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Äktenskap för par med samma kön Vigselfrågor - Regeringen

Äktenskap för par med samma kön Vigselfrågor - Regeringen

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SOU 2007:17 Summary<br />

The perspective of the child. In my opinion, the perspective of the<br />

child does not give any real guidance either as regards adopting a<br />

position on whether it should be possible for homosexual people to<br />

get married to each other. For children it can be assu<strong>med</strong> that the<br />

most important aspect is that their relationship with their <strong>par</strong>ents<br />

is good and secure, regardless of the sex of their <strong>par</strong>ents and the<br />

legal form of cohabitation chosen by their <strong>par</strong>ents. Also, if the<br />

situation should be such, as asserted in the public debate, that<br />

marriage provides children with greater security, one must pose the<br />

question why children in families where <strong>par</strong>ents are of the same sex<br />

should not be regarded as on a <strong>par</strong> with children of married heterosexual<br />

<strong>par</strong>ents.<br />

Other constellations of cohabitation. Fears have also been expressed<br />

that marriage would be diluted if homosexual persons were allowed<br />

to get married to each other and that other constellations of<br />

cohabitation would in time possibly be included in marriage. It is<br