Same-sex marriage in Portugal

The Portuguese civil code currently bans same-sex marriage, but civil unions have been legal since 2001.

Constitutional Court

On February 1, 2006, a lesbian couple applied for a marriage licence. Their application was refused, but the couple, Teresa Pires and Helena Paixão, have promised to challenge the ban in court, saying that it discriminates against them on the basis of sex and sexual orientation and discrimination on the basis of sex is banned on the 1976 constitution, and in 2004 sexual orientation was added as a basis for which no one should be discriminated against. In May 2007 the court rejected the motion and they have appealed to the Portuguese Constitutional Court. The Constitutional Court received the case in July 2007. Helena and Teresa's lawyer, Luís Grave Rodrigues presented their allegations on October 19, 2007, including seven legal opinions ("pareceres") from Portuguese professors of law arguing that the ban on same-sex marriage is unconstitutional. [http://sol.sapo.pt/PaginaInicial/Sociedade/Interior.aspx?content_id=61785] [http://dn.sapo.pt/2007/10/20/sociedade/queroas_casadas_primavera.html] .

2005 Elections

Same-sex marriage was the source of debate during the 2005 legislative elections, with the winning socialists failing to make a clear statement in favour of same-sex marriage. Prime Minister José Sócrates has stated that introducing same-sex marriage legislation is not in his government's agenda, yet he has not ruled out the possibility that such legislation be introduced if his socialist government receives a second consecutive mandate in future elections. The youth wing of his party, as well as the other two left-of-centre parties with parliamentary representation have spoken strongly in favour of same-sex marriage, while the right remains extremely opposed to any such legislation.

Petition

A petition in favour of same-sex marriage with around 7000 signatures was delivered to the Portuguese parliament on 16 February, 2006.

Manuela Ferreira Leite

Manuela Ferreira Leite, the leader of the main opposition party, has expressed her disapproval on the recognition of same-sex unions. [ [http://dn.sapo.pt/2008/07/02/nacional/ferreira_leite_admite_discriminar_ca.html Manuela Ferreira Leite admite discriminar casais Gay] , in Diário de Notícias] .

Law projects by BE and PEV

In September 2008, BE and PEV proposed simultaneously the change of the civil code to allow same-sex marriages. The PEV project would not contemplate adoption by same-sex couples. These law projects were voted on October 10, 2008, but PSD, PP and PS voted against it.

ee also

*Civil unions in Portugal
*Gay rights in Portugal

References

External links

* [http://365gay.com/Newscon06/02/020206portugal.htm 365gay.com]
* [http://www.sundaytimes.news.com.au/common/story_page/0,7034,18015002%255E1702,00.html Sunday Times]
* [http://www.the-news.net/cgi-bin/google.pl?id=977-4 Gay marriages brought to the table]
* [http://www.pinke.biz/news/365/Portugal-s-Prime-Minister-Against-Gay-Unions/ Portugal's Prime Minister Against Gay Unions]
* [http://www.odt.co.nz/news/world/25389/portuguese-govt-says-no-gay-marriage Portuguese Govt says no to gay marriage]
* [http://www.365gay.com/news/portugal-says-no-to-gay-marriage/ Portugese parliament rejects gay marriage proposal]