Civil union

The term civil union indicates particular legal tendencies intended to frame the common life of two people.

Compromised between Cohabitation (or union in fact) and Marriage, they, though exclusively, are usually not created for the of the same couples sex with the objective to give rights equivalent to those of the marriage.

Names different from one country to another ( partnership domesticates , civil partnership , partnership recorded …) according to the extent of the rights which they grant and to mark a little more the distinction with the marriage.

They make the object of criticism opposite:

on the one hand those which regard them as different and unequal statutes marriage, therefore discriminant,
on the other hand those which regard them as an opening to the Homosexual marriage but under another name to attenuate the symbolic range of it.

Summary of the situation

One has attended for a few years the creation of these statutes in many parts of the sphere:

California, Connecticut, Maine, New Jersey, Vermont and Washington D.C with the the United States;
Alberta, Manitoba Nova Scotia and Quebec with the Canada;
Germany, Andorra, Denmark, Finland, France, Iceland, Luxembourg, Norway, Czech Republic, the United Kingdom, Slovenia, Swiss Sweden and in Europe;
Argentinian Buenos Aires in ;
New Zealand, Tasmanie, Western Australia, Queensland and Territory of the Australian capital in Australia.

In July 2004, the State of the New Jersey adopts a law which grants to the homosexual couples the majority rights granted to the grooms. However, the government of the State chose the term of " partnership domestique" , even if, generally this heading is intended for unions with the rights lower than the civil unions, as it is the case in Hungary (1996), with the Portugal (2001), and in Croatia (2003).

Parfois the marriage is authorized whatever the sex of the partner:

The Netherlands adopt in 2001, a law making it possible the homosexual couples to marry.

The Belgium follows the same way in 2003.

Between June 2003 and June 2005, eight provinces and a territory of Canada extended the marriage to the of the same couples sex, which led to a law in 2005 imposing, in the law, these marriages on the whole of the Canadian Confédération.

The Homosexual marriage is also possible in the American state of the Massachusetts (2004) and in Spain (2005).

Ailleurs of the provisions is taken so that does not arrive

- to supplement

North America

Although since July 2005 with the adoption of the bill C-38, the Canadian Confédération opened the marriage with the of the same couples sex by redefining it like “a union of two people whatever their sex” , there exists between the Canadian Provinces and territories of the differences on the civil unions, the civil statue not being of their exclusive competence.

- /Union civil

The New Jersey gives to of the same couples sex the occasion to enter a civil union with practically all the rights of the married households. Moreover, starting from this date, the marriages of even-sex and the civil unions formed under the terms of the laws of other states and nations are identified as civil unions in the New Jersey. In July 2004, the New Jersey issued a domestic law of partnership giving to of the same couples sex some of the rights related to the marriage. However, on October 25th, 2006, the supreme court of New Jersey unanimously declared, in the case of Lewis v. Harris, that " the unequal exemption of the rights and the advantages to the of the same partners sex cannot be any more tolerated under our constitution of état". It was the first time in the history of the United States which the highest court of a state declared unanimously in favor of the rights of the of the same couples sex.

Consequently, on December 14th, 2006, the legislature of New Jersey passed a law establishing the civil unions; it was signed in the law by the Governor Jon Corzine, and was applied on February 19th, 2007. According to the new law, when a couple of even-sex contracts a civil union, their domestic partnership is automatically finished by the civil union. However, whereas domestic partnerships should not be offered to the of the same couples any more sex after February 19th, 2007, one will allow these couples which were already in partnership domesticates and which choose not to use a civil union to remain as domestic partners. Now, only the couples (homosexual or heterosexuals) in which the two partners are 62 years old or more can be recorded as new domestic partners.

In April 2004, the assembly of Maine adopted a law, coming into effect the July 30th 2004, establishing domestic partnerships , opening with the of the same couples sex, but not exclusively, of many rights associated with the marriage:

to profit from the statute of close relations;
to inherit (partly or completely) the partner deceased who would not have formulated will;
to make decisions funeral burials;
to be designated agent or tutor of the struck partner of incapacity;
to manage goods of the partner deceased;
to authorize donations of organs or fabric of the partner deceased;
to be able to be protected from the violence of its partner.

To make record their union, the boyfriends must be mentally qualified adults, without bond of consanguinity prohibited by the law and have resided together in the State for at least 12 months. They must send an act, signed beforehand in a notary, at the office of civil statue of the capital of the State, Augusta accompanied by the payment of the expenses of recording (35 $ in December 2006).

