Same-Sex "Marriage" in Holland: Is the Sky Falling?
By David Coolidge
Posted: Sunday, April 1, 2001

PRESS RELEASES & NEWS
EPPC Online  (Washington, DC)
Publication Date: April 1, 2001

At the stroke of midnight on Sunday morning, April 1st, the Mayor of Amsterdam will begin a mass same-sex ‘wedding’ at the Town Hall. This is the day that the Netherlands will begin to allow full legal marriage between couples of the same sex. It will be the first day in the history of the world that any legal system makes this possible.

There will be laughter, tears and celebrations, and global rallies in solidarity. Print and broadcast media will be full of smiles, stories and declarations of true love. Soon, bi-national same-sex couples across the world will be flying to Holland to get “married.” As long as one of them is a Dutch citizen or resident national, they can do it.

“Don’t expect the sky to fall,” said David Orgon Coolidge, director of the Marriage Law Project. “Marriage, like the sky, cannot be redefined by any statute.”

Every other country in the world defines marriage as the union of a man and a woman. In the United States alone, the Congress and 34 States have reaffirmed this definition of marriage, and intend to apply it to any “Dutch marriages” that may arrive.

“The new Dutch law just illustrates how out of step the Netherlands is with the rest of the world,” Coolidge added. “This is the country that has legalized drugs, prostitution, and euthanasia. Why are we surprised if same-sex ‘marriage’ joins the list?”

“Americans and those who represent them have not abandoned their belief in marriage, and we are confident that if and when legal challenges are brought, State and Federal government will clearly reaffirm marriage as the union of a man and a woman,” he said.

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Backgrounder

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THE SIGNIFICANCE OF APRIL 1, 2001

On April 1, 2001, the Netherlands will become the first country in the world to legalize “marriages” between persons of the same sex. No one knows what the impact will be.

THE NEW LAW

Bill 26672 (“On the Opening Up of Marriage”), which goes into effect on April 1, 2001, allows same-sex couples to “marry” and treats these relationships the same as male-female 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. Only Dutch children can be adopted by same-sex couples.

WHERE THE LAW CAME FROM

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-Lower Chamber of Parliament calls for same-sex “marriage” bill (81-60).

1998-the previous ruling coalition loses power in national elections. The new Labor-led government makes same-sex “marriage” a part of its platform. In April, another Lower Chamber resolution calls for a same-sex marriage bill (this time 81-56)

1998-Registered Partnerships bill passes which gives same-sex couples the ability to register and have all marriage-related rights except the right to adopt children.

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

2000-On September 12, the Lower Chamber of Parliament approves the marriage and adoption bills (109-33). Media worldwide mistakenly report this as a final vote. Then on December 19, the Upper Chamber of the Parliament approves the marriage and adoption bills (49-26). Queen Beatrix and her State-Secretary for Justice sign the bills and decree that they will take effect on April 1, 2001.

IMPLICATIONS FOR THE WORLD

The aftershocks of this development will not be limited to the Netherlands. The general legal rule has been that one country will recognize another country’s valid marriages. Every nation must now decide whether to recognize Dutch same-sex “marriages,” if couples demand recognition.

No country in the world currently permits or recognizes same-sex “marriages.” The United States has already decided that it will not recognize them. In 1996, the United States Congress enacted the Defense of Marriage Act (DOMA), defining marriage as the union of a man and a woman for federal law purposes. In addition, since 1995, 34 of the 50 States have enacted legislation clarifying that they only recognize marriages between one man and one woman.

Since only one party needs to be Dutch to marry in the Netherlands, Dutch-American same-sex "spouses" are a real possibility. This means that sooner or later, all of the states and many other countries will be faced with the question of how to respond to demands that such a "marriage" be recognized. Legal organizations supporting same-sex couples, such as the Lambda Legal Defense & Education Fund, have already vowed to challenge Federal and State DOMA statutes.

FOR FURTHER INFORMATION

English translations of the Dutch “marriage” law 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 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>.

Supportive coverage of the same-sex “marriage” point of view can be obtained at: <www.coc.nl>.

Source Notes:  
The Marriage Law Project has moved to the Law school at Catholic University of America. See related links for futher information.

Related Links
Marriage Law Project at CUA