Same-sex marriage in Portugal
Encyclopedia
Same-sex marriage has been legal in Portugal
since June 5, 2010. The government of Prime Minister José Sócrates
introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic
in February 2010. The bill was declared legally valid by the Portuguese Constitutional Court
in April 2010. On May 17, 2010, President Aníbal Cavaco Silva
ratified the law and Portugal became the sixth country in Europe and the eighth country in the world to allow same-sex marriage nationwide. The law was published in the official journal
Diário da Republica
on May 31, 2010 and became effective on June 5, 2010.
. 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.
On July 31, 2009, the Constitutional Court decided on a 3–2 vote that the constitution does not demand the recognition of same-sex marriage, but also does not oppose it, and that the decision must be made by the Assembly of the Republic.
and the main opposition Social Democratic Party
.
stated on 18 January 2009 that, if re-elected in the September 2009 elections
, he planned to introduce a bill to allow same-sex couples the right to marry. While the bill did not contemplate adoption, most LGBT organizations in Portugal supported the measure as an important step towards equality.
In March 2009, Jorge Lacão, the Secretary of State for the Presidency of the Council of Ministers, confirmed that the Socialist government intended to legalize same-sex marriage if re-elected in 2009.
Manuela Ferreira Leite
, the leader of the conservative Social Democratic Party
, expressed her disapproval on the recognition of same-sex marriage.
In May 2009, a grassroots movement, The Movement for Equality in Access to Civil Marriage, was formed to campaign for the proposed same-sex marriage law. It attracted the support of several Portuguese celebrities, including Nobel Prize winner José Saramago
and the Mayor of Lisbon António Costa
.
In October 2009, the newly re-elected José Sócrates
made an assurance that the Socialist Party
would move ahead with its campaign promise of same-sex marriage. The proposition received strong support from the Left Bloc, with its parliamentary leader presenting a proposed amendment to the Family Code which would make the definition of marriage gender-neutral. In mid-October 2009 Jorge Lacão said it would be likely that same-sex marriage would be legalised in early 2010.
On November 3, 2009, José Ribeiro e Castro
, a member of the CDS-PP, called for a referendum but the Socialist Party and Left Bloc rejected that idea.
On November 4, Francisco Assis
, the parliamentary leader of the Socialist Party, said same-sex marriage bill would be voted soon and confirmed that the bill would not allow same-sex couples to adopt children.
On December 17, 2009, the Government approved the same-sex marriage bill.
On January 8, 2010, after a debate, which included the intervention of the Prime Minister
, the Portuguese Parliament
passed the bill establishing same-sex marriage in its first reading. On 10 February, the Constitutional Affairs Committee of Parliament approved the bill. The final parliamentary vote took place on 11 February, with the bill being approved. On February 24, the Constitutional Affairs Committee sent the bill to the Portuguese President
Aníbal Cavaco Silva
.
On March 13, the President asked the Constitutional Court
to verify whether the bill was constitutional
. On April 8, 2010, the Portuguese Constitutional Court ruled (11–2) for the constitutionality of the bill, with three members concluding that the Constitution required the recognition of same-sex marriages. The ruling was published in the official gazette on April 28, giving President Aníbal Cavaco Silva twenty days to sign, or veto, the bill.
On May 17, the President signed the bill. The law was published in Diário da República
on May 31, 2010 and became effective on June 5, 2010. On June 7, Teresa Pires and Helena Paixão became the first same-sex couple to marry in Portugal.
The Catholic Church in Portugal was opposed to the law and, while Portugal is a constitutional secular country, its status as a historically Catholic
country was also a reason for the media sensationalism which heightened the controversy over the law.
On January 8, 2010, the parliament rejected a motion calling to the national referendum about same-sex marriage.
In February, 5,000 people demonstrated against legalization of same-sex marriage in a march in Lisbon.
On May 13, 2010, four days before the ratification of the law by the Portuguese President
, during an official visit to Portugal, Pope Benedict XVI
, affirmed his opposition to same-sex marriage, describing it as "insidious and dangerous".
