Same-sex marriage in Sweden
Encyclopedia
Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament
on 1 April 2009, making Sweden
the seventh country in the world to open marriage to same sex couples nationwide. Existing registered partnership
s will remain in force, and can be converted to a marriage if the parties so desire, either through a written application or through a formal ceremony. New registered partnerships will no longer be able to be entered into and marriage will be the only legally recognized form of union for couples regardless of sex.
On 22 October 2009, the governing board of the Church of Sweden
, voted 176–62 in favour of allowing its priests to wed same-sex couples in new gender-neutral church ceremonies, including the use of the term marriage. Same-sex marriages were performed by the church from 1 November 2009.
was granted in Sweden in 1995. Sweden was the third country to legally recognise same-sex unions, after Denmark and Norway.
The Registered partnership
gave full range of protections, responsibilities and benefits as marriage
, including adoption and arrangements for the breakdown
of the relationship only available to same-sex couples. Same-sex registered partners could adopt jointly. In vitro fertilisation for lesbian
couples was allowed in 2005. Non-Swedes who were legally resident in Sweden had the right to enter into the registered partnership since 2000.
The main distinction between registered partnership and marriage was that they were covered by separate laws, and that same-sex partnerships were a civil matter and could not be conducted through the church authority. Many people complained about this inequality, asking for a gender-neutral marriage law. Many said they would have even liked a gender-neutral marriage that would conducted solely by the state, as is done in several other countries, rather than the current system in which churches have the authority to (legally) marry people, because this would further the separation of church and state.
Sweden also has a separate and more limited common-law marriage
Act for both unmarried/unregistered opposite-sex and same-sex couples. From 1988 to 2003, there were two different laws, one for opposite-sex couples and one for same-sex couples, which are now united into a single law. Common-law 'marriage' is open to non-Swedes, which means that one does not have to be married to move to Sweden to live with one's partner. Non-Swedes have the same rights of common-law 'marriage'.
. The report, issued in March 2007, supported enacting a gender-neutral marriage law and abolishing the registered partnership law (registered partnerships would be automatically converted into marriages) while granting an "opt-out" to religious institutions, which would allow them to refuse to marry same-sex couples. This last point was quite controversial and increased calls for a civil-only marriage law. The committee further suggested that the government bring the changes into effect by 1 January 2008.
Six of the seven political parties of the national parliament were in favour of such a reform. These were the Left Party
, the Greens
, the Social Democrats, the liberal Peoples' Party, the Moderates
(Swedish Conservatives) and the Centre Party
. The Christian Democrats
opposed the idea, while the conservative/liberal Moderates signed on their support at their party congress in 2007. The majority of Swedes approved of same-sex marriage, but there was some strong opposition from religious organisations and other self-described "family-oriented" groups.
Many complained about the slowly advancing governmental process of changing partnership into marriage, especially as the two types of unions were already essentially the same and many considered the change inevitable and natural. They said there is no validity in the argument that same-sex marriage would threaten opposite-sex marriage because a gender-neutral marriage would have no greater impact on society than the current law and argued it was simply a matter of principle and equality. For the opposition, they saw it as a threat to the symbolic value of marriage.
were challenging the Swedish Government in court because it refused to recognise their relationship as a marriage. Although a lower court – including the Court of Appeals – refused to hear the case, Sweden's highest administrative court, the Supreme Administrative Court
, agreed to hear the case. The couple argued that a same-sex marriage entered into in accordance with Canadian law should be recognised in Sweden, despite the fact that there was no legal basis for it under then current Swedish law. On 18 December 2008, the Court ruled that the Swedish Tax Authority did not break any rules as the definition of marriage under Swedish law was at the time the union of one man and one woman, and that same-sex relationships were to be recognised as a registered partnership.
, the Centre Party
, the Liberal People's Party
, and the Christian Democratic Party
. The Swedish Minister for Justice
, Beatrice Ask
, who had responsibility on the matter, reacted positively when the commission presented its result. How the legalisation would end was not clear as one of the coalition partners was against it. The leader of the Social Democratic Party
said that she would put forward a bill in the parliament itself if the government could not unite on the issue.
In early October 2007, the Green Party
, Left Party
and Social Democratic Party said they would join forces to introduce an opposition motion in parliament to legalize same-sex marriage.
On 27 October 2007, the Moderate Party formally backed same-sex marriages, meaning that the Christian Democrats would be the only party to oppose the law. Göran Hägglund
, the leader of the Christian Democrats, stated on Swedish Radio, "My position is that I have been tasked by the party to argue that marriage is for men and women. ... When we discuss it between parties we are naturally open and sensitive to each other's arguments and we'll see if we can find a line that allows us to come together."