A domestic partnership is automatically dissolves if one of the parts marries someone else. It can also be broken after 60 days of time following a mutual declaration of assent, signed by the two parts; or by a part, after notification with the other part according to the strict directives of the State.

The law, discussed, on the civil unions adopted in Vermont in 2000 was a response of the State to the Supreme court of Vermont which, following the business Baker v. Vermont, required that the homosexual couples have the same rights and preferences that those granted to the married couples.

In front of the opposition, the legislature of Vermont chose thus the civil unions, compromised between the requests for equal rights for the homosexual ones and the total rejection of the homosexual marriage.

The opponents with this law supported the act of defense of the marriage ( and the federal proposal for an amendment on the marriage in order to avoid a possible obligation of recognition of the homosexual couples in other jurisdictions.

A civil union in Vermont is quasi-identical to the marriage, concerning the rights of competences official and nonfederal.

This guaranteed competence rights of nearest relatives ( ) and the other protections granted to the married heterosexual couples.

Between July 2000 and January 2002, 3.600 civil unions were contracted in Vermont.

Mexico City

The November 9th 2006, the capital of the Mexico, Mexico City, federal district having an independent Parliament, adopts the law of company of coexistence ( ) by 43 votes in favor, 5 abstentions and 17 against.

This law, which according to Armando Quintero, leader of the group of PRD, left the mayor of the city, goes to make progress human rights and civilians of these people (the homosexual ones), who are supposed to be born free and equal under the Constitution , was prepared in 2000 in collaboration with gay associations and lesbians and initially envisaged the adoption by the of the same couples sex. But it was rejected at the time of its first presentation at the Parliament of Mexico City, on December 19th, 2000 for lack of a true parliamentary majority. Indeed at that time the Parliament was composed of three parties, the Parti of the democratic revolution (19 seats), the Parti national action (17 seats) and the institutional revolutionary Parti (16 seats).

By this text which resembles the PaCS French enormously, near to the cohabitation, the city legalizes the Civil unions between homosexual, but not only, because two sisters or two cousins of different sex will be able to conclude this type from contract. It should be recalled that in Mexico the Avortement was still not legalized.

This text which concerns only the inhabitants of Mexico City:

imposes the respect of the provisions taken by the partner in the event of death;
creates an obligation of mutual solidarity between the partners.

does not authorize the homosexual marriage;
does not authorize the adoption by homosexual couples;
does not mention the cover health;
does not authorize the mutual insurance company health or the credit recourse as a partner;
the rupture of the union does not require a consensus and the injured partner can prevail himself of no legal action.

Coahuila

The January 11th 2007, under the impulse of the Governor, Humberto Moreira, the deputies of the Coahuila, State of the north of Mexico, approved with 20 votes against 13, a law giving to the homosexual couples the same rights as those of the heterosexual couples.

Coahuila is thus the second state of Mexico and the first rural state of South America which brings a recognition to the of the same couples sex.

The law suggested by the PRI which directs the State was adopted in spite of the opposition of the president of the Republic Felipe Calderon and the SIDE, conservative party majority nationally.

It marks a real advance in the fight for the equal rights since it gives to the gay couples rights more developed than the laws adopted previously in Latin America.

That really resembles a civil wedding declared, at the agency Reuters, Silvia Solis, militant which leads a national campaign for the recognition of the human rights of the populations LGBT. This law which could be used as example for other laws to come grants, in fact, the same welfare benefits with the two partners.

It grants to the of the same couples sex the possibility of recording their union and envisages a series of rights as regards heritage, mutual medical help, social security or death for the partners.

The extension of the benefit of the social security for the of the same couples sex, non-existent in the law of the district of Mexico City, is a victory for the militants LGBT, who underline the many cases of old couples and the poor existing in the State de Coahuila.