- Marriages conducted abroad must be transcribed by civil registries even if they were made before the approval date of marriage equality;
- Marriages performed under alternative legislation to civil marriage, such as civil partnerships and civil unions, can not be transcribed;
- Foreign nationals can marry even if marriage between same-sex couples is not recognized in their country of origin;
- Same-sex foreign nationals can marry in Portugal without the need to establish residency;
- Co-adoptions with same-sex couples performed abroad are not recognized in Portugal.
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
since June 5, 2010. The government of Prime Minister José Sócrates
José Sócrates
José Sócrates Carvalho Pinto de Sousa, GCIH , commonly known by José Sócrates , is a Portuguese politician who was the Prime Minister of Portugal from 12 March 2005 to 21 June 2011....
introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic
Assembly of the Republic
The Assembly of the Republic is the Portuguese parliament. It is located in a historical building in Lisbon, referred to as Palácio de São Bento, the site of an old Benedictine monastery...
in February 2010. The bill was declared legally valid by the Portuguese Constitutional Court
Portuguese Constitutional Court
The Portuguese Constitutional Court is a special court, defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition,...
in April 2010. On May 17, 2010, President Aníbal Cavaco Silva
Aníbal Cavaco Silva
Aníbal António Cavaco Silva, GCC , is the President of Portugal. He won the Portuguese presidential election on 22 January 2006 and was re-elected on 23 January 2011, for a second five-year term. Cavaco Silva was sworn in on 9 March 2006....
ratified the law and Portugal became the sixth country in Europe and the eighth country in the world to allow same-sex marriage nationwide. The law was published in the official journal
Public journal
A public journal is a day-by-day record of the business and proceedings of a public body....
Diário da Republica
Diário da República
Diário da República is the official gazette of Portugal. Before 1976, it was called Diário do Governo.It is published by Imprensa Nacional and comprises two Series. Laws, Decree-laws, decisions of the Constitutional Court and other relevant texts are published in the I Series. Regulations, public...
on May 31, 2010 and became effective on June 5, 2010.
Constitutional Court ruling
On February 1, 2006, a lesbian couple applied for a marriage licence. Their application was refused, but the couple, Teresa Pires and Helena Paixão, promised to challenge the ban in court, saying that it discriminated against them on the basis of sexual orientation, where this type of discrimination is banned by the 1976 constitution. Discrimination based on sexual orientation was made illegal in 2004. In May 2007, the court rejected the motion and they appealed to the Portuguese Constitutional CourtPortuguese Constitutional Court
The Portuguese Constitutional Court is a special court, defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition,...
. 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.
On July 31, 2009, the Constitutional Court decided on a 3–2 vote that the constitution does not demand the recognition of same-sex marriage, but also does not oppose it, and that the decision must be made by the Assembly of the Republic.
The BE and PEV's bills
Two bills to legalize same-sex marriage were presented to Parliament on October 10, 2008. The bills were introduced separately by the Left Bloc (BE) and Green Party (PEV). Both bills were rejected by parliament on opposition from the governing Socialist PartySocialist Party (Portugal)
The Socialist Party , abbreviated to PS, is a social-democratic political party in Portugal. It was founded on 19 April 1973 in the German city of Bad Münstereifel, by militants from Portuguese Socialist Action ....
and the main opposition Social Democratic Party
Social Democratic Party (Portugal)
The Social Democratic Party , is a centre-right liberal conservative political party in Portugal. It is commonly known by its initials, PSD; on ballot papers, its initials appear as PPD/PSD, with the first three letters coming from the party's original name, Democratic People's Party...
.
