Same-sex marriage in Sweden
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Same-sex marriage is not legal in Sweden due to a 1987 law that defines marriage between one man and one woman, but civil unions are offered, permitting the benefits and obligations of marriage. See Civil unions in Sweden.
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[edit] Background
In August 2006, a parliamentary committee described the civil union law as outdated and recommended that the government allow full same-sex marriage.
In January 2007, the committee recommended allowing same-sex marriage, with the caveat that churches and the like should be able to exempt from performing such marriages if they are against it.
In March 2007, the Church of Sweden announced that it approves of same-sex marriage.[1] The Church already performs blessings of civil unions. However, the Church will not use the term äktenskap ("marriage") as it believes this word should be reserved for marriage between a man and a woman. A report published later in March 2007 by Hans Regner (the government's most senior lawyer), proposed that marriage be extended to homosexual couples.[2] Religious groups will be exempt from being compelled to perform same-sex marriage, because of fears of many clergy refusing to perform any marriages as a result.
In the Swedish parliament there is an overwhelming majority for legalising same-sex marriages. Only one party of seven says no to legalising same-sex marriages. The parties in the Riksdag presented in order of size and their opinion of same-sex marriages:
| Party | In favour | Seats in the riksdag | Position |
|---|---|---|---|
| Socialdemokraterna | Yes | 130 | Opposition |
| Moderate Party | Yes | 97 | Leader of the government |
| Centerpartiet | Yes | 29 | Coalition partner in the government |
| Liberal People's Party | Yes | 28 | Coalition partner in the government |
| Kristdemokraterna | No | 24 | Coalition partner in the government |
| Vänsterpartiet | Yes | 22 | Opposition |
| Miljöpartiet | Yes | 19 | Opposition |
The government consists of Moderaterna, Centerpartiet, Liberal People's Party (Sweden) and Kristdemokraterna. The Swedish minister of Justice, Beatrice Ask, who is responsible in the matter, reacted positively when the commission presented its result. The Moderate Party's leader and Prime Minister Fredrik Reinfeldt is a liberal when it comes to LGBT rights. For instance he voted for the civil union in 1994 when the mother party said no. How the legalising will end is not clear; one of the coalition partners is against the legalising. The leader of Socialdemokraterna have said that she will put forward a bill in the riksdag itself if the government cannot unite in this matter. For that she'll need to convince one of the governing parties as well, which not is easy due to the strong bounds between the governing parties.
In early October, the Green party, Left party and Social Democrats' said they would join forces to introduce an oppostion motion in parliament to legalize same-sex marriage.
On October 27, 2007, the Moderate Party of Sweden formally backed same-sex marriages, meaning that the Christian Democrats, who are also in the coalition with the governing Moderate Party, will be the only party to oppose the law. Göran Hägglund, who is the leader of the Christian Democrats, stated on Swedish Radio: "My position is that I have been tasked by the party to argue that marriage is for men and women." "When we discuss it between parties we are naturally open and sensitive to each other's arguments and we'll see if we can find a line that allows us to come together." [3]
On December 12, 2007, the Church of Sweden gave the green light for same-sex couples to wed in the church, but recommended the term "marriage" be restricted to opposite-sex couples. It was asked by the Government for its opinion on the matter, before actually introducing legislation in early 2008. "Marriage and (same-sex) partnerships are equivalent forms of unions. Therefore the Church of Sweden's central board says yes to the proposal to join the legislation for marriages and partnerships into a single law," the Church said in a statement. "According to the Church of Sweden's board the word 'marriage' should however only be used for the relationship between a woman and a man," it said. [4]
On January 14, 2008, two leading politicians in Kristdemokraterna took a position against the party and started to support same-sex marriage.[5]
According to several reports, the Government is expected to table its same-sex marriage bill in early 2008. However, no bills have been tabled yet. This is likely due to the Christian Democrats opposition.
[edit] Court Challenge
On May 12, 2008, media sources reported that a married gay couple from Canada is challenging the Swedish Government in Federal Court, because it denied to recognize their relationship as a marriage.[6]
Although lower courts had refused to hear the case, the Federal Court agreed to hear the challenge. If the suit is successful, same-sex marriage recognition would become legal in the country. However, it is unlikely the Court would be able to force the country to start allowing marriages between couples of the same-sex in Sweden itself. A future challenge, however, could make this possibility a reality.
[edit] Opinion polls
A poll conducted by Angus Reid Global Monitor regarding European Union integration and attitudes on social issues, found Sweden with the second largest public approval ratings regarding the legalisation of same-sex marriage. 71% of Swedes regard same-sex marriage as a viable option in the near future. 51% of Swedes approve of adoption for same-sex couples.[7]
[edit] References
- ^ Swedish bishops say yes to gay church weddings
- ^ Inquiry gives green light to gay marriage
- ^ 6 of 7 Swedish Parties Back Gay Marriage. UPI.com (2007-10-28).
- ^ Church of Sweden approves gay marriage law. The Local (2007-12-07).
- ^ Kd-politiker går mot partiet. DN.se (Dagens Nyheter) (2008-01-14).
- ^ Gay Couple Sues Swedish Government for Recognition (2008-05-12).
- ^ Eight EU countries back same-sex marriage. Retrieved on 2008-05-15.
[edit] External links
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