Institute of Civil partnership cannot replace the marriage, but it can be a solution to the issue with same-sex couples. However, one should remember that the rights of such persons aren’t fully protected by law, says the lawyer Brian Schwarz.
Speaking about the situation of homosexuals in society the researchers like to refer to ancient Greece and Rome, but same-sex relationships were practiced in ancient China, Egypt and Mesopotamia. In Europe, the situation has changed with the advent of Christianity, but in medieval Japan the tradition of brotherly love quite flourished among the samurai, and even in the monasteries.
In Western culture, a cohesive movement for LGBT rights began to take shape only in the middle of the XX century, however, in some countries, homosexual acts were decriminalized much later: one of the first were Poland and Denmark (in 1932 and 1933), Northern Ireland joined them only in 1982, Russia – in 1993. Around 75 of the 190 countries of the world homosexuality is still a taboo, and some of them outside the law only same-sex relations between men.
On June 26, 2015 the US Supreme Court legalized same-sex marriage in all US states. The court found that the US Constitution guarantees the right of same-sex weddings. The authorities of all states are now required to register such marriages, as well as to accept them if they are enclosed in other states. In this regard, US Secretary of State John Kerry said that “the court’s decision sends a clear signal to all parts of the world: no law based on discrimination.” Thus, once again the US Open are trying to impose their understanding of the worldwide rights of sexual minorities.
It should be noted that in the United States itself same-sex marriage was legalized in 35 states out of 50, and in 13 states were expressly prohibited by the constitutions of states. In some states, there was even the criminalization of homosexuality. This “lack of coordination” in the legal regulation related to the fact that the issues of marriage and family by the US Constitution (the tenth amendment and paragraph 8 of Article 1) assigned to the jurisdiction of the states themselves.
Separately, it should be noted that same-sex couples (along with traditional) appear right to adopt children. After all, brought up in a same-sex family children receive education and an example of “parents” that shape their false idea of moral norms and a normal family.
Same-sex marriage in other countries around the world
Currently, same-sex marriages are legalized at the national level in most European countries – the Netherlands, Belgium, Spain, Norway, Sweden, Portugal, Iceland, Denmark, France, Finland, and Ireland. In these countries the opportunity to register such marriages claims without any restrictions. In the UK, same-sex marriages are allowed at the national level, with the exception of Northern Ireland.
The second group of countries (regions thereof) are those in which same-sex marriages are not registered, but recognized in other countries. These are some regions of the Netherlands, Mexico, Israel and Malta.
Rights of same-sex couples vary depending on the particular country. As a rule, they enjoy the same rights as ordinary couples.
The adoption of children by same-sex couples of the European Convention on the Adoption of Children controls the processes of maintaining this rule. At the same time, the right to adoption by same-sex couples is limited in Germany – this is only possible if there is consanguinity between the first parent and the adopted child.
Civil partnership as Democratic Outlook on Gay Marriage
Separately should stay on the countries in which the law spelled out a form of civil union (partnership). This is the largest group of countries, which includes almost all European countries as well as Argentina, Australia, Brazil, Mexico, New Zealand, Canada.
What is civil partnership? It represents a social institution, which allows people to legitimize the relationship as well as other related issues with regard to property. The partnership may provide certain guarantees at its dissolution for partners. It should be noted that the partnership is not necessarily a same-sex union.
It would be a great mistake to consider the contract of civil solidarity “gay marriage.” According to statistics, more than 95% “solidarity contracts” in France are between people of different sexes. Moreover, according to statistics, the number of prisoners “solidarity contracts” is comparable to the number of ordinary marriages.