The Government's bill
Prime Minister José SócratesJosé Sócrates
José Sócrates Carvalho Pinto de Sousa, GCIH , commonly known by José Sócrates , is a Portuguese politician who was the Prime Minister of Portugal from 12 March 2005 to 21 June 2011....
stated on 18 January 2009 that, if re-elected in the September 2009 elections
Portuguese legislative election, 2009
Legislative elections in Portugal were held on 27 September 2009 to renew all 230 members of the Assembly of the Republic. The Socialist Party, led by incumbent Prime Minister José Sócrates, won the largest number of seats, but didn't repeat the overall majority they gained in 2005.The Socialist...
, he planned to introduce a bill to allow same-sex couples the right to marry. While the bill did not contemplate adoption, most LGBT organizations in Portugal supported the measure as an important step towards equality.
In March 2009, Jorge Lacão, the Secretary of State for the Presidency of the Council of Ministers, confirmed that the Socialist government intended to legalize same-sex marriage if re-elected in 2009.
Manuela Ferreira Leite
Manuela Ferreira Leite
Maria Manuela Dias Ferreira Leite , commonly known as Manuela Ferreira Leite , is a Portuguese economist and politician.-Background:...
, the leader of the conservative Social Democratic Party
Social Democratic Party (Portugal)
The Social Democratic Party , is a centre-right liberal conservative political party in Portugal. It is commonly known by its initials, PSD; on ballot papers, its initials appear as PPD/PSD, with the first three letters coming from the party's original name, Democratic People's Party...
, expressed her disapproval on the recognition of same-sex marriage.
In May 2009, a grassroots movement, The Movement for Equality in Access to Civil Marriage, was formed to campaign for the proposed same-sex marriage law. It attracted the support of several Portuguese celebrities, including Nobel Prize winner José Saramago
José Saramago
José de Sousa Saramago, GColSE was a Nobel-laureate Portuguese novelist, poet, playwright and journalist. His works, some of which can be seen as allegories, commonly present subversive perspectives on historic events, emphasizing the human factor. Harold Bloom has described Saramago as "a...
and the Mayor of Lisbon António Costa
António Costa
António Luís dos Santos da Costa, GCIH is a Portuguese lawyer and politician, former Minister and current Mayor of Lisbon.-Political career:...
.
In October 2009, the newly re-elected José Sócrates
José Sócrates
José Sócrates Carvalho Pinto de Sousa, GCIH , commonly known by José Sócrates , is a Portuguese politician who was the Prime Minister of Portugal from 12 March 2005 to 21 June 2011....
made an assurance that the Socialist Party
Socialist Party (Portugal)
The Socialist Party , abbreviated to PS, is a social-democratic political party in Portugal. It was founded on 19 April 1973 in the German city of Bad Münstereifel, by militants from Portuguese Socialist Action ....
would move ahead with its campaign promise of same-sex marriage. The proposition received strong support from the Left Bloc, with its parliamentary leader presenting a proposed amendment to the Family Code which would make the definition of marriage gender-neutral. In mid-October 2009 Jorge Lacão said it would be likely that same-sex marriage would be legalised in early 2010.
On November 3, 2009, José Ribeiro e Castro
José Ribeiro e Castro
José Duarte de Almeida Ribeiro e Castro is a Portuguese lawyer and politician. He was the leader of the People's Party since 24 April 2005 to 2007 , wen he was replaced again by Paulo Portas....
, a member of the CDS-PP, called for a referendum but the Socialist Party and Left Bloc rejected that idea.
On November 4, Francisco Assis
Francisco Assis
Francisco Assis is a Portuguese politician and was a Member of the European Parliament for the Socialist Party; part of the Party of European Socialists from 2004 to 2009.-References:...
, the parliamentary leader of the Socialist Party, said same-sex marriage bill would be voted soon and confirmed that the bill would not allow same-sex couples to adopt children.
On December 17, 2009, the Government approved the same-sex marriage bill.
On January 8, 2010, after a debate, which included the intervention of the Prime Minister
Prime Minister of Portugal
Prime Minister is the current title of the chief of the Portuguese Government. As chief executive, the Prime Minister coordinates the action of ministers, representing the Government from the other organs of state, accountable to Parliament and keeps the President informed...