South America

Argentinian

In Argentina, the Mariage is allowed only between one man and a woman. However the homosexual couples enjoy there certain rights usually granted to the married couples:

since 1997, the partner surviving can require the death benefit pension of widowhood;
since 1998, a trade-union coalition allows the statute of having right of the Social security to the partners of the professors and the personnel of air transports;
in October 1998, in the province of Mendoza, judge Graciela Mastracusa has granted to a couple of men, together for four years, the same social security benefits as those granted to the heterosexual couples married under the Common law (social security benefits, allowances following an industrial accident and a pension of widowhood). The decision indicated that the couple lives under the same conditions, " obvious, stable and permanent " , that a traditional marriage enters a man and a woman. The couple, a 35 year old civil servant and a 25 year old machinist, had made their request in October 1997;
in 2002, the province of the Río Negro vote a law which opens with the homosexual unions in fact rights hitherto a41dernier $c-b1, e,10 $c-b26 ce $c-b16 $c-b43, bn,84 reserved to the boyfriends heterosexuals (except the marriage and the adoption);
on December 13rd 2002, the autonomous quoted of Buenos Aires becomes the first town of Latin America to adopt a law (n°1004) on the civil unions which guaranteed to the nonmarried couples (hétéro- or homosexual) the access to the health insurance, the pensions, the residences, the social security benefits and the marital visits in prison and the hospital, but does not allow the successions, the access to the marriage, nor the right to the adoption. Coming into effect on July 21st, 2003, the law was approved in spite of the opposition of the Argentinian Catholic church, which denounced the legal competence of the city to define the civil union, were the first with signed their contract of union. They will say to the occasion Our company proved its maturity by recognizing our rights and All the gays, lesbians, transvestites and transsexuals of Argentina always waited this moment ;

has federal court in Rosario, Argentina, ordered the country' S largest union-operated health-care organization, the Obra Social of Empleados de Comercio there Actividades Civiles (Retail and Personal Store Union Health Care Organization), to extend coverage to same-sex partners in early October 2005. National Constitution, the American Declaration off the Rights and Duties off Man, the Universal Declaration off Human Rights, and the International Covenant one Economic, Social The ruling was based one and Farming Rights. Judge Sylvia Aramberri stated:

“The dynamics off social life require that the laws regulating human conduct adapt to the variations that operate within it to prevent reality from overflowing the legal norms.”

Brazil

The Brazilian state off Rio Grande C Sul legalized Civil union S after has short decision in March 2004. Same-sex couples in committed relationships edge register At any notary public office. Although it does not federal affect rights, it gives same-sex couples more equality in many areas. Same-sex couples who register cuts the right to jointly own property, establish custody off children, and claim the right to pensions and property when one partner dies.

Brazil- (2002) box law was made that has partnership solemnized in France was deemed legal in Brazil for immigration purposes; also the surviving length-time partner off the late Cassia Eller was awarded child custody and inheritance rights based one to their partnership. The Brazilian government, one June 8,2000, extended de facto legal recognition to same-sex relationships by granting such couples the right to inherit each other' S pension and social security benefits. Property rights (1998): The Brazilian High Short decided February 11,1998, to grant property rights to surviving partner off gay relationship. Businessman Milton Alves Pedrosa, from Belo Horizonte capital off the Brazilian state off Minas Gerais, won by unanimous decision off the Brazilian High Short the right to half off the estate off his partner who died off AIDS in 1989.

Colombia

Colombia- (2003) the Senate discussed has same-sex union and anti-discrimination bill. Read the text off the proposed law At http://www.leyparejas.com/. However, in late August 2003, Colombia ceased discussing its plans to legalize same-sex relationships, likely has direct result off has the recent Vatican declaration restating its opposition to homosexuality.

Mexico

In November off 2006, Mexico City 'S capital, Mexico City City, legalized Civil unions between same-sex couples. The new law grants the following rights:

Allows the provision off one party' S estate in the vent off death.
Generates the requirement mutual provision off food & BASIC needs.

Does not allow same-sex marriage
Does not allow adoption by same-sex couples.
social Omits security benefits
medical Does not allow coverage gold seeking has credit ace has partnership.
Ending the union does not require the authorizes both off left and the left party holds No right off claim over the leaving party.

The states off Coahuila and Colima are considering similar laws.

http://v2.e-llico.com/article.htm?articleID=14272&rubrique=actus Put on line the 11/10/06 Mexico: the town of Mexico City authorizes the homosexual unions

The first law envisaging the homosexual union was adopted Thursday by the town hall of Mexico City, in spite of the opposition of the Church and the preserving sectors of the company. The text, baptized " law of company of coexistence" , will however not allow to adopt a child and relates to only the town of Mexico City. It resembles French PaCS enormously, near to the cohabitation. It is not a text reserved for the homosexual ones. It must still be promulgated by the mayor of Mexico City and the first civil unions could intervene from here the end of the year.

In Latin America, only the Argentinian capital Buenos Aires also has a legislation allowing the homosexual union.

