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Same-sex marriage in the Faroe Islands

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 the Faroe Islands since 1 July 2017. Legislation allowing same-sex marriage and adoption by same-sex couples was approved by the Løgting on 29 April 2016. The Danish Parliament approved the necessary legislative adaptations on 25 April 2017, and the law received royal assent on 3 May and went into effect on 1 July 2017.

The Faroe Islands, an autonomous territory within the Kingdom of Denmark, was the last Nordic region to introduce same-sex marriage.

Registered partnerships

Unlike Denmark and Greenland, the Faroe Islands never adopted registered partnerships (Faroese: skrásett parlag,[1] pronounced [ˈskɹɔaːsɛtː ˈpʰaɻɭɛaː]; Danish: registreret partnerskab, pronounced [ʁekiˈstʁeˀð̩ ˈpʰɑːtnɐˌskɛˀp]) which would have offered same-sex couples some of the rights, benefits and responsibilities of marriage.

In 1989, Denmark became the first country in the world to enact registered partnerships. However, the law did not apply to the Faroe Islands. In 2011, the Danish Ministry of Justice stated that it could not say whether partnerships performed in Denmark or Greenland would be legally recognized in the Faroe Islands, and that the issue was "ultimately a matter for the courts".[2]

Same-sex marriage

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.

Failed attempts in 2013–2014

Same-sex marriage legislation first appeared in the Løgting after the Tórshavn gay pride parade in 2012. A set of bills to extend Denmark's same-sex marriage law to the Faroe Islands was submitted to the Løgting on 20 November 2013. If approved, they would have entered into force on 1 April 2014.[3][4][5] Opposition to the bills from the parties of the governing coalition crippled their passage and the bills were rejected at the second reading on 13 March 2014,[6] despite popular public support.[7][8][9][10]

Same-sex marriage became a significant issue in the September 2015 elections.[11]

Introduction of legislation in 2016

Following the September 2015 election, MPs Sonja Jógvansdóttir, Bjørt Samuelsen, Kristianna Winther Poulsen and Hanna Jensen submitted a same-sex marriage bill to the Parliament Secretariat.[12] The proposal, along with a bill permitting same-sex divorce, entered the Løgting on 17 November 2015. If approved, the law would be scheduled to go into effect on 1 July 2016.

The first reading took place on 24 November 2015.[13][14] Though a majority of the committee scrutinising the bill were in favour of same-sex marriage,[15] the second reading was postponed to the third week of March 2016.[15][16] On 14 March 2016, the Welfare Committee presented their recommendation to the Løgting. Despite divisions, a majority of committee members, including Katrin Kallsberg, Sonja Jógvansdóttir, Óluva Klettskarð and Djóni N. Joensen, recommended the Parliament to pass the bill. Members of the committee in the minority, Kaj Leo Johannesen, Jenis av Rana and Jógvan á Lakjuni, recommended that the bill be rejected.[17]

The second reading was held on 16 March 2016.[18] There was not a majority for the proposal, as two members from the governing coalition, Kristin Michelsen and Heðin Mortensen from the Social Democratic Party, said they would not support the proposal at this stage, and suggested that the bill be sent back to the Welfare Committee for amendments. They and several other members of the Løgting raised concerns that the legislation would mandate a right to same-sex marriages in the Church of the Faroe Islands. Following a short break, the Løgting voted to send the bill back to the committee by a vote of 26–2 with 5 abstentions.[19][20][21] During the debate, several conservative members, who had vocally stated their opposition to same-sex partnerships in the past, said they would support legalizing registered partnerships for same-sex couples.

Some members of the Løgting raised concerns about section 14,2 of the Danish Marriage Act (Faroese: Hjúnabandslóg,[22] pronounced [ˈtʃʰʉuːnapantsˌlɔuːw]; Danish: Ægteskabsloven, pronounced [ˈektəskɛpsˌlɒwˀn̩]) which stated that couples who have entered into a civil marriage may have their marriage blessed by the state church.[22] In response to this concern, the Welfare Committee later moved an amendment stating that the proposed new marriage law in the Faroe Islands would not be implemented by the Løgting before section 14,2 had been either deleted or refrased.[22]