, the Portuguese Parliament
Assembly of the Republic
The Assembly of the Republic is the Portuguese parliament. It is located in a historical building in Lisbon, referred to as Palácio de São Bento, the site of an old Benedictine monastery...
passed the bill establishing same-sex marriage in its first reading. On 10 February, the Constitutional Affairs Committee of Parliament approved the bill. The final parliamentary vote took place on 11 February, with the bill being approved. On February 24, the Constitutional Affairs Committee sent the bill to the Portuguese President
President of Portugal
Portugal has been a republic since 1910, and since that time the head of state has been the president, whose official title is President of the Portuguese Republic ....
Aníbal Cavaco Silva
Aníbal Cavaco Silva
Aníbal António Cavaco Silva, GCC , is the President of Portugal. He won the Portuguese presidential election on 22 January 2006 and was re-elected on 23 January 2011, for a second five-year term. Cavaco Silva was sworn in on 9 March 2006....
.
On March 13, the President asked the Constitutional Court
Portuguese Constitutional Court
The Portuguese Constitutional Court is a special court, defined by the Portuguese Constitution as part of the judicial branch of the Portuguese political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition,...
to verify whether the bill was constitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
. On April 8, 2010, the Portuguese Constitutional Court ruled (11–2) for the constitutionality of the bill, with three members concluding that the Constitution required the recognition of same-sex marriages. The ruling was published in the official gazette on April 28, giving President Aníbal Cavaco Silva twenty days to sign, or veto, the bill.
On May 17, the President signed the bill. The law was published in Diário da República
Diário da República
Diário da República is the official gazette of Portugal. Before 1976, it was called Diário do Governo.It is published by Imprensa Nacional and comprises two Series. Laws, Decree-laws, decisions of the Constitutional Court and other relevant texts are published in the I Series. Regulations, public...
on May 31, 2010 and became effective on June 5, 2010. On June 7, Teresa Pires and Helena Paixão became the first same-sex couple to marry in Portugal.
Opposition
A number of groups opposed legalizing same-sex marriage during the process of discussion and continue to do so after ratification.The Catholic Church in Portugal was opposed to the law and, while Portugal is a constitutional secular country, its status as a historically Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
country was also a reason for the media sensationalism which heightened the controversy over the law.
On January 8, 2010, the parliament rejected a motion calling to the national referendum about same-sex marriage.
In February, 5,000 people demonstrated against legalization of same-sex marriage in a march in Lisbon.
On May 13, 2010, four days before the ratification of the law by the Portuguese President
Aníbal Cavaco Silva
Aníbal António Cavaco Silva, GCC , is the President of Portugal. He won the Portuguese presidential election on 22 January 2006 and was re-elected on 23 January 2011, for a second five-year term. Cavaco Silva was sworn in on 9 March 2006....
, during an official visit to Portugal, Pope Benedict XVI
Pope Benedict XVI
Benedict XVI is the 265th and current Pope, by virtue of his office of Bishop of Rome, the Sovereign of the Vatican City State and the leader of the Catholic Church as well as the other 22 sui iuris Eastern Catholic Churches in full communion with the Holy See...
, affirmed his opposition to same-sex marriage, describing it as "insidious and dangerous".
Marriage norms
On July 19, 2010, Instituto dos Registos e do Notariado has publish the following rules on marriage :- Marriages conducted abroad must be transcribed by civil registries even if they were made before the approval date of marriage equality;
- Marriages performed under alternative legislation to civil marriage, such as civil partnerships and civil unions, can not be transcribed;
- Foreign nationals can marry even if marriage between same-sex couples is not recognized in their country of origin;
- Same-sex foreign nationals can marry in Portugal without the need to establish residency;
- Co-adoptions with same-sex couples performed abroad are not recognized in Portugal.
See also
- De facto union in Portugal
- LGBT rights in Portugal
- Recognition of same-sex unions in Europe