SAME-SEX “MARRIAGE” IN THE NETHERLANDS?
A Brief Backgrounder

Marriage Law Project
November 28, 2000

	WHAT IS THE CHOICE?

The Parliament of the Netherlands is about to decide whether to legalize same-sex “marriage.”  The Lower Chamber has already approved it, and now the Upper Chamber must cast its vote.  No country in the world has ever legalized same-sex “marriage,” so the Dutch may be the first.

	HISTORY

The effort to legalize same-sex “marriage” in the Netherlands has gathered momentum over the last decade.  It emerged from the following series of legal steps, each seeming small at the time:

•	1992–Equal Treatment Act prohibits discrimination on the basis of “sexual orientation”

•	April 1996–resolution of Lower Chamber of Parliament calls for bill recognizing same-sex marriage (vote was 81-60)

•	1998–the previous ruling coalition loses power in national elections and the new coalition makes same-sex marriage a part of its platform

•	1998–bill creating Registered Partnerships gives same-sex couples the ability to register with the government and have all of the rights available to unmarried opposite-sex couples except the right to adopt children

•	April 1998–another Lower Chamber resolution calls for same-sex marriage bill (vote was 81-56)

•	June 1999–the Dutch Cabinet approves the introduction of bills that would provide for recognition of same-sex marriage and allow for adoption of children by same-sex couples

•	September 12, 2000–the Lower Chamber of Parliament approves the marriage and adoption bills (vote was 109-33).  Media worldwide mistakenly report this as a final vote.

•	November 2000--the Upper Chamber is preparing to vote on the legislation.  The Chamber can only accept or reject the bill, but cannot amend it.  Passage of the legislation is not certain, but given the vote in the Lower Chamber, but it is certainly possible.  

•	January 2001--if the bill is approved, the new law could go into effect as early as Jan. 1st.

DESCRIPTION OF THE LEGISLATION

Bill 26672 (“On the Opening Up of Marriage”) allows same-sex couples to “marry” and treats these relationships the same as opposite-sex marriage.  One of the partners must be a Dutch citizen or permanent resident to contract a same-sex marriage in the Netherlands. Traditional laws of descent do not apply in same-sex “marriages,” unless the couple adopts a child.

Bill 26673 allows same-sex couples to adopt jointly.  The couple must have cohabitated for three years and have jointly raised the child for one year.  For the time being,  the child being adopted must also be from the Netherlands (this was added to respond to criticisms from other countries).

FOR FURTHER INFORMATION

English translations of the two bills can be found at the Marriage Law Project website <http://marriagelaw.cua.edu>.  The site also includes translations of some Lower Chamber speeches, as well as a Statement from Professors sent as an appeal to the Dutch Parliament.

The Dutch Ministry of Justice has a webpage which includes English versions of some relevant texts, including a question-and-answer piece about the bill: <www.minjust.nl>.  

Coverage of the issue from the pro-same-sex “marriage” point of view can be obtained at: <www.coc.nl>

The Marriage Law Project can be reached at
Columbus School of Law
The Catholic University of America
3600 John MacCormack Rd. NE
Washington, DC 20064
202-319-6215
202-319-4459 (fax)