Subject: (warning long) RE: GAY RIGHTS LAWS in Foreign Countries

From: Lars Markhus <[email-masked]>
Date: Wed, 12 Jun 1991 15:44:11 +0200

In response to your article in alt.politics.homosexuality
of 20 May 91 19:33:45 GMT: GAY RIGHTS LAWS in Foreign Countries.

The following is a translation of a pamphlet distributed by the
Norwegian Association of 1948 (Norwegian national G/L-rights
association) some months ago.  This might not bee what you were looking for, 
but I thought it might be of interest to you, so here goes.

Note this is not an "official" translation on behalf
of the association.

If you want further information on Norwegian law etc. I'm sure that they
will be helpful in providing it.

Their address:
Det Norske Forbundet av 1948
Postboks 6838 St. Olavs plass
N-0130 OSLO 1
NORWAY

Telephone: NORWAY (47) 2  36 19 48

The pamphlet is directed at norwegian gays and lesbians, politicians and
the norwegian public as an information on the then upcoming law proposal
in the norwegian parliament (Stortinget) in march 1991.

.... PAMPHLET BEGIN

REGISTERED PARTNERSHIP - what is it?

AN ORIENTATION FROM
The Norwegian Association of 1948
(National association for gay and lesbian liberation)

Registered partnership - what is it?

Tuesday 13. june 1990 a private law proposal was handed in to the
Norwegian parliament.  The people behind the proposal were Lisbeth Holan
and Kristin Halvorsen form SV (Socialist Left), Grete Knudsen and Trond
Jensrud from Arbeiderpartiet (Social democrats) and Jan Erik Faane form
Fremskrittspartiet (Liberals).  The proposal aims to establish a
partnershiplaw for gay and lesbians, which will give gay and lesbian
couples the same possibilities to regulate their cohabitation judicially
and financially as heterosexuals today have the means of through
marriage.

The proposal contains among other things rules for mutual financial
support, distribution of property and fortune on separation, pension
rights and inheritance rights for the remaining partner and exemption
from inheritance tax, in accordance to the same rules that apply to
married couples.

One important aspect of the proposal, in addition to the purely judicial
and financial aspects, is that such a law will help in giving acceptance
to homosexual cohabitation in society which would benefit all gays and
lesbians, whether they live as couples or alone.

It is 40 years of struggles for lesbian and gay rights which now
culminates in this law proposal.  The Norwegian Association of 1948,
which is the largest of the two main organizations for gays and lesbians
in Norway was founded in 1950, and celebrates its 40th anniversary these
days.

REGISTERED PARTNERSHIP IN THE NORDIC COUNTRIES

Denmark was the first of the nordic countries to come out with a law on
registration of gay and lesbian partnerships.  The Danish law was
accepted on the 26th may 1989, and enforced on the 1st of october the
same year.  The Danish law means that gay and lesbian couples have the
opportunity of regulating their partnership such that they attain the
same obligations and rights as married couples, with the exception of
the right to adopt and having a church wedding.

In Sweden one has also been working on a similar law for many years, but
without it becoming a reality for the time being.  In Sweden one
nevertheless already has rules which safeguards cohabitants - regardless
of whether they are of the same or the opposite sex - some of the same
rights as do married couples, such that gays and lesbians in Sweden
actually have some rights which gay and lesbians in Norway don't have. 
Nevertheless a law-proposal on the same lines as the Norwegian is under
work in Sweden as well.  Much suggests that a law-proposal about
registered partnerships will come up in the Swedish parliament
(Riksdagen) in the course of 1990.

REGISTERED PARTNERSHIP IN NORWAY?

In Norway there has for quite some time been work with the plans about a
law-regulation of gay and lesbian cohabitation.  DNF-48 decided in their
general assembly in 1988 that a law-regulation which was to ensure gays
and lesbians the same rights and duties, as heterosexual couples have
the opportunity of obtaining, was going to be a goal from then on.  A
similar decision was also made by the other main organization for gays
and lesbians in this country - The Counsel for gay and lesbian
organizations in Norway (FHO, Fellesraadet for homofile og lesbiske
organisasjoner i Norge).

NORWAY - LEADING THE WAY?

Norway was the first country in the world to decide on an anti-
discrimination paragraph which protects gays and lesbians against
discrimination and differential treatment on the same line as the
prohibition against discrimination of humans with a different ethnic
origin, religion or skincolor.  Despite of the ruling laws (paragraphs
135a and 349a of the penalcode) and which among other things prohibits
denying people as mentioned above the same services as others, there are
several other areas where there are large differences.  Insurance
companies, airlines and the Norwegian Armed Forces are but a few
examples where married couples and cohabitants are treated equally when
it is a matter of obtaining special privileges, but where there also is
a condition that cohabitants have to be one of each sex.  Married
couples receive special privileges that cohabitants don't have as far as
taxation, inheritance and pension-schemes are concerned, so in these
areas one can claim that there is no difference between heterosexual and
homosexual cohabitants.  What is often forgotten in this connection is
the possibility the heterosexuals have to marry and attain the wanted
rights and duties.

Norway has, not only where it concerns discrimination of gays and
lesbians, but also in other areas that deal with human rights in a wider
sense, been a country to follow and a guide for many other countries. 
When the work concerns safeguarding gays and lesbians the same rights
and terms of life as other people, Norway is about to lag behind
compared to several other countries.  Norway as a nation has
traditionally been a leading country where taking care of people and
their rights is concerned.  This tradition should be upheld, and it
should also include the rights of gays and lesbians.

STRENGTHENING OF GAY AND LESBIAN IDENTITY

Selfrespect is fundamental for all humans.  For gays and lesbians the
process of becoming confident with one self is often lengthier and more
problematic than is the case for heterosexuals.  In the work with
accepting one self, it is important to be able to receive positive
signals form society.  When parliament in 1981 decided to alter the
paragraphs 135a and 349a of the penal code, legislation intended to
protect gays and lesbians against discrimination and differential
treatment, the norwegian politicians signaled that they wanted a society
where all humans were to feel safe and not to be subjected to
encroachment and discrimination.  Although few gays and lesbians
perceived this as a large problem, these laws have undoubtedly had an
enormous importance both in respect to societies attitudes towards gays
and lesbians and in respect to gays and lesbians own selfrespect and the
way in which they regard them selves.

A partnership law will in the same way signal the politicians will to be
in on the altering of the lines that exist and divide groups of humans
today.  These signals will assist in building up the way gays and
lesbians perceive them selves, and thereby have a positive effect for
all gays and lesbians, not only those that would choose to use the
advantages and duties a partnership law would entail.

IS SOCIETY READY FOR REGISTERED PARTNERSHIP?

In 1990 DNF-48 celebrate their 40th anniversary as an independent
organization.  From 1950 and up to this day society's and 
individuals perception and attitudes towards gays and lesbians has
developed.  Much of the work gay and lesbian organizations have put down
has been fruitful.  One reason for this is undoubtedly the good contact
the organizations have built up with individual politicians and parties. 
Gays and lesbians are anticipating to see whether the same understanding
and solidarity will appear when the case of registered partnerships is
to be treated in parliament.

.... END OF PAMPHLET

At the end of march this year the larger part of the Norwegian
parliament (Odelstinget) decided to pass the proposal for a
partnershiplaw over to the government for further consideration.  This
was made possible by votes from 3 members of the conservative parties
who decided to vote against their own parties.  The vote was 36 for, 33
against.

As far as I know that is where the case lies for the moment.  The gay
and lesbian organizations expect that the proposal will become law 
during the course of next spring.

I'll see if I can compile a (short) list of norwegian laws which concernes
G/L-rights etc. and then mail it to you, but I can't promise if or when.

And once agian, sorry for the length of this.

-------------------------------------
--- Lars Markhus --- [email-masked]