The debates around this text divided right and left. Partisans and adversaries of the law were opposed without major incidents in front of the places where the elected officials deliberated under the eye of the police force.

The text adopted in Mexico City could open the way with measurements concerning the remainder of the territory. Thus the governor of the State de Coahuila, in the north of Mexico, preaches a similar text.

Uruguay

Uruguay (1998) Cooperativa Bancaria workers through to their collective bargaining agreement received health benefits for unmarried (including same-sex) couples.

Venezuela

The Congress will discuss soon opening of the marriage to the gays and the lesbians

A private bill will be presented to the Congress Venezuelan in order to legalize the marriage of the homosexual couples. The text Co-was signed by a handle of members of the Block of the change, alliance created to support the initiatives taken by the government of president Hugo Chavez. The support which it will receive is for the very dubious moment. Hugo Chavez being opposite there and certain members of the new assembly, elected hardly more than one month ago, having emitted doubts about the possibility of passing in addition to the opposition of the president, the hope seems weak. Community LGBT vénézuélienne however saw these last years of the important improvements of its rights. The gay pride was in particular authorized, whereas the right parties previously with the capacity had always prohibited it. At the time of the edition 2005, the Chavez government had even sent a representative there. tetu.com copyright

by Mathilde Guillaume Information of January 10th, 2006

-->

Situation in Europe

European Union

The titles return towards the articles on the wikipédia of the language concerned

Germany -

Since the 2001, a " act for the partnership of life " was founded for the homosexual couples, only.

Before application, the law was the subject of an examination by the federal Constitutional court, owing to the fact that " The marriage and the family are placed under the particular protection of État" (article 6 of the Fundamental law of the Federal Republic of Germany).

The Court decided, the July 17th 2002 that the law did not weaken the protection of the marriage and the family and thus made it possible to give to the civil unions, about, the same rights as the married couples:

obligation of material and financial mutual assistance;
possibility of sharing same family name (one also being able to bear a double name);
exercise of the Family gathering if one of the partners is foreign, which gives the right to life and to work on the federal territory. German nationality could be obtained after the second birthday of the partnership and minimum a three years of residence;
modes testamentary and of heritage;
social coverage and retirement;
cancellation subjected to the same conditions as the divorce.

Except for:

the taxation (income tax and death tax);
and them advantages granted to the public office,

who require a modification by the Bundesrat

Whereas the joint adoption is not allowed, since January 1st 2005, the law authorizes the adoption of a biological child of the other partner, but in the condition that the other biological relative gives up his parental authority. This adoption causes the establishment of a double filiation and joint parental authority.

In October 2004, 5000 couples had made record their unions.

Article 6 of the introductory law of the German Civil code, also grants the same rights and duties, with the unions signed abroad, provided that those are not contrary with those granted by the German legislation.

Belgium - legal Cohabitation/Wettelijke samenwoning/

Belgium, country admitting the Homosexual marriage, knows also a mode of civil union, instituted by the law of the November 23rd 1998 (Belgian Moniteur of the January 12th 1999).

This statute is requested on simple written declaration from the commune by two major people who live in the same residence, they can be same sex and to have family ties (but do not have to be already dependant by the marriage or another legal cohabitation).

This statute brings certain rights and obligations:

each cohabiting must contribute to the loads of the household as far as its means;
the common residence cannot be sold or be the subject of a Hypothèque by one cohabiting without the agreement of the other;
the goods (and the incomes which they generate) are in Indivision, except if one of cohabiting can prove that they belong to him into clean;
in the event of death of one of cohabiting, the Death taxes of the survivor is calculated with the same rate as that between husband.

Cohabiting can also define other methods of their cohabitation by a convention passed in front of notary. In this case, the commune must be informed about it.

See also: Contenu=Voir the article ''' [http://fr.wikinations.be/Cohabitation_l equalizes legal Cohabitation] ''' on [http://www.wikinations.be/ wikinations.be].

Denmark -

Denmark was the first country in the world to create the civil unions between homosexual, by the law of the June 7th 1989, come into force on October 1st 1989 and extended to the Greenland in 1996.

The " partnership enregistré" open the same rights (legal and tax) that the marriage between heterosexuals. Except:

adoption or joint custody (except in the event of adoption by a partner of the biological child of the other, authorized by the law since 1999);
on the basis of law of 1997, the public hospitals and private clinics have prohibition to use the procreation médicalement assisted for couples of lesbians;
the laws which explicitly refer to the married sex of the couples are not applicable;
the international treaties apply only if all the signatories are of agreement.

Its dissolution follows the same rules as the divorce; an alimony can be allocated during a 10 years maximum following the dissolution of the partnership.

In the beginning only the Danish citizens could sign a recorded partnership, but in August 1995, an agreement between the Denmark, the Norway and the Sweden allows the recognition by one of these countries of the partnership subscribes in another. This agreement was extended to the Iceland in 1999.
Thereafter of other agreements with countries creating a mode of civil union likely to give the same rights to the partnerships recorded to Denmark was signed (Netherlands and Belgium)

Since July 1st 1999 of the foreign citizens who could not profit from such a legislation in their country of origin and who live in Denmark since at least two years can do it.

The partnership is a civil act, but the Danish Church remains divided but open on the question. Thus, on the basis of the principle that the blessed Church the people and not the institutions, certain priests agree to bless unions homosexuelles.
In January 2005, Danish the Prime Minister, Anders Fogh Rasmussen (liberal), decided in favor of the religious union of the homosexual ones.

Spain - of the parellas of fet

The June 30th 1998, the Parliament of the autonomous community of Catalonia adopted with the quasi-unanimity (100 votes for and 12 against) the bill on the forms of life commune other than the marriage. The law which results from it (the first of this type adopted in a country of Europe of the South), said law on the stable couples, allows the couples nonmarried, heterosexuals or homosexual, to have a statute as close as possible to that of the married couples in all the matters falling within the competence of the autonomous community.

In 2004 the government of Catalonia, like those of Navarre, the Pays Basque and Aragon authorized the adoption by the homosexual couples. The law which existed before 2004 in Catalonia authorized already the adoption by the gays and the lesbians, but permetait with the couples only " of accueillir" children.

Finally, on a bill of the Socialist government, the Spanish deputies voted the June 30th 2005, by 187 votes for and 147 against like 4 abstentions, in favor of a bill authorizing the homosexual marriage and the adoption. The law came into effect with its signature by the Head of the State, king Juan Carlos, and his publication in the Bulletin official of the State, the July 2nd 2005; the homosexual marriages are allowed since July 3rd.

Spain became thus the third country in Europe and fourth in the world, to approve the marriage between homosexual and the first to accept the adoption without restriction. The law had modified the Civil code to introduce the following sentence: The marriage will answer the same conditions and will have the same effects that the contractors are same sex or of a different sex .

Finland - Rekisteröity parisuhde/registrerat partnerskap

The civil unions exist in Finland since 2002 but relate to only the homosexual couples.

They open rights similar to the marriage with regard to the recording and dissolution, the joint parental authority and the Family gathering.

France - Civil pact of solidarity

Since November 1999, three forms of union coexist in France: the civil wedding, the Concubinage, and the PACS, intermediate situation opened with all the couples whatever their sex, there so that some could see a stage towards the Homosexual marriage (even if currently more than 75% of pacsés are heterosexual couples).

" pacsés" profit from right broader than those of the boyfriends: common imposition, heritage less heavily taxed, right to the immediate lease, taken joint vacation. N the other hand, they will be jointly responsible for the debts of the couple.

Hungary - Kapcsolat regisztrálásáról

Since 1996, Hungary recognizes the established couples whatever the sex of the partners, by an amendment with the civil code which stipulates that " partners - in the absence of precision - is two people who live an emotional and economic relation in the same residence, without being married ”. There is no official procedure of recording. The law gives some rights and advantages, but they are not automatically given, their attribution being competence of the social department of the local government.

The Hungarian government could extend the rights granted to the cohabitations and legislate on their recording, with the introduction, in 2007, of a new Civil code. But that remains hypothetical, no concrete plan not having was deposited for the moment, if it is not a proposal for a coalition of young people, which envisages, before even the new civil code, the extension of the rights relating to the successions and housing for the recorded unions.

The victory of the Socialist Ferenc Gyurcsany on April 23rd, 2006 is, seems it, of good omen for the projection of rights LGBT in Hungary.

Italy -

Luxembourg - legal Partnership

A civil union, opened to the of the same people sex or of different sex, was founded by the Law of July 9th, 2004, coming into effect on November 1st, 2004. It offers to the partners advantages in terms of taxation, inheritance and right to the social security, but does not authorize the joint adoption.

Netherlands -

In December 2000, the Netherlands modified the civil code in order to open the marriage with the homosexual couples.

The same year, 8 000 couples (of which 5 000 homosexual) had signed, in town hall, registers of partnership recorded born from law coming into effect on January 1st, 1998 and which remains applicable although it returns, from now on, mainly with the matrimonial right.

Portugal -

Introduced on July 1st, 1999, the unions civilians Portugueses were extended to the homosexual couples on March 15th, 2001.

This legislation has opened with the of the same couples sex, alive in a union in fact (cohabitation) for more than two years, the same rights as the heterosexual couples. By definition, the union in fact does not have to be declared (except in the event of common imposition).

It covers provisions concerning housing, the law the labor, the civils servant, the choice of tax mode, and the Social security. The only notable difference is that only the heterosexual couples can adopt children jointly.

The law of March 15th, 2001, also introduced a concept of multi-people (common economy) which concerns two people (or more) which lives in the same household for tax purposes, with the majority of the rights of the union in fact, except the advantages of the social assistance.

Czech Republic -

Entered in application the 1 2006, the law on the cohabitation for “the people living in the same residence” opens with the couples the rights of heritage and transmission of propriété.
It also creates a partnership recorded for the of the same couples sex, which gives several of the rights of the marriage, including, of transmission, hospital, of bridal privilege, and of alimony, but do not allow the adoption, the pension of widowhood, or the joint possession of the goods.

The first bill was proposed in 1995 but does not reach the Parliament. Examined successively in 1997 and 1999, the text will be rejected by twice.

February 11th, 2005, in spite of a support of 82 deputies (social democrat, communist, liberal and some members of opposition of the party “civic democracy”) over the 165 present another vote fails a voice,

The current text knew a rather serene parliamentary course

April 2005, 82 votes for, 9 votes against;
December 16th, 2005 86 votes for, 54 against, and 7 abstention.
January 26th, 2006, the Senate votes with 65 votes for and 14 vote against

But, on February 16th, the Czech president, Vaclav Klaus makes play its right to veto.

But with surveys evaluating with more than 60% the rate of support of the Czechs towards the homosexual marriage or the civil unions, this proposal had become a stake for the political parties in preparation for the elections legislative of June 2006.

And thus, on March 15th, the Prime Minister Jiří Paroubek will succeed in obtaining the exact number of necessary voices (101 out of 177) to supplant the veto.

the United Kingdom - /Partenariat civilian

The December 5th 2005, the law on the Civil Partnership between in force in Great Britain.

The rights and duties of this civil partnership are almost identical to the marriage.

The church Anglican, first religion of the country, refused to bless these unions.

Brighton, capital gay of the British kingdom with 40 000 homosexual for 161 000 inhabitants symbolically wished to be the first city with " marier" of the same partners sex.

Among the celebrities, Elton John and his partner David Furnish is " mariés" the December 21st 2005 with the town hall of Windsor; George Michael should also “marry” his/her companion Kenny Goss in 2006.

In 2003, the government of the the United Kingdom announces its project to introduce a civil partnership which would allow of the same couples sex to profit from several of the rights of the marriage. This law on the civil partnership, only reserved for the homosexual couples was presented first once to the House of Lords the March 30th 2004.

After the examination of the proposed amendments by the House of Commons, the law was adopted by the House of Lords, in last reading, the November 17th 2004, and received the royal Sanction the top November 18th.

The law is coming into effect the December 5th 2005, and the first partnerships civil being able to be actually recorded the December 19th in Northern Ireland, the December 20th in Scotland and the December 21st in England and with the Wales.

Separate provisions were included in the first act of finances 2005 in order to amend the tax laws to give the same advantages and disadvantages to the partnerships recorded that with the married couples. In order to prevent any request for marriage of homosexual couples the doors words of the government stressed that the recorded partnership is completely distinct from the marriage:

a civil partnership is formalized by the signature of a register, and not by the formulation of mutual wishes as with the marriage.
It will not be possible to require the dissolution of the civil partnership of the reason of the nonConsommation or Adultère, although the two joined together reasons can be qualified of reason for disability of the partnership, envisaged by the provisions governing the text
the legal definition of a traditional marriage is a " long life " while the words for a partnership civilians are " length terme" and " envisaged to be permanents".

Independently of the differences described above and the use of the word " mariage" , the partnerships and the civil weddings give the same statutory duties exactly and function under the same conditions and it is not legal to be dependant by a partnership and a marriage at the same time. The Christian line and groups tried to use this fact to denounce that it is simply a manner disguised to institute the homosexual marriage and have to militate for a form of union legally less recognized in order to preserve the unicity of the marriage under the terms of the law.