On 12 December 2007, the Church of Sweden gave the green light for same-sex couples to wed in the church, but recommended the term marriage be restricted to opposite-sex couples. It was asked by the Government for its opinion on the matter before the introduction of legislation in early 2008. "Marriage and (same-sex) partnerships are equivalent forms of unions. Therefore the Church of Sweden's central board says yes to the proposal to join the legislation for marriages and partnerships into a single law," the Church said in a statement. "According to the Church of Sweden's board the word 'marriage' should however only be used for the relationship between a woman and a man," it said.
On 14 January 2008, two leading politicians in the Christian Democrats took a position against the party and started to support same-sex marriage.
Reports suggested the Government would table its same-sex marriage bill in early 2008, however, they had yet to propose a bill. This was likely due to the Christian Democrats' opposition from within the four-party centre-right governing coalition despite their being the only party opposing the move. After negotiations on a compromise broke down and facing a parliamentary ultimatum in late October 2008, the government prepared to present its bill to a free vote.
On 21 January 2009, a bill was introduced in the Swedish parliament to make the legal concept of marriage gender-neutral. The bill was passed on 1 April and took effect on 1 May. The bill was supported by all parties except the Christian Democrats. It passed with 261 votes in favour, 22 votes against and 16 abstentions.
(which is no longer the national church but whose assent was important for the new practice to work smoothly) voted strongly in favour of giving its blessing to same-sex marriages, including the use of the term marriage. It is the first major church in Sweden to take this position on same-sex marriage. Archbishop of Uppsala
Anders Wejryd
commented that he was pleased with the decision. The second and third largest Christian
denominations
in the country, the Catholic Church and the Pentecostalist Movement of Sweden, commented that they were "disappointed" by the decision of the Church of Sweden.
poll conducted in autumn 2006 found that 71% of Swedes supported legalising same-sex marriage. This public approval was the second highest in the European Union
.
Parliament of Sweden
The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...
on 1 April 2009, making Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
the seventh country in the world to open marriage to same sex couples nationwide. Existing registered partnership
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s will remain in force, and can be converted to a marriage if the parties so desire, either through a written application or through a formal ceremony. New registered partnerships will no longer be able to be entered into and marriage will be the only legally recognized form of union for couples regardless of sex.
On 22 October 2009, the governing board of the Church of Sweden
Church of Sweden
The Church of Sweden is the largest Christian church in Sweden. The church professes the Lutheran faith and is a member of the Porvoo Communion. With 6,589,769 baptized members, it is the largest Lutheran church in the world, although combined, there are more Lutherans in the member churches of...
, voted 176–62 in favour of allowing its priests to wed same-sex couples in new gender-neutral church ceremonies, including the use of the term marriage. Same-sex marriages were performed by the church from 1 November 2009.
Registered partnership
Registered partnershipCivil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
was granted in Sweden in 1995. Sweden was the third country to legally recognise same-sex unions, after Denmark and Norway.
The Registered partnership
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
gave full range of protections, responsibilities and benefits as marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, including adoption and arrangements for the breakdown
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
of the relationship only available to same-sex couples. Same-sex registered partners could adopt jointly. In vitro fertilisation for lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
couples was allowed in 2005. Non-Swedes who were legally resident in Sweden had the right to enter into the registered partnership since 2000.
The main distinction between registered partnership and marriage was that they were covered by separate laws, and that same-sex partnerships were a civil matter and could not be conducted through the church authority. Many people complained about this inequality, asking for a gender-neutral marriage law. Many said they would have even liked a gender-neutral marriage that would conducted solely by the state, as is done in several other countries, rather than the current system in which churches have the authority to (legally) marry people, because this would further the separation of church and state.
Sweden also has a separate and more limited common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
Act for both unmarried/unregistered opposite-sex and same-sex couples. From 1988 to 2003, there were two different laws, one for opposite-sex couples and one for same-sex couples, which are now united into a single law. Common-law 'marriage' is open to non-Swedes, which means that one does not have to be married to move to Sweden to live with one's partner. Non-Swedes have the same rights of common-law 'marriage'.
Marriage
In 2004, Parliament established a committee to investigate the possibility of opening marriage to same-sex partnersSame-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. The report, issued in March 2007, supported enacting a gender-neutral marriage law and abolishing the registered partnership law (registered partnerships would be automatically converted into marriages) while granting an "opt-out" to religious institutions, which would allow them to refuse to marry same-sex couples. This last point was quite controversial and increased calls for a civil-only marriage law. The committee further suggested that the government bring the changes into effect by 1 January 2008.
Six of the seven political parties of the national parliament were in favour of such a reform. These were the Left Party
Left Party (Sweden)
The Left Party is a socialist and feminist political party in Sweden, from 1967 to 1990 known as the Left Party – The Communists .On welfare issues, the party opposes privatizations...
, the Greens
Green Party (Sweden)
-External links:**...
, the Social Democrats, the liberal Peoples' Party, the Moderates
Moderate Party
The Moderate Party is a centre-right, liberal conservative political party in Sweden. The party was founded in 1904 as the General Electoral League by a group of conservatives in the Swedish parliament...
(Swedish Conservatives) and the Centre Party
Centre Party (Sweden)
The Centre Party is a centrist political party in Sweden. The party maintains close ties to rural Sweden and describes itself as "a green social liberal party". The ideology is sometimes called agrarian, but in a European context, the Centre Party can perhaps best be characterized as social...
. The Christian Democrats
Christian Democrats (Sweden)
The Christian Democrats ) is a political party in Sweden. The party was founded in 1964 but did not enter parliament until 1985 in an electoral cooperation with the Centre Party and on the Christian Democrats' own accord in 1991. The leader since April 3, 2004 is Göran Hägglund. He succeeded Alf...
opposed the idea, while the conservative/liberal Moderates signed on their support at their party congress in 2007. The majority of Swedes approved of same-sex marriage, but there was some strong opposition from religious organisations and other self-described "family-oriented" groups.
Many complained about the slowly advancing governmental process of changing partnership into marriage, especially as the two types of unions were already essentially the same and many considered the change inevitable and natural. They said there is no validity in the argument that same-sex marriage would threaten opposite-sex marriage because a gender-neutral marriage would have no greater impact on society than the current law and argued it was simply a matter of principle and equality. For the opposition, they saw it as a threat to the symbolic value of marriage.
Legal challenge
On 12 May 2008, media sources reported that a married gay couple from CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
were challenging the Swedish Government in court because it refused to recognise their relationship as a marriage. Although a lower court – including the Court of Appeals – refused to hear the case, Sweden's highest administrative court, the Supreme Administrative Court
Supreme Administrative Court of Sweden
The Supreme Administrative Court of Sweden is the supreme court and the third and final tier for administrative court cases in Sweden, and is located in Stockholm...
, agreed to hear the case. The couple argued that a same-sex marriage entered into in accordance with Canadian law should be recognised in Sweden, despite the fact that there was no legal basis for it under then current Swedish law. On 18 December 2008, the Court ruled that the Swedish Tax Authority did not break any rules as the definition of marriage under Swedish law was at the time the union of one man and one woman, and that same-sex relationships were to be recognised as a registered partnership.
Vote for same sex marriage
The government consisted of the Moderate PartyModerate Party
The Moderate Party is a centre-right, liberal conservative political party in Sweden. The party was founded in 1904 as the General Electoral League by a group of conservatives in the Swedish parliament...
, the Centre Party
Centre Party (Sweden)
The Centre Party is a centrist political party in Sweden. The party maintains close ties to rural Sweden and describes itself as "a green social liberal party". The ideology is sometimes called agrarian, but in a European context, the Centre Party can perhaps best be characterized as social...
, the Liberal People's Party
Liberal People's Party (Sweden)
The Liberal People's Party is a political party in Sweden. The party advocates social liberalism and is part of the governing centre-right coalition The Alliance, which achieved a majority in the general election of 17 September 2006...
, and the Christian Democratic Party
Christian Democrats (Sweden)
The Christian Democrats ) is a political party in Sweden. The party was founded in 1964 but did not enter parliament until 1985 in an electoral cooperation with the Centre Party and on the Christian Democrats' own accord in 1991. The leader since April 3, 2004 is Göran Hägglund. He succeeded Alf...
. The Swedish Minister for Justice
Minister for Justice (Sweden)
The Minister for Justice is the justice minister of Sweden and head of the Ministry of Justice. The current Minister for Justice is Beatrice Ask of the Moderate Party....
, Beatrice Ask
Beatrice Ask
Eva Carin Beatrice Ask is a Swedish Moderate Party politician currently serving as Minister for Justice in the Swedish government.- Biography :...
