From larsm@ifi.uio.no Wed Jun 12 09:43:37 1991 Return-Path: Received: from ifi.uio.no by rpi.edu (4.1/SMHUB25); id AA18973; Wed, 12 Jun 91 09:43:29 EDT for prince Received: from sigfar.ifi.uio.no by ifi.uio.no with SMTP id ; Wed, 12 Jun 1991 15:44:14 +0200 From: Lars Markhus Received: by sigfar.ifi.uio.no ; Wed, 12 Jun 1991 15:44:11 +0200 Date: Wed, 12 Jun 1991 15:44:11 +0200 Message-Id: <9106121344.AAsigfar05067@sigfar.ifi.uio.no> To: prince@rpi.edu Subject: (warning long) RE: GAY RIGHTS LAWS in Foreign Countries Status: RO 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 --- larsm@ifi.uio.no