Contrary, much of defenders of the homosexual marriage object that the civil partnerships do not give the total equality of the rights. They see the legal marriage and the civil partnerships like two artificially separated institutions, and make a parallel with the Racial segregation in the past applied to the the United States.

The marriages between of the same couples sex and the civil unions signed in other nations will be automatically regarded as civil partnerships under the terms of the British laws. This means that, in certain cases, of the not-British bound by a civil union in their country more rights to the United Kingdom than in their countries of origin will have.

Slovenia - Registrirana istospolna partnerska skupnost

In July 2004, a very progressive law and which envisaged the equality of right (except the adoption) had been adopted at the time of its first passage in front of the Slovenien Parliament, but was rejected in second reading in March 2005.

Thereafter, Slovenia, adopted a law on June 22nd, 2005, which recognizes the civil unions between homosexual.

This law related to only the relative tendencies with the property, the rights and obligations of mutual support, the heritage. It did not grant any right in the field of the social security (health insurance, right of pension) and it did not confer the statute of the close relatives to the partners.

The discussion of this law gave place to a sharp debate within the Slovenien National Assembly, in particular the deputies of the Slovenien Party national who oppose the recognition couples of even-sex. The opposition (social democrats and liberals), alleging that the law suggested was too weak, refused to take part in the vote by leaving the Parliament. The vote joined together 44 votes for and 3 against.

The government proposed, on March 31st, 2005, a modification of the law hardly voted to grant the access to the pensions and the goods of the partner. It is effective since July 23rd, 2006, after its in July 2005 adoption. But this modification prevents the couples from having guests with the ceremony of recording, only the couple and the officer of civil statue can be present. The partners must present themselves 30 days in advance and present documents proving their which they are not already married, healthy of spirit, in good health.

The defenders of the rights of the LGBT criticized this prohibition of the guests and the family to the ceremonies but estimates the law is a stage in the right direction which lets hope that the government one day will issue the full equal rights of the marriage.

Sweden -

Sweden, was in 1995, the third country in the world to legalize the homosexual unions by creating a specific recorded partnership.

This statute grants the totality of protections, responsibilities and advantages of the marriage, including the adoption and the divorce (and even, since 2005, the In vitro fertilization for the couples lesbians).

Sweden also has a statute of distinct domestic act and more limited than the marriage or the civil union, to frame the unions of fait.
From 1988 to 2003, this act was governed by two different laws (for the heterosexual couples and for the of the same couples sex) which have since fusionné.
This “domestic association” is opened with nonSwedish, which means that one can move and live in couple in Sweden without being married.

The principal distinction between marriage and civil union is to be covered by separated laws, of a civil nature, which exclude the recognition from the Church (although the Swedish Church recently approved a ceremony of blessing of the homosexual couples).

Much Swedish does not include/understand this inequality and requires a law on the marriage free from any reference to the sex of the partenaires.
Indeed, the homosexual couples are generally considered by the Swedish company, like equal to the marriages heterosexuals (the expression " sig of gifta" is indifferently used to indicate one or the other union).

Certain militants of the separation of the Church and the State benefit from these claims to make institute an only civil marriage, like that is done in several countries, to replace the current system where only the churches hold the legal authority of the marriage.

The large majority of Swedish approves the homosexual marriage and complains about the slowness of the government to change the legislation, especially that the two types of contract are already almost identiques.
Under the terms of the principle of equality between the citizens this change is lived like inevitable if not normal.

But there is, all the same, a rather strong opposition of certain religious organizations, defense groups of the family and democrats Christian; who see there a threat with the value symbolic system of the marriage.

In a company as strongly laic and modern as Sweden, these arguments have only one relative range, and, of many Swedish agree to say that there is no validity in this argument since a marriage whatever the sex would not have more impact than the current law (which in particular had an positive impact on the marriage rate among heterosexuals).

Currently, five of the seven political parties of the Swedish Parliament are in favor of such a reform (the left party, greens, social democrats, the liberal party and it left center).
The liberals moderate still discuss question.

In 2004, the Parliament set up a committee to examine the possibility of opening the marriage with the of the same couples sexe.
Swedish, meticulous persons and careful, prefer to pass by a discussion and a decision-making process prolonged rather than to legalize too quickly even if a rejection of this evolution appears surprising.

