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EA home page » Commentary » Gender equality: same-sex marriage in Portugal
Gender equality: same-sex marriage in Portugal
542144077_efef84cd6c ( "Portugal Parliament". Photo by: rvacapinta/Flickr) On January, 8th, 2010, Portugal has taken a further step forward for gay rights within the country. After the 2001 law, in which Portugal had treated de facto couples, regardless of gender of the spouses, today 's approval of a new government bill, strongly desired by the Socialist Prime Minister Jose Socrates together with all the parliamentary left ( PS-Socialist Party, PC Party-Communist Left Bloc and the Greens). The law, which allows marriages between same-sex couples, was approved last Friday by 123 votes in favor and 99 against, and has already found a strong controversy into the debates between socialists and conservatives: the right Party have already requested a referendum to be proposed to citizens on the matter: while the right-wing conservative party PSD (Social Democratic Party) proposed a registered civil union couples to recognize same rights to heterosexuals and homosexuals couples, Greens and Socialists had instead gone further, suggesting even the possibility of adoption to homosexual couples. Following the vote, outside Parliament defenders of LGBT rights have celebrated by eating wedding cake and drinking champagne. The legislative process would be much longer: the new law to become effective, must pass a screening committee, a final vote of the parliament and then ratified by the conservative head of state Anibal Cavaco Silva: the Head of State could put his veto power that could however, be overcomed by a subsequent parliamentary vote on the text. The President Socrates said: " is a historic moment for the country ", and also explained we have to to remedy decades of injustices perpetrated against homosexuals in Portugal where, until 1982, there existed the absurd and repulsive situation to consider homosexuality a penal offense by law ". Then, he added: " we are of a generation that can not be said to be proud of the treatment of homosexuals. This is a natural step towards the future, as happened in the past with equality, abortion, and de facto unions ". Martin K.I. Christensen, director of ILGA-Europe, an international association for the rights LGBT (lesbian-gay-bisexual and transgender) said: " it is a really fantastic start of 2010 for the LGBT community in Portugal and Europe: a clear sign that public opinion in Europe is mobilizing towards greater protection of the right of equality ". Linda Freiman co-director of that association, added: " we cross our fingers for this ratification, but we certainly can not forget that the battle for equality continues, even about the possibility of adoption " . Many protests have been raised by the Portuguese Church: a declaration made by the Portuguese episcopate agency, Eccles, said that the law would go against the natural foundations of society: it would not constitute a speech against homosexuality, but a cultural problem which would touch the very nature of marriage. A recent European survey, shows a real split within the country, with 49.5 percent of the population opposed and 45.5 percent of responses in favor of same-sax marriage, and lower data about the subject child adoptions: perfectly corresponding the European average. Today portughese gay rights are substantially protected: after the Salazar dictatorship, there was a gradual opening and raising around the topic, especially due to decriminalization of homosexuality in 1982, and the country appears to be extremely tolerant, with only 2 cases of violence reported in the last 10 years, (much below the European average). The new Civil Code in 2007 has shown a great openness to the topic, further tightening the sanctions against those who incite or facilitating human race and discrimination based on sexual orientation or religion. The European debate on the subject has been done in the past ten years more and more intense, and legal recognition of homosexual couples is a reality in most EU countries: if this law would come into force, Portugal would be the sixth european country to legalize same-sex couples, along with Spain, Belgium, Holland, Sweden and Norway, and could trigger an interesting debate in other countries, like Italy, anchored in religious dogma, and still visibly far from European directives.
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