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Same-sex marriage in Norway

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This is an old revision of this page, as edited by Silje (talk | contribs) at 09:56, 7 January 2009 (→‎Legislative history of the same-sex marriage bill: artificial insemination is the more correct term; IVF is rarely used). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

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Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in 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.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

Same-sex marriage became legal in Norway on 1 January 2009 when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008. Norway became the sixth country in the world to legalize same-sex marriage.

Timeline

Civil Unions

Norway has allowed same-sex civil unions since the April 30, 1993 act, which came into force on August 1, 1993.

The Registered Partnership Act grants virtually all the protections, responsibilities and benefits of marriage, including arrangements for the breakdown of the relationship.

The act states that the articles in the Adoption Act relating to married couples shall not apply for registered partners. It also follows from the Act on Biotechnology that artificial insemination can only be given to a married couple or cohabitants of opposite sexes. In 2002, however, registered partners were allowed to adopt their partner's children.

In 2002, Reuters reported that around 150 couples registered their partnerships each year. One of the more notable people to register their relationships was former Finance Minister Per-Kristian Foss.[1]

Couples who have registered their relationships may retain their status as registered partners or "upgrade" to a marriage after the new law takes effect. However, no new registered partnerships may be created after gender neutral marriage is available.

Legislative history of the same-sex marriage bill

A bill was proposed on November 18, 2004 by two MPs from the Socialist Left Party to abolish the existing civil union laws, and make marriage laws gender neutral. The move was withdrawn and replaced by a request that the cabinet further investigate the issue. The conservative cabinet of that time did not look into the issue. However, the second cabinet Stoltenberg announced a common, unified marriage act as part of its foundation document, the Soria Moria statement. A public hearing was opened on May 16, 2007.[2]

On May 29, 2008, the Associated Press reported that two Norwegian opposition parties came out in favour of the new bill, assuring its passage when at the June 11 vote. Prior to this, there were some disagreements with members of the current three-party governing coalition on whether the bill had enough votes to pass.[3]

The first parliamentary hearing, including the vote, was held on June 11, 2008 approving by 84 votes to 41 a bill that will allow same-sex couples to marry.[4] This came after the Norwegian government proposed a marriage law in March 14, 2008, that would give lesbian and gay couples the same rights as heterosexuals, including church weddings, adoption and assisted pregnancies. The new legislation amends the definition of civil marriage to make it gender neutral.[5] Norway's upper house passed a new equality law with 23-17 vote in favor of the gender neutral marriage. The King of Norway granted royal assent thereafter. The law took effect on January 1.[6]

In addition to providing a gender-neutral definition of marriage, the bill states that when a woman who is married to another woman becomes pregnant through in artificial insemination, the other partner will have all the rights of parenthood "from the moment of conception".

Three different polls conducted by EOS Gallup Europe, Sentio and Synovate MMI in 2003, 2005 and 2007, concluded that 61%, 63% and 66%, respectively, of the Norwegian population support gender-neutral marriage laws.

References

  1. ^ "Norway names gay prime minister, briefly". 2002-01-25. Retrieved 2008-06-12.
  2. ^ "Norway Moves To Legalize Gay Marriage". 365gay.com. 2007-05-16.
  3. ^ "Majority in Norwegian parliament agrees on new law allowing gay weddings, adoptions". Associated Press. 2008-05-29. Retrieved 2008-06-12.
  4. ^ "Norway legalises gay marriage". 2008-06-11. Retrieved 2008-06-12.
  5. ^ Ravndal, Dennis (2008-06-11). "Tårer da ekteskapsloven ble vedtatt" (in Norwegian). Verdens Gang. Retrieved 2008-06-11. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  6. ^ "Norway Gay Marriage Bill Passes Final Hurdle". 365gay.com. Retrieved 2008-06-17.
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