bill. Governmental initiative will be considered by parliament in mid-January 2010. If passed, would come into force in April 2010.[26][27][28]
[edit] See also
[edit] References
- ^ Leader of Portuguese Ruling Party Seeks to Create Homosexual “Marriage" in Portugal
- ^ Portugal May Be Next in Line for Gay Marriage
- ^ Opinions personalities maintain grounds of appeal lodged in TConstitucional
- ^ "I want them married in the Spring"
- ^ Portugal Gay Marriage Ban Upheld By Court
- ^ Divided Portugal court upholds gay marriage ban
- ^ Portugal Says No To Gay Mariiage
- ^ Portugal's Parliament Votes Against Gay Marriage
- ^ Leader of Portuguese Ruling Party Seeks to Create Homosexual “Marriage" in Portugal
- ^ Portugal May Be Next in Line for Gay Marriage
- ^ Weddings in the next legislature
- ^ Ferreira Leite admits discriminating couples 'gay'
- ^ Same-sex marriage campaign launched in Portugal
- ^ BE available to approve the short-term same-sex marriage
- ^ Gay Weddings: BE has delivered diploma for legalization
- ^ BE forward today with gay marriage
- ^ Portugal to legalize same-sex marriage
- ^ Portugal: Gay marriage already during the next year?
- ^ Gay marriage: Ribeiro e Castro wants referendum
- ^ Socrates rejects referendum on gay marriage
- ^ Gay Marriages advance
- ^ BE finds it "inappropriate" referendum on gay marriage
- ^ Socrates rejects referendum on gay marriage
- ^ PS refusal referendum and adoption away
- ^ PS requires a free vote on gay marriage
- ^ Portuguese govt proposes measure to permit gay marriages, Parliament approval is expected
- ^ Portugal tipped to allow gay marriage
- ^ Portuguese govt aims to permit gay marriage
[edit] External links
- Gay marriages brought to the table
- Portuguese Govt says no to gay marriage
- Portuguese Parliament blocks gay marriages
- Gay marriages get thumbs down in Portugal
- Roman Catholic Church ready to fight gay equality in Portugal
- Same-sex marriages hot debate in deeply Catholic Portugal
- Portuguese Pols Promote Marriage Equality
- Portugal's PM José Sócrates Promised to Legalize Gay Marriage If Re-Elected. Well, He Was
- Re-elected Portuguese prime minister promised to allow gay marriage
- Same-Sex Marriage in Portugal?
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