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Same-sex marriage in Iceland

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legal in Iceland since 27 June 2010. A bill providing for a gender-neutral marriage definition was passed by the Althing on 11 June 2010.[1] No members of Parliament voted against the bill, and polling suggested that it was very popular among Icelanders.[2] Iceland was the third Nordic country, after Norway and Sweden, the seventh in Europe, and the ninth in the world to legalize same-sex marriage.

Iceland has become a popular marriage destination for same-sex couples and was listed as number eight in the "Top 10 Gay Wedding Destinations" by Lonely Planet in 2014.[3]

Registered partnerships

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Legislative action

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Registered partnerships (Icelandic: staðfest samvist, pronounced [ˈstaːðfɛst ˈsaːmvɪst]) for same-sex couples were introduced in Iceland in 1996. The law was adopted by the Althing on 4 June by a vote of 44–1 and entered into force on 27 June 1996.[4][5][6] This legislation was repealed with the passing of the gender-neutral marriage law in 2010. The legislation granted the same range of protections, responsibilities and benefits as marriage, and was only applicable to same-sex couples. All parties in the Althing were in favour of the law.[7][8] Iceland was the fourth country in the world to establish registered partnerships for same-sex couples, after Denmark, Norway and Sweden.

On 8 May 2000, the Icelandic Parliament approved amendments to the registered partnership law with a vote of 49–1, allowing foreigners to enter into registered partnerships if they had been residing in Iceland for at least two years. Another amendment allowed for a person in a registered partnership to adopt the biological child of his or her partner, unless the child was adopted from a foreign country. Iceland became the second country in the world, after Denmark, to grant same-sex couples some adoption rights.[9] On 2 June 2006, Parliament voted for legislation granting same-sex couples the same rights as heterosexuals in adoption, parenting and assisted insemination treatment. No member of Parliament voted against the proposal and the law came into effect on 27 June 2006.[10] Another amendment to the partnership law which took effect on 27 June 2008 allowed the Church of Iceland and other religious groups to bless same-sex registered partnerships.[11]

Notable Icelandic individuals joined in a registered partnership included former Prime Minister Jóhanna Sigurðardóttir and her partner Jónína Leósdóttir.[12] On 27 June 2010, they had their registered partnership converted into a recognized marriage.[13][14][15]

Statistics

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The rate of registered partnerships remained relatively constant over the years. According to Statistics Iceland, 12 same-sex couples entered into such partnerships in 2003. This number was 17 in 2004, 13 in 2005, 13 in 2006, 19 in 2007, and 18 in 2008.[16]

Same-sex marriage

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Legislative action

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The Government of Iceland, elected in April 2009, announced the introduction of a gender-neutral marriage act at some point in the future. On 19 May 2009, it publicly stated that "a single marriage act will be adopted". Though it was not explicitly stated, it implied that the act would be gender-neutral.[17][18] The opposition Progressive Party also supports same-sex marriage.[19]

On 18 November 2009, the Minister of Justice and Human Rights, Ragna Árnadóttir, confirmed that the Icelandic Government was working on a "single marriage act" which would include both opposite-sex and same-sex couples.[20] On 23 March 2010, the government presented a bill to repeal the registered partnership law and allow couples to marry regardless of gender. The bill would amend the Marriage Act (Icelandic: Hjúskaparlög,[21] pronounced [ˈçuːskapartlœɣ]) to define marriage as the union of "two persons",[a] and make all references to marriage and married spouses gender-neutral.[22][23] On 11 June 2010, the Icelandic Parliament approved the bill 49 to 0, with 7 abstentions and 7 absences.[21][24][25] The legislation was signed into law by President Ólafur Ragnar Grímsson on 22 June, and took effect on 27 June 2010.[26] Among the first couples to marry were Prime Minister Jóhanna Sigurðardóttir and her partner in Reykjavík on 27 June.[14][27]

