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Same-sex marriage in Portugal

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Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal

The Portuguese civil code currently bans same-sex marriage, but civil unions have been legal since 2001.

Constitutional Court

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.[1][2].

2005 Elections

Same-sex marriage was the source of debate during the 2005 legislative elections, with the winning socialists failing to make a clear statement in favour of same-sex marriage. Prime Minister José Sócrates has stated that introducing same-sex marriage legislation is not in his government's agenda, yet he has not ruled out the possibility that such legislation be introduced if his socialist government receives 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.

Petition

A petition in favour of same-sex marriage with around 7000 signatures was delivered to the Portuguese parliament on 16 February, 2006.

Manuela Ferreira Leite

Manuela Ferreira Leite, the leader of the main opposition party, has expressed her disapproval on the recognition of same-sex unions.[1].

Law projects by BE and PEV

In September 2008, BE and PEV proposed simultaneously the change of the civil code to allow same-sex marriages. The PEV project would not contemplate adoption by same-sex couples. These law projects were voted on October 10, 2008, but PSD, PP and PS voted against it.

See also

References

  1. ^ Manuela Ferreira Leite admite discriminar casais Gay, in Diário de Notícias

External links

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