Wednesday, October 12, 2005

Slippery slope? Probably not.

Evan Wolfson, on Freedom To Marry, does everybody a service by clarifying the status of that supposed three-way marriage in the Netherlands:
On an Illinois radio show I did last week -- available on our website or at this link -- one anti-gay caller characteristically avoided offering a reason why the government should continue excluding same-sex couples from marriage and, as usual, went to the 'slippery slope' diversion of 'polygamy.' As new proof that the sky was falling, the caller said that the Netherlands, which has ended the exclusion of same-sex couples from marriage, has now also allowed a trio of man and two women to wed. Before yet another right-wing scare tactic gathers traction, please note that this claim -- that the Netherlands registered a multi-partner 'civil union' -- is untrue.

Following the radio interview, we looked into the caller's claim and found an erroneous September 27 report in something called the Brussels Journal -- www.brusselsjournal.com -- misusing the term 'civil union' and talking about something 'registered by a notary.' Once we checked this with a leading Dutch expert who follows legal developments in family law, we learned that the only legally relevant thing that happened was that three people, with the help of a notary, signed a private cohabitation contract -- and did not enter into any kind of legal state-recognized union. Such personal agreements are not registered, and do not have legal implications for third parties. In both these respects, as well with regard to the state's imprimatur, a personal agreement or contract is different from both marriage and registered partnership. (And civil union, as such, is not a legal status in the Netherlands).

No comments: