Monday, August 16, 2010

Luxembourg Takes Next Step Towards Marriage Equality

Yet another nation, albeit a small one, appears poised to grant same sex couples equal marriage rights later in the year. Meanwhile the USA remains depressingly in the rear guard of reactionary nations compared to countries in Europe and now parts of South America. The nation involved in this latest development is Luxembourg and the Lurenberger Wort has coverage on the movement on the legislation which has been introduced into Parliament. Here are some highlights:
*
A year ago, Prime Minister Juncker in the government statement announced the opening of marriage for same-sex couples. In July ofthis year the Cabinet likewise gave the green light and now a draft law has been intorduced by Justice Minister François Biltgen.
*
The Civil Code is amended in two material respects: First, the marriage allows same-sex couples. This is the reform of the current legislation which only allowed for same-sex couples to enter into registered partnerships. All rights and obligations arising from marriage, should also arise for same-sex couples with the exception of the presumption of paternity: The partner is not by marriage presumed to be the natural parent of a child.
*
The fact that Luxembourg has a very high proportion of resident foreigners raises the question of how marriages between same-sex partners should now be regulated for marriages between individuals from different countries of origin. The Netherlands, Belgium and Spain allow full marriage rights even if one partner comes from a country that does not recognize same-sex marriage. So far will Luxembourg seems unlikely to go that far. As with heterosexual couples, both partners must meet the conditions in their respective home countries. If a same-sex couple is married abroad and wants to obtain recognition of their marriage in Luxembourg, they will be subject to the same rules as heterosexual couples.
*
Sadly, the self-proclaimed "fierce advocate" of LGBT rights in the White House still puts his own personal sensibilities ahead of the U.S. Constitution and its guarantee of equal protection and freedom of religion for ALL citizens, gay and straight.

No comments: