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Same-sex marriage in Norway

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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 Norway since 1 January 2009 when a gender-neutral marriage law came into force after being passed by the Storting in June 2008. Norway was the first Scandinavian country, the fourth in Europe, and the sixth in the world to legalize same-sex marriage, after the Netherlands, Belgium, Spain, Canada and South Africa. Polling suggests that a majority of Norwegians support the legal recognition of same-sex marriage,[1] and in 2024 Norway was named the best marriage destination for same-sex couples by a British wedding planning website.[2]

From 1993 to 2008, Norway allowed same-sex couples to enter into registered partnerships, which provided virtually all the protections, responsibilities and benefits of marriage. Norway was the second country in the world to provide some form of recognition to same-sex couples, after Denmark.

Registered partnerships

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Legislative action

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Norway introduced same-sex registered partnerships on 1 August 1993.[3][4] The law was introduced to the Storting on 11 January 1993 by the Ministry of Children and Family Affairs. It passed the lower house on 29 March, and the upper house on 1 April. King Harald V of Norway gave his royal assent on 30 April, and the law took effect on 1 August. Norway was the second country in the world to provide some form of recognition to same-sex couples, after Denmark which implemented a registered partnership law in 1989. Registered partnerships are known in Norwegian as registrert partnerskap (pronounced [rɛɡɪˈstreːʈ ˈpɑ̀ːʈnəʂkɑp]),[5] and in Northern Sami as registrerejuvvon párragaskavuohta (pronounced [ˈrekiːstrereˌjuvvon ˈpʰaːrraˌkasːkaˌvuo̯hta]).[a]

Registered partnerships were granted virtually all the protections, responsibilities and benefits of marriage, including arrangements for the breakdown of the relationship.[3][4] Initially, the partnership law stated that registered partners could not adopt, and that only married couples or opposite-sex cohabiting couples could access artificial insemination. In June 2001, however, the Storting approved a bill allowing registered partners to adopt their partner's children (i.e. stepchild adoption).[8] The amendment took effect on 1 January 2002.[3][4][9] One of the more notable people to enter into a registered partnership was Finance Minister Per-Kristian Foss in 2002.[10][11]

On 1 January 2009, the ability to enter into a registered partnership was closed off. Couples may retain their status as registered partners or convert their union into a marriage.

Statistics

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From 1993 to 2008, 1,485 partnerships between men and 1,233 partnerships between women were registered in Norway.[12]

Same-sex marriage

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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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A bill was proposed on 18 November 2004 by two MPs from the Socialist Left Party to abolish the existing registered partnership law, and make the marriage law gender-neutral. The move was withdrawn and replaced by a request that the cabinet further investigate the issue. The Conservative cabinet of that time did not look into the issue. However, the Stoltenberg's Second Cabinet announced a common, unified marriage act as part of its foundation document, the Declaration of Soria Moria. A public hearing was opened on 16 May 2007.[13]

On 14 March 2008, the Norwegian Government proposed a marriage bill that would give lesbian and gay couples the same rights as heterosexuals, including church weddings (although the law does not oblige any religious community to marry same-sex couples), full joint adoption rights and access to fertility treatments. The new legislation would amend the definition of civil marriage to make it gender-neutral.[14][15] On 29 May, the Associated Press reported that two Norwegian opposition parties (the Liberal Party and the Conservative Party) had come out in favour of the new bill, assuring its passage at the vote on 11 June 2008. Prior to this, there were some disagreements with members of the three-party governing coalition on whether the bill had enough votes to pass.[16] On 11 June, the lower house (Odelsting) approved the legislation by 84 votes to 41.[17][18][19][20] Norway's upper house (Lagting) passed the bill with a 23–17 vote on 17 June. The King of Norway, Harald V, granted royal assent on 27 June 2008, and the law took effect on 1 January 2009.[21] In addition to providing a gender-neutral definition of marriage, the law states that when a woman who is married to another woman becomes pregnant through artificial insemination, the other partner will have all the rights of parenthood "from the moment of conception".

The first same-sex couple to marry in Norway were Anfinn Bernaas and August Ringmann, who had been together for 25 years, at the Oslo Courthouse on 2 January 2009.[22] Article 1 of the Marriage Act (Norwegian: Ekteskapsloven; Northern Sami: Náittosláhka)[b] was amended to read: Two persons of the opposite or of the same sex can enter into marriage.[c]

Royal same-sex weddings

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In November 2021, Guri Varpe, the Royal Palace's communications manager, confirmed that members of the royal family may enter into a same-sex marriage without having to forfeit the crown or lose their royal titles and privileges or their place in the line of succession. "The heir to the throne can marry whoever she or he wants. The marriage must be approved by the King [or Queen] in accordance with Article 36 of the Constitution. The heir to the throne's orientation is not mentioned in the Constitution's provisions on the throne, and the Constitution does not provide any legal guidelines for who the heir to the throne can marry", said Varpe.[24]

Statistics

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From 2009 to 2015, an average of 270 same-sex marriages took place per year, compared to an average of 127 registered partnerships from 1993 to 2008. 754 partnerships were converted into marriages in the first three years of same-sex marriage being legal. Female couples were more likely to adopt children than male couples, as about 30% of married lesbian couples had children, compared to 72% of married straight couples and 3% of married male couples.[25]

By the end of 2023, 4,570 same-sex marriages had been performed in Norway.[26] Figures for 2020 and 2021 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.

Number of marriages and divorces in Norway[27][28][29]
Year Same-sex marriages Total marriages Same-sex divorces Total divorces
Female Male Total Female Male Total
2009[30] 178 105 283 24,582 0 0 0 10,235
2010[31] 167 97 264 23,577 3 1 4 10,228
2011[32] 166 93 259 23,135 15 4 19 10,207
2012[33] 167 102 269 24,346 17 6 23 9,929
2013[34] 162 90 252 23,410 37 19 56 9,736
2014[35] 163 106 269 22,887 38 12 50 9,556
2015[36] 187 113 300 22,738 50 18 68 9,306
2016[37] 157 121 278 22,537 57 21 78 9,345
2017[38] 214 119 333 22,111 70 21 91 9,848
2018[39] 192 139 331 20,949 55 25 80 9,545
2019[40] 222 109 331 19,855 75 36 111 9,609
2020[41] 155 92 247 16,151 69 40 109 9,355
2021[42] 202 94 296 16,050 70 34 104 8,893
2022[43] 261 173 434 20,769 63 28 91 8,204
2023[44] 258 166 424 19,988 85 44 129 8,513

Religious performance

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In 1781, Jens Andersson, assigned female at birth but identifying as male, and Anne Kristine Mortensdotter were married in a Lutheran church in Strømsø, Drammen. The priest later discovered that Andersson, born Marie Andersdotter, was in fact a biological female. After examination, Andersson was imprisoned, but later released after the death of Mortensdotter.[45]

In 2014, the National Council of the Church of Norway rejected a proposal to perform same-sex marriages.[46] In 2015, the Church of Norway reversed itself, voting to allow same-sex marriages to take place in its churches.[47] The decision was ratified at the annual conference on 11 April 2016.[48][49][50] The church formally amended its marriage liturgy on 30 January 2017, replacing references to "bride and groom" with gender-neutral text.[51] A same-sex couple, Kjell Frølich Benjaminsen and Erik Skjelnæs, were immediately married at the Eidskog Church in Matrand the moment the changes came into effect on 1 February 2017.[52]

Other smaller religious organisations also bless or perform same-sex marriages, including Åsatrufellesskapet Bifrost, which has been conducting same-sex weddings since 2009,[53] and the United Methodist Church in Norway since 2023.[54][55] The Evangelical Lutheran Free Church of Norway opposes same-sex marriage and cohabitation.[56] The Catholic Church does not perform same-sex marriages in their places of worship. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[57] Bishop of Oslo Bernt Ivar Eidsvig released a statement on 20 December that "the doctrine of marriage is maintained, but it opens the door for priests to provide pastoral care for gay people."[58]

Public opinion

[edit]

Five different polls conducted by Gallup Europe, Sentio, Synovate MMI, Norstat and YouGov in 2003, 2005, 2007, 2008, 2012 and 2013 concluded that 61%, 63%, 66%, 58%, 70% and 78%, respectively, of the Norwegian population supported a gender-neutral marriage law.[59][60][61][62]

A 2007 Ipsos MMI poll showed that 61% of Norwegians supported same-sex marriage, and 42% personally knew a gay person. This represented a large increase compared to 1998, when the numbers were 25% and 12% respectively.[63]

A Pew Research Center poll, conducted between April and August 2017 and published in May 2018, showed that 72% of Norwegians supported same-sex marriage, 19% were opposed and 9% did not know or had refused to answer.[64] When divided by religion, 83% of religiously unaffiliated people, 72% of non-practicing Christians and 42% of church-attending Christians supported same-sex marriage.[1] Opposition was 14% among 18–34-year-olds.[65]

See also

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Notes

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  1. ^ Lule Sami: registardum guojmmevuohta;[6] Southern Sami: tjaalasovveme guejmievoete;[7] Kven: registreerattu parriisuhđet; Romani: registralime partnerimo
  2. ^ Lule Sami: Gállasjvuohtaláhka;[6] Southern Sami: Ektievoetelaake;[7] Kven: Naittustilalääki;[23] Romani: Solaxarimasko
  3. ^ Norwegian: To personer av motsatt eller samme kjønn kan inngå ekteskap.

References

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  2. ^ Gabriella, Ferlita. "This list shows the best countries for LGBTQ+ weddings, and the UK doesn't even make the top 10". PinkNews. Retrieved 13 March 2024.
  3. ^ a b c Asland, John; Waaldijk, Kees. "Major legal consequences of marriage, cohabitation and registered partnership for different-sex and same-sex partners in Norway" (PDF). INED. Archived (PDF) from the original on 29 November 2014. Retrieved 12 December 2015.
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  5. ^ "Registrert partnerskap" (PDF). Government of Norway (in Norwegian). Archived from the original (PDF) on 18 November 2023. Retrieved 2 May 2024.
  6. ^ a b "Sjiervveneutrála gállasjvuoda ja fiesstim". Regeringskansliet (in Lule Sami). 29 November 2010. Archived from the original on 22 August 2019. Retrieved 22 August 2019.
  7. ^ a b "Köneneutraleles pruvres-ektievoete jïh vigsele". Regeringskansliet (in Southern Sami). 29 November 2010. Archived from the original on 22 August 2019. Retrieved 22 August 2019.
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  47. ^ Wee, Darren (2 November 2015). "Norway bishops open doors to gay church weddings". Gay Star News. Archived from the original on 10 June 2020. Retrieved 10 June 2020.
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