11 June 2010 vote in the Althing[24]
Party Voted for Voted against Abstained Absent (Did not vote)
 G  Social Democratic Alliance
17
 –
2
1
  Independence Party
12
 –
1
3
 G  Left-Green Movement
11
 –
3
 –
  Progressive Party
5
 –
1
3
  The Movement
3
 – – –
  Independent
1
 – – –
Total 49 0 7 7
77.8% 0.0% 11.1% 11.1%

Religious performance

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In October 2015, the Church of Iceland voted to allow same-sex couples to marry in its churches. A freedom of conscience clause which would have allowed priests to decide based on religious or personal grounds whether to perform a ceremony was voted down by the Church Assembly. The Bishop of Iceland, Agnes M. Sigurðardóttir, welcomed the move to perform same-sex marriages, saying "the church is primarily a channel of the love of Christ and celebrates life in all its diversity."[28] Other smaller religious organisations also perform same-sex marriages, including Ásatrúarfélagið, which has been conducting same-sex weddings since 2003.[29]

Public opinion

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A February 2000 Gallup opinion poll showed that 53% of Icelanders supported the right of same-sex couples to adopt children, 12% declared their neutrality and 35% were against the right to adopt.[30]

A June 2004 Gallup poll showed that 87% of Icelanders supported same-sex marriage.[30][31] Furthermore, a Fréttablaðið opinion survey in November 2005 showed that 82.3% of the population supported access to assisted pregnancy for lesbian couples.[32][33]

According to a 2006 Gallup poll, 89% of Icelanders supported same-sex marriage, with 11% opposed. Specifically, 66% supported both civil and religious same-sex marriages, 19% supported only civil marriages and 3% only religious marriages. Support varied by age: 92% of 18–24-year-olds were in favour of same-sex marriage, compared to 95% in the 25–34 age group, 93% in the 35–44 age group, 89% in the 45–54 age group, and 81% among those over 55.[34]

See also

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Notes

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  1. ^ Article 1 of the Marriage Act states: Lög þessi gilda um hjúskap tveggja einstaklinga., translating to "This Act applies to the marriage of two persons."[21]

References

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  1. ^ Arce, Dwyer (11 June 2010). "Iceland parliament approves same-sex marriage legislation". JURIST. Archived from the original on 5 June 2020. Retrieved 5 June 2020.
  2. ^ "Iceland parliament votes for gay marriage". IceNews. 11 June 2010. Archived from the original on 5 June 2020. Retrieved 2 February 2014.
  3. ^ Zimmerman, Karla (February 2014). "Top 10 gay wedding destinations". Lonely Planet. Archived from the original on 5 June 2020. Retrieved 5 June 2020.
  4. ^ "320. mál lagafrumvarp Lög nr. 87/1996, 120. löggjafarþingi". Althingi (in Icelandic). Archived from the original on 23 August 2017. Retrieved 6 June 2020.
  5. ^ "Lög um staðfesta samvist". Althingi (in Icelandic). Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  6. ^ "Iceland : Recognized partnership law, 1996". France QRD. 1 July 1996. Archived from the original on 12 January 2016. Retrieved 2 February 2014.
  7. ^ "ILGA Euroletter 42, June 1996". France QRD. June 1996. Archived from the original on 12 January 2016. Retrieved 2 February 2014.
  8. ^ "ILGA Euroletter 43, August 1996". France QRD. August 1996. Archived from the original on 21 November 2015. Retrieved 2 February 2014.
  9. ^ "Adoption of Stepchildren in Gay and Lesbian Families in Iceland". Gay Ottawa Now!. 13 June 2000. Archived from the original on 28 January 2016.
  10. ^ Gunnarsdottir, Hrafnhildur (12 June 2006). "Important Improvements in Gay and Lesbian Rights in Iceland". ILGA-Europe. Archived from the original on 27 February 2012. Retrieved 2 February 2014.
  11. ^ "First Lesbian Couple in Iceland "Marries" in Church". Iceland Review. 2 July 2008. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  12. ^ Moody, Jonas (30 January 2009). "Iceland Picks the World's First Openly Gay PM". Time. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  13. ^ Lloyd, Peter (28 June 2010). "Iceland's Prime Minister marries long-term partner". Pink Paper. Archived from the original on 5 March 2012.
  14. ^ a b Brocklebank, Christopher (28 June 2010). "Icelandic PM weds as gay marriage legislation comes into effect". PinkNews. Archived from the original on 15 February 2020. Retrieved 6 June 2020.
  15. ^ "Jóhanna og Jónína í hjónaband". RÚV (in Icelandic). 27 June 2010. Archived from the original on 12 May 2019. Retrieved 6 June 2020.
  16. ^ "Marriages, consensual unions and divorces". Statistics Iceland. 27 May 2009. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  17. ^ "Government Coalition Platform of the Social Democratic Alliance and Left-Green Movement". Eng.forsaetisraduneyti.is. 19 May 2009. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  18. ^ "Iceland: Homosexuality and the Law". Gayice.is. 30 July 2009. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  19. ^ "Framsóknarflokkurinn sendir frá sér ályktun um hjónabandslöggjöfina". Samtökin '78 (in Icelandic). 26 January 2009. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  20. ^ "Unnið að setningu einna hjúskaparlaga". Morgunblaðið. 18 November 2009. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  21. ^ a b c "Hjúskaparlög, staðfest samvist o.fl. (ein hjúskaparlög)". Alþingi (in Icelandic). Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  22. ^ "Iceland Likely to Permit Gay Marriage by June". CarnalNation. Archived from the original on 3 February 2014. Retrieved 2 February 2014.
  23. ^ "Iceland is fine-tuning marriage-equality bill". Sdgln.com. 10 April 2010. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  24. ^ a b "Atkvæðagreiðsla". Alþingi (in Icelandic). Archived from the original on March 31, 2018. Retrieved 6 June 2020.
  25. ^ Bjornsdottir, Birna; Vinocur, Nicholas (11 June 2010). "Iceland passes gay marriage law in unanimous vote". Reuters. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  26. ^ "New gay marriage law in Iceland comes into force". IceNews. 28 June 2010. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  27. ^ "Jóhanna og Jónína gengu í hjónaband". DV (in Icelandic). 27 June 2010. Archived from the original on 28 October 2021.
  28. ^ Underwood, York (29 October 2015). "Icelandic Priests Cannot Deny Gay Marriage". The Reykjavík Grapevine. Archived from the original on 14 February 2018. Retrieved 14 February 2018.
  29. ^ "Old Norse Weddings Becoming More Popular For Same-Sex Couples". Reykjavík Grapevine. 15 May 2015.
  30. ^ a b Westlund, Jennie; Barr, Bonnie; Kuosmanen, Paula; Traustadóttir, Rannveig; Kristinsson, Thorvaldur (2009). "Regnbågsfamiljers ställning i Norden Politik" (PDF). NIKK Publikationer. p. 269. Archived (PDF) from the original on 6 June 2020. Retrieved 6 June 2020.
  31. ^ "Meirihluti vill leyfa giftingar samkynhneigðra" (in Icelandic). Morgunblaðið. 29 June 2004. Archived from the original on 31 January 2018. Retrieved 31 January 2018.
  32. ^ "Íslendingar vilja að lesbíur fái að eignast börn með gjafasæði: Sýnir umburðarlyndi fólks" (in Icelandic). Fréttablaðið. 21 November 2005. Archived from the original on 31 January 2018. Retrieved 6 June 2020.
  33. ^ "Mikill stuðningur við rétt til tæknifjóvgunar". Vísir.is. 21 November 2005. Archived from the original on 6 June 2020. Retrieved 6 June 2020.
  34. ^ "Litlar breytingar á viðhorfi til giftinga samkynhneigðra" (PDF) (in Icelandic). Gallup. September 2006. Archived (PDF) from the original on 9 August 2019. Retrieved 10 August 2019.
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