Subscribe to Breaking News
Loading ...Swedish court: Canadian gay marriage not legal
12.16.2008 2:42pm EST
(Stockholm) Sweden’s highest court ruled Tuesday that a same-sex couple married in Canada are not married but in a civil union.
The Supreme Administrative Court said that Swedish law does not recognize same-sex marriage and that the couple cannot pay income tax at the lower rate allowed for married couples.Lars Gardfeldt and Lars Arnell had argued that the higher rate was discriminatory.
The couple argued that since their marriage was legal in Canada, it should be recognized in Sweden. Their lawsuit said that “tax authorities can make an exception for a marriage where one party is underage but not for homosexuals.”
In its ruling, the court said that Swedish law permits the tax department to make exceptions for people who are underage but legally married, but there currently is no law in Sweden allowing for the recognition of same-sex marriage.
Gardfeldt and Arnell, who are both priests in the Church of Sweden, said they were disappointed in the ruling but hoped the government would soon amend the law.
Last month, Swedish Prime Minister Fredrik Reinfeldt said legislation allowing same-sex couples to marry is on track and should become law by next May.
Reinfeldt’s coalition government is divided, he conceded, over whether the legislation should allow for church weddings. The Conservative Christian Democrats believe the bill should only allow for civil marriages.
The Prime Minister said he is confident that a compromise will be reached.
Sweden allows civil partnerships.
A parliamentary committee studying the issue last year called civil partnerships outdated and recommended Parliament allow same-sex marriage.
Six of Sweden’s seven political parties support the legislation that would allow same-sex couples to marry either in civil or church ceremonies, leaving only the small Christian Democratic Party opposing the measure.
The Swedish Lutheran Church has offered blessing services for couples in civil unions since 2007, but it has balked at allowing pastors to perform weddings for gay couples.
Under the bill introduced by Reinfeldt’s government, pastors would have the right to decide whether to officiate at same-sex marriages.
You are better than this, Sweden!
gay marriage in Norway and then in Sweden in 2009 if gay marriage is still on track in Sweden. Gay marriage law was passed in Norway in 2008, to go into effect in 2009.
Sweden would be the 7th country and Norway the 6th country in the world to legalize gay marriage in their lands. Gay marriage in Norway in 2009 will bring gay marriage right up to the small Norway/Russia border area at the top of Norway.
Oh no! You mean America isn’t the only first world country that discriminates against gays? How shocking.
Seriously…apparently we are assuming that the task of challenging various societies’ ideals would be simple.
Yes, Jonathan, America isn’t the only 1st world or major Western country in need of catch up!!! 365gay.com has told us that on a rare occasion from time to time over the past few years. Even some areas of Canada are or were like that. Cases of antigay bullying in British Columbia schools, Premier Klein of Alberta a few years ago trying to stop gay marriage in Alberta. Antigay marriage Conservative Canadian prime minister Stephen Harper re-elected.
Look at Australia (AU)that labored under the conservative antigay government of Bush-like prime minister John Howard. AU could not even get civil unions passed in any of its states until finally in Tasmania. New Zealand (NZ)was ahead of AU in the civil unions department. Civil partnerships with all the rights of marriage if I have that right are the laws of the land in NZ. AU like the USA still has catch up to do.
This is just a bump in the road. It appears that Sweden will have gay legal marriage next year, and they have a long history of recognizing gay relationships, and will even have the state church, at the minister’s discretion, willing to do marriage ceremonies. Sure there are some bigots there, but America isn’t the only nation to have its share of ignoramuses and self haters who always need a victim to make up for their own fears and incompetence.
Lets focus on the real problems, and those places where a lot of good religious people will support equality for gay people. As long as it is most substantially equiv in the law to marriage, I don’t care what it is called. And I have proposed to the wife that we get divorced here in MD – It makes perfect sense re estate planing for our situation, but we’d be on the front page for saying we won’t be married until gay people can be married also. BTW, most of the younger str8 people I know ages in the 20s and even 30s don’t want to be married at this point in their lives. Interesting how the churches blame gays for the collapse of the marriage institution – maybe there is as yet a large part of the populace who see the hypocrisy of some churches, and are making a statement about it. How do we harness those people – focus their understanding of what is happening?