It is thus very probable that Sweden will create a law of marriage for all in the years to come.

Entering futures of the EU

Croatia

Croatia recognizes the cohabitation of homosexual since 2003

The law on the homosexual civil unions grants, after three years, the same rights as to the hétérosexuelles unions in fact succession obligation of mutual support.

In parallel, a provision was voted prohibiting discrimination and the incentive with hatred founded on the sexual orientation.

On a proposal from the liberals and social democrats, Croatia currently studies the extension of the same rights as the marriage to the civil unions.

Other countries of Europe

Andorra - unió estable of parella

February 21st, 2005, the Council of the Principality of Andorra granted, unanimously, with the homosexual couples the right to contract civil unions.

This law, integrated into the new civil code is coming into effect on March 23rd, 2005 after publication with the official bulletin.

Fact to underline: this law on the unions of stable couples , was not signed by Joan Enric, bishop current of Urgell, but only by Jacques Chirac. Although “ the Coprinces are, jointly and in an undivided way, the Head of the State d' Andorre ”, only one signature is enough to sanction and promulgate new laws.

; The union of stable couple is opened with partners:

major or minor émancipés;
alive in couple;
of Andorran nationality (or the statute of permanent resident);
nondependant by bonds:

consanguineous (in hot or collateral line until the fourth degree),
of adoption,
of a marriage,
of another union.

; To declare their union the couples must produce:

a declaration on the honor of cohabitation (confirmed by two witnesses);
a copy of the passports or indentity cards;
a certificate of residence (the Andorran nationals are exempted by it);
a convention signed by the two parts governing the rights and the obligations mutual in particular property personal relations.

The stable union is recorded six months after the deposit of the declaration by the inscription on a dedicated register.

; After recording a stable union open right to:

obligation of mutual support;
a compensation and a pension in the event of a rupture;
the adoption and with the welfare benefits (labor social security and law), are subject to the same rules as a married couple.

; A union can be dissolved by:

the marriage (or the death) of one or the other part;
unilateral declaration with opinion writes formal with the other part;
mutual declaration.

Iceland - staðfesta samvist

The recorded partnership of the homosexual couples (only) there came into force in 1996.

She was unanimously voted voices of the Althing, the Icelandic Parliament, except for a member of the conservative Parti independence (is Sjálfstæðisflokkurinn) .

The law grants the totality of the matrimonial rights.

The joint exercise of the parental authority is allowed when one of both is already relative.

A member of the couple can also adopt the child of the other if this one were adopted abroad.

But the law did not allow the joint adoption.

May 8th, 2000, the law was amended in order to allow the Norwegian, Swedish and Danish citizens, residents in Iceland, to draw up a partnership contract or to profit in Iceland from a legal statute identical to that which they would have in their own country.

Other foreigners can establish a recorded partnership if they have resided in Iceland for two years without requiring Icelandic nationality.

Another part of this amendment, suggested by the general Committee of the Parliament, allows somebody in partnership recorded to adopt the child of sound or his partner, provided the other relative of the newborn does not claim to exert his custody charge.

On 63 members of Parliament, 49 supported the amendment, 3 abstained from and only one was opposed; 10 members were absent.

June 2nd 2006, the Parliament voted for the extension to homosexual rights as regards Adoption, of Parenté and Procréation médicalement assisted.
No member voted contre.
It is coming into effect on June 27th, 2006.

A governmental commission currently works with the opening of the marriage to the of the same couples sex.

Swiss - Partnership recorded/

Africa

South Africa - unregistered cohabitation

South Africa recognizes the cohabitation since 1999.

By successive decisions the Constitutional court created the statute of civil union, while granting to the homosexual couples:

of the rights to immigration (1999);
the same financial statute as the heterosexual couples (2002);
the adoption (2002);
same tax incentives as with the boyfriends heterosexuals (2003);
joint parental authority for the newborns by artificial insemination (2003).

In December 2004, in answer to these various stops, the Supreme court of Call obliged the government to open the civil wedding with the of the same couples sex.

The department of the Family businesses with fact call of this decision by seizing the constitutional court.

December 1st, 2005 the constitutional court rejected this call, giving to the Parliament one year to amend Marriage Act, to include the homosexual couples there. November 14th, 2006, the Parliament votes a law founding a civil union open to the heterosexual couples and homosexual; this device makes it possible to profit from the same rights as the marriage. This law must be adopted by the National council of the Provinces before being promulgated by the president.

Random links: