Others May Follow: The Introduction of Marriage, Quasi-Marriage, and Semi-Marriage for Same-Sex Couples in European Countries

Judicial Studies Institute Journal, Vol. 5, pp. 104-127, Dublin, 2005

21 Pages Posted: 9 Jul 2009 Last revised: 28 Sep 2009

See all articles by Kees Waaldijk

Kees Waaldijk

Leiden University - Leiden Law School

Date Written: 2004

Abstract

This article is based on the text of an affidavit written by the author in October 2003, at the request of the Department of Justice Canada, for the Supreme Court of Canada, in the matter of a reference by the Governor in Council concerning the proposal for an act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003. In this reference the Canadian government asked the Supreme Court of Canada for an advisory opinion on proposed legislation to extend the definition of civil marriage to samesex couples (after appellate courts in two common law provinces ruled that the exclusion of same-sex partners from marriage is unconstitutional, and a superior court in civil law Québec ruled the province’s statutory bar to be similarly unconstitutional). The article introduces the terms 'quasi-marriage' and 'semi-marriage' for comprehensive and more limited forms of registered partnership. It gives detailed information on the legislative developments in the Netherlands and Belgium, and also covers those in Denmark, Norway, Sweden, Finland, Iceland, Germany and France.

Keywords: same-sex marriage, registered partnerschip, cohabitation, Netherlands, Belgium, Europe, comparative law

JEL Classification: K1

Suggested Citation

Waaldijk, Kees, Others May Follow: The Introduction of Marriage, Quasi-Marriage, and Semi-Marriage for Same-Sex Couples in European Countries (2004). Judicial Studies Institute Journal, Vol. 5, pp. 104-127, Dublin, 2005. Available at SSRN: https://ssrn.com/abstract=1428827

Kees Waaldijk (Contact Author)

Leiden University - Leiden Law School ( email )

PO Box 13228
The Hague, 2501EE
Netherlands

HOME PAGE: http://www.universiteitleiden.nl/en/staffmembers/kees-waaldijk

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