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18 Jul 2002

gay marriage update in germany, ontario, massachusetts

Germany's high court upholds a law allowing gay couples to marry; Ontario (Canada) to accept gay marriages while Massachusetts (US) lawmakers blocks gay marriage ban - for now.

Germany's high court upheld a law allowing same-sex couples to marry, following a landmark decision in Canada last Friday by a three judge Ontario court that ruled that the Ontario government must register gay and lesbian marriages.

Kevin Bourassa and partner Joe Varnell (right) exchange rings and vows during their wedding ceremony at the Metropolitan Community Church of Toronto on Jan. 14, 2001. A three-judge panel ruled last Friday that the Ontario government must register gay and lesbian marriages, in a lawsuit that saw Varnell suing the provincial government for the right to marry Bourassa.
Judges at the Federal Constitutional Court in Karlsruhe on Wednesday voted 5-3 to back the law, which was challenged last year by Bavaria and two eastern states. The court rejected a lawsuit by conservatives who argued gay marriage violates constitutional provisions protecting marriage and the family.

The law will give couples the same inheritance and health insurance as heterosexual married couples but not tax and welfare benefits nor the right to adopt.

The legislation brought Germany in line with other European countries such as France and Sweden; and Denmark, which was the first to grant rights to gay couples in 1989. The Netherlands remains the only country that extends equal marriage benefits to same-sex couples.

Ontario, Canada
In related news, Ontario has accepted the marriage ruling. Ontario premier Ernie Eves on Wednesday said that the government would not appeal a court ruling that it must recognize gay and lesbian marriages.

A three judge Ontario court ruled last Friday that the Ontario government must register gay and lesbian marriages and said that by denying gays and lesbians the right to marry was "creating second class citizens."

Although the court ruled that the current definition violates the Charter of Rights and Freedoms of the Constitution, it has suspended its ruling for two years to allow Parliament time to redefine the term marriage, which is currently defined as "a union between one man and one woman to the exclusion of all others."
It will now be up to the federal government to decide if it wants to appeal alone to the Supreme Court. Ottawa has not said what it intends to do.

Kevin Bourassa and partner Joe Varnell (right) exchange rings and vows during their wedding ceremony at the Metropolitan Community Church of Toronto on Jan. 14, 2001. A three-judge panel ruled last Friday that the Ontario government must register gay and lesbian marriages, in a lawsuit that saw Varnell suing the provincial government for the right to marry Bourassa.
Eves has urged the government to abandon any consideration of appealing the decision and enact legislation to make gay marriages legal.

Massachusetts, US
While in the US, lawmakers in Boston have voted, to adjourn a constitutional convention on Wednesday without taking a vote on an amendment, which would make same-sex marriages illegal in Massachusetts.

US media reported that the 13-minute constitutional convention had been called to consider three proposed amendments, including one initiated by 130,000 citizens to make same-sex marriages unconstitutional in Massachusetts.

House and Senate lawmakers voted 137-53 to adjourn without taking a vote, effectively killing all three proposed amendments while hundreds of supporters and opponents crowded at the Statehouse.

Those who wanted to ban gay marriages needed only the approval of 50 of the 200 representatives and senators before this two-year legislative session ends July 31 and again during the 2003-2004 session.

The only way it can proceed is if acting governor Jane Swift who opposes the amendment were to use her executive powers to call the legislature back into the constitutional convention. Swift's spokesman last week said she was unlikely to do so.

Germany

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