Äktenskap för par med samma kön Vigselfrågor - Regeringen

SOU 2007:17 Summary
around them. With these points of departure there is consequently
no reason for making any distinction between homosexual and
heterosexual persons as regards the opportunities to be able to enter
into marriage.
The meaning of marriage. Marriage has long been deemed to be a
social institution for cohabitation between a man and a woman, and
this definition of marriage is deeply rooted in society, both here in
Sweden and abroad. It also corresponds with the fundamental view
of marriage by religious communities as an institution although the
perception of religious communities on the specific implications of
marriage may differ here. However, a particular perception or
definition of a social phenomenon cannot last forever even if it has
very deep roots. Social progress advances and new values and
opinions might also have to be given scope when it is a matter of
fundamental opinions. The view of society on homosexuality is one
example of such a shift in opinion and in various areas attempts
have been made to eliminate former disfavourable treatment of
homosexuals and to counteract discrimination. This has, among
other things, been expressed in the basic principles laid down in
Chapter 1, Section 2 of the Swedish Constitution, where it is stated
that society should counteract discrimination on the basis of,
among other things, sexual orientation. The fact that marriage is
not open to couples of the same sex will not, either according to
the Constitution or the European Convention, amount to discrimination
as such on the basis of sexual orientation, but it nonetheless
implies a kind of special disfavourable treatment.
In my opinion, the traditional significance of marriage as a
heterosexual relationship cannot determine whether marriage should
also be opened up to couples of the same sex. The legislator must
be at liberty to define marriage so that it corresponds to prevailing
opinion. For the parties themselves to be allowed to decide about
whom they wish to marry, without some kinds of couple being
excluded from marriage, may also be considered to fall more
closely in line with the neutrality expressed by the Marriage Code
(ÄktB) as regards the position spouses care to adopt in relation to
each other.
The term ‘marriage’. The reference group, with representatives
from religious communities, has objected to the term ‘marriage’
being used in legislation that applies both to couples of different
sex and couples of the same sex. Another legal term should be used
instead since for religious communities ‘marriage’ is an emotive term,
33