, who had responsibility on the matter, reacted positively when the commission presented its result. How the legalisation would end was not clear as one of the coalition partners was against it. The leader of the Social Democratic Party
Swedish Social Democratic Party
The Swedish Social Democratic Workers' Party, , contesting elections as 'the Workers' Party – the Social Democrats' , or sometimes referred to just as 'the Social Democrats' and most commonly as Sossarna ; is the oldest and largest political party in Sweden. The party was founded in 1889...
said that she would put forward a bill in the parliament itself if the government could not unite on the issue.
In early October 2007, the Green Party
Green Party (Sweden)
-External links:**...
, Left Party
Left Party (Sweden)
The Left Party is a socialist and feminist political party in Sweden, from 1967 to 1990 known as the Left Party – The Communists .On welfare issues, the party opposes privatizations...
and Social Democratic Party said they would join forces to introduce an opposition motion in parliament to legalize same-sex marriage.
On 27 October 2007, the Moderate Party formally backed same-sex marriages, meaning that the Christian Democrats would be the only party to oppose the law. Göran Hägglund
Göran Hägglund
Bo Göran Hägglund is a Swedish politician and the current leader of the Christian Democrats of Sweden . He was elected Party Leader on 3 April 2004, succeeding Alf Svensson...
, the leader of the Christian Democrats, stated on Swedish Radio, "My position is that I have been tasked by the party to argue that marriage is for men and women. ... When we discuss it between parties we are naturally open and sensitive to each other's arguments and we'll see if we can find a line that allows us to come together."
On 12 December 2007, the Church of Sweden gave the green light for same-sex couples to wed in the church, but recommended the term marriage be restricted to opposite-sex couples. It was asked by the Government for its opinion on the matter before the introduction of legislation in early 2008. "Marriage and (same-sex) partnerships are equivalent forms of unions. Therefore the Church of Sweden's central board says yes to the proposal to join the legislation for marriages and partnerships into a single law," the Church said in a statement. "According to the Church of Sweden's board the word 'marriage' should however only be used for the relationship between a woman and a man," it said.
On 14 January 2008, two leading politicians in the Christian Democrats took a position against the party and started to support same-sex marriage.
Reports suggested the Government would table its same-sex marriage bill in early 2008, however, they had yet to propose a bill. This was likely due to the Christian Democrats' opposition from within the four-party centre-right governing coalition despite their being the only party opposing the move. After negotiations on a compromise broke down and facing a parliamentary ultimatum in late October 2008, the government prepared to present its bill to a free vote.
On 21 January 2009, a bill was introduced in the Swedish parliament to make the legal concept of marriage gender-neutral. The bill was passed on 1 April and took effect on 1 May. The bill was supported by all parties except the Christian Democrats. It passed with 261 votes in favour, 22 votes against and 16 abstentions.
Church of Sweden
On 22 October 2009, the assembly of the Lutheran Church of SwedenChurch of Sweden
The Church of Sweden is the largest Christian church in Sweden. The church professes the Lutheran faith and is a member of the Porvoo Communion. With 6,589,769 baptized members, it is the largest Lutheran church in the world, although combined, there are more Lutherans in the member churches of...
(which is no longer the national church but whose assent was important for the new practice to work smoothly) voted strongly in favour of giving its blessing to same-sex marriages, including the use of the term marriage. It is the first major church in Sweden to take this position on same-sex marriage. Archbishop of Uppsala
Archbishop of Uppsala
The Archbishop of Uppsala has been the primate in Sweden in an unbroken succession since 1164, first during the Catholic era, and from the 1530s and onward under the Lutheran church.- Historical overview :...
Anders Wejryd
Anders Wejryd
Anders Harald Wejryd is a Swedish Lutheran clergyman. Having been Bishop of Växjö since 1995, he was elected Archbishop of Uppsala and primate of the Church of Sweden in March 2006 and took office in September of the same year....
commented that he was pleased with the decision. The second and third largest Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
denominations
Christian denomination
A Christian denomination is an identifiable religious body under a common name, structure, and doctrine within Christianity. In the Orthodox tradition, Churches are divided often along ethnic and linguistic lines, into separate churches and traditions. Technically, divisions between one group and...
in the country, the Catholic Church and the Pentecostalist Movement of Sweden, commented that they were "disappointed" by the decision of the Church of Sweden.
Opinion polls
A EurobarometerEurobarometer
Eurobarometer is a series of surveys regularly performed on behalf of the European Commission since 1973. It produces reports of public opinion of certain issues relating to the European Union across the member states...
poll conducted in autumn 2006 found that 71% of Swedes supported legalising same-sex marriage. This public approval was the second highest in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
.
See also
- LGBT adoption
- LGBT rights in Sweden
- Recognition of same-sex unions in Europe