Passage in the Løgting in 2016

The bill returned to the Løgting in its amended form for a second reading on 26 April 2016.[23] Debate began at 11 a.m. and concluded well after midnight on 27 April. During the debate, Mortensen introduced a proposal to conduct a referendum on the subject, which precipitated a crisis in the coalition government.[24][25] During a 90-minute break in proceedings, Mortensen engaged in high-level talks on the matter with Prime Minister Aksel V. Johannesen and other members of the Løgting. He eventually withdrew his proposal, telling Kringvarp Føroya that he would not risk dividing or even possibly dissolving the coalition government.[26]

A few minutes later, a vote was held on the second reading, resulting in 19 votes in favour and 14 against. Every Government MP, Independent MP Sonja Jógvansdóttir and two Opposition MPs (Magni Laksáfoss and Edmund Joensen from the Union Party) voted in favor.[27][28][29] The bill was approved in its third and final reading on 29 April, again by a 19–14 vote.[30][31][32] At this point, a vote was held on a proposal for a referendum on the subject, though it was defeated in a 16–17 vote.[33]

29 April 2016 vote in the Parliament of the Faroe Islands[34]
Party Voted for Voted against
 G  Social Democratic Party
7
 –
 G  Republic
7
 –
  People's Party –
6
  Union Party
2
4
 G  Progress
2
 –
  Centre Party –
2
  Self-Government Party –
2
  Independent
1
 –
Total 19 14

Additional legislation and commencement

Tórshavn City Hall, where the first same-sex marriage in the Faroe Islands was performed on 6 September 2017.

The Faroese bill required amendments to Danish marriage law to be enacted by the Danish Parliament. A bill to this effect was introduced to the Danish Parliament on 8 February 2017,[35][36] and had its first reading on 28 February 2017.[37][38] The relevant parliamentary committee approved the bill on 4 April, and the second reading was held on 20 April 2017.[39][40] The bill passed its third and final reading on 25 April 2017 by a vote of 108–0 with 71 abstentions.[41] It received royal assent by Queen Margrethe II on 3 May 2017.[42][35][43] On 30 May 2017, the Løgting passed legislation exempting the Church of the Faroe Islands from the obligation to bless same-sex marriages by a vote of 18–14 with no abstentions.[44][45][46] Finally, a Danish royal decree formally necessary to give effect to the initial Løgting decision of 29 April 2016 was issued on 12 June 2017 and published on 16 June.[47] Same-sex marriages have been available from 1 July 2017, the date the law came into effect.[48]

The first same-sex wedding in the Faroe Islands was performed on 6 September 2017 at Tórshavn City Hall between British couple Leslie Travers and Richard McBride.[49][50]

Equal parentage legislation

In December 2021, the Løgting passed two bills by an 18–13 vote guaranteeing equal parentage rights to married same-sex couples, including on matters relating to parental leave.[51] Prime Minister Bárður á Steig Nielsen supported the bills, stating that "all parents should have the right to financial support".[52] The laws went into effect on 1 January 2022.[53][54]

Marriages in the Church of the Faroe Islands

Opposition from several members of the Løgting resulted in the Church of the Faroe Islands, the state church, being exempt from blessing or officiating at same-sex marriage ceremonies.[22]

Public opinion

A May 2013 Gallup survey found that 68% of Faroese people supported same-sex marriage, 27% were against and 5% were undecided.[55][56]

Another poll conducted in May 2014 found that regional divisions were significant in attitudes towards same-sex marriage, despite its overall results being similar to previous polls: 62% support, 28% opposition and 10% undecided. Support was lowest in Norðoyar and Eysturoy at 42% and 48% respectively, and highest in Suðurstreymoy, which contains the capital Tórshavn, at 76%.[57] According to a poll conducted in August 2014, 61% of respondents supported same-sex marriage, 32% were opposed and the remainder were undecided.[58]

A poll conducted by Gallup Føroyar in April 2016, requested by Kringvarp Føroya and Miðlahúsið, showed that 64% of respondents supported legalizing same-sex marriage. Support varied by age, with 79% of 18–24-year-olds being in favour, but only 53% of those aged 60 and above supporting.[59] The capital area, Suðurstreymoy, had the highest level of support at 79%, while opposition was strongest in Norðoyar and Eysturoy at 45% and 42% opposition respectively. A majority of voters from most political parties supported same-sex marriage: Progress voters at 89%, followed by Republic voters at 83%, 75% of Social Democratic voters and 62% of Self-Government Party voters. 50% of voters from both the Union Party and the People's Party also supported same-sex marriage. Centre Party voters were the only notable exception, with only 16% supporting same-sex marriage, while 84% were opposed.[60][61]

A poll conducted in September 2019 found that 71.1% of Faroese people were against repealing the same-sex marriage law, 16.3% were in favour and 12.6% were undecided. Support for same-sex marriage varied significantly by political party:[62] Republic voters (96% support and 3% opposition), Social Democrats (91% support and 3% opposition), Progress voters (77% support and 19% opposition), Union Party voters (67% support and 17% opposition), People's Party voters (46% support and 32% opposition), Self-Government voters (38% support and 36% opposition), and Centre Party voters (27% support and 52% opposition).

See also

References

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  2. ^ "Færøernes forhold til dansk lovgivning om registrerede partnere/ægtefæller af samme køn". LGBT Danmark (in Danish). 3 September 2013.
  3. ^ (in Faroese)51/2013 Uppskot til ríkislógartilmæli um at seta í gildi fyri Føroyar partar av broytingum í hjúnabandslógini og rættarvirknaðarlógini við tilhoyrandi skjølum
  4. ^ (in Faroese) 52/2013 Uppskot til ríkislógartilmæli um broyting í rættargangslógini fyri Føroyar
  5. ^ (in Faroese) 53/2013 Uppskot til ríkislógartilmæli um broyting í “Anordning om ikrafttræden for Færøerne af lov om ægteskabs indgåelse og opløsning”
  6. ^ (in Danish) Færøerne klar til homovielser – og så ikke alligevel
  7. ^ Faroe Islands: Equal marriage bill voted down
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  9. ^ (in Faroese) Løgtingssetan 2013 Mál: 52 Viðgerð: 2
  10. ^ (in Faroese) Løgtingssetan 2013 Mál: 53 Viðgerð: 2
  11. ^ Gay marriage in focus as Faroe Islands votes
  12. ^ Uppskot at broyta hjúnabandslógina latið tinginum
  13. ^ (in Faroese) 19/2015 Uppskot til rikislógartilmæli um at seta í gildi fyri Føroyar partar av broytingum í hjúnabandslógini og rættarvirknaðarlógini Archived 2018-10-02 at the Wayback Machine
  14. ^ (in Faroese) Dagsskráin 2015 – Týsdagur, 24. November 2015, kl. 10:00 Archived 2018-11-05 at the Wayback Machine
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  23. ^ Hjúnabandslógin til viðgerðar aftur týsdagin
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  44. ^ "Gerðabók" (in Faroese). Løgting. Archived from the original on 3 June 2017. Retrieved 2 June 2017.
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  46. ^ "Faroe Islands becomes 23rd country in the world to legalise gay marriage". LGBT Føroya. 30 May 2017. Archived from the original on 9 June 2017.
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  51. ^ "Parliament passes same-sex bills". KVF. 20 December 2021.
  52. ^ "Government torn on same-sex couples issue". KVF. 25 September 2021.
  53. ^ "LM-013/2021 : Uppskot til løgtingslóg um broyting í løgtingslóg um barsilsskipan (Barsilslógin) (Sammøður javnsettar við pápar)". Løgting (in Faroese). Retrieved 31 December 2022.
  54. ^ "Barsilslógin". Barsil.fo (in Faroese). Retrieved 31 December 2022.
  55. ^ Poll: 68% approve of equal marriage in the Faroe Islands
  56. ^ Large majority agrees with civil marriage for homosexuals
  57. ^ Norðoyingar og eysturoyingar ikki heilt sannførdir um borgarliga vígslu av samkyndum
  58. ^ Faroe Islands poll: 61% support same-sex marriage
  59. ^ Lindenskov, Eirikur (21 April 2016). "Greiður meiriluti í øllum aldursbólkum sigur »ja«" (in Faroese). in.fo. Retrieved 24 April 2016.
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  62. ^ "Spyr.fo: 71 prosent vilja varðveita hjúnabandslógina" (in Faroese). portal.fo. 7 September 2019. Retrieved 8 September 2019.
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