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Spain to decide on same-sex marriage law

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  1. Spain really should be worrying about its economy more than a law that was passed seven years ago!

  2. Right wing filth can always be trusted to oppress and ruin everything that they touch. Waste of time and money for Spain.

    1. Sadly, as in Germany, there are those who hark back to the “good old days” of Fascism. Thankfully, there are a vanishingly small minority, but often recruit the Church or (mis) quote the Bible to give themselves a louder voice.

  3. Robert in S. Kensington 6 Nov 2012, 2:42pm

    Once again, the catholic cult wielding it’s diminishing power in Spain but facing yet a second and final defeat. The Spanish people have one of the highest percentages of its electorate supporting equal marriage among the 11 countries where it is legal. Shortly after the Zapatero government passed equal marriage, polls suggested that as many as 81% of Spaniards supported it, amazing for a catholic country. Ths Spanish people are more concerned about the enormous economic crisis in their country than equal marriage.

    1. That There Other David 6 Nov 2012, 3:04pm

      The Catholic Church blew it in Spain by supporting the Franco regime. The younger generation are mostly repulsed by the Vatican’s edicts. In the meantime even most of the PP’s voters now think the law should stand. I’ll be very surprised if the court supports the appeal. Very surprised indeed.

      1. Took the words right out of my mouth. The Spanish civil war was all about the domineering Catholic church, which was almost thrown out of the country altogether as a result.

  4. The Court should uphold equality, but the reasoning matters.

    Marriage is a right in the Spanish constitution, but is not defined. Anti-gays argue it’s implicit that marriage is 1 man + 1 woman.

    1) The court could hold that marriage is whatever parliament says it is.

    2) Or the court could find that marriage in the constitution is between a man and a woman, but parliament is free to define additional types of marriage.

    3) The courts could find there is a constitutional right to gay marriage, since otherwise gay men and women do not, in practice, have the ability to marry. (Unlikely.)

    This matters to non-Spaniards because Article 12 of the ECHR has similar wording. In Schalk/Kopf v Austria 2010, the ECHR upheld argument 1); 2 judges plumped for 2) and none for 3).

    Success at the ECHR will come from articles 8+14 – 3 judges for equality in 2010 – but a more inclusive view of article 12 can only help. The ECHR looks at national decisions, so any votes for 3) is good news.

  5. I have to admit I’m surprised by this, I had no idea there’d been an appeal.

    1. Bill (Scotland) 6 Nov 2012, 7:20pm

      This is in fact the second appeal. The last one was defeated some months ago, I am not surprised that a second appeal has been lodged, unfortunately.

      1. Hello Bill. I am Spanish, and live in Madrid. I am also married under this law. I have no knowledge whatever of your news about first and second appeals; there was one, lodged over 7 years ago by the Partido Popular. The Constitution here has a ‘double indemnity’ clause so the sam,e appeal cannot be constantly lodged. Could you post references for your news, I’d really be interested to follow them up. Thanks, Rufus

  6. Rajoy’s a tosser – the country is so depressed and they’re squabbling over people who what to commit the rest of their lives to each other. They’re a bunch of hypocrites – always banging on about the “family” – yawn, yawn, – and then they try to prevent us of making our own families. ANd for those of you who are always pointing to Spain as a liberal democracy where gay rights are protected, get yourself out of Chueca and visit other parts of Spain and you’ll see a different side of what you think is such a wonderful democracy! PP – Proper Pricks!

  7. Devastatingly disrespectful to those who are married in Spain. The cruelty of this appeal and possible repercussions are unbelievable.

  8. sylvatica 6 Nov 2012, 7:16pm

    Just in, marriage equality in Spain is safe.

  9. Bill (Scotland) 6 Nov 2012, 7:22pm

    At a very personal level I hope this latest appeal fails, as the earlier one did.

  10. Bill (Scotland) 6 Nov 2012, 7:33pm

    The same-sex marriage law has been upheld by the Constitutional Court. Great news!

  11. Pavlos Prince of Greece 6 Nov 2012, 7:47pm

    The Constitutional Court has already say ‘yes’!

  12. Gay Activist Paul Mitchell 6 Nov 2012, 11:48pm

    News just in, good news the 7 year old marriage equality law was fully upheld by a Court vote of 8-3!

    Bigots 0, people who uphold and enjoy full equality 1!

  13. The real news here is that the government is using this as a pretext to drop the issue.

    We won’t have the text of the ruling for several days, but it is very likely that the constitutional court found that Parliament is free to choose whether to have same-sex marriage or marriage-like civil unions, or neither. I think it is very unlikely that the court has argued that Spain is obliged to offer marriage equality.

    But Mr Gallardon has said he will leave the marriage equality law alone. Assuming he doesn’t change his tune when he reads the ruling, that’s a big concession.

    This is not just a victory for reading comprehension on the part of three-quarters of the judges. It’s also a victory for the Spanish people’s support of marriage equality.

    Legal victories and democratic victories are both precious in their own way. This news brings a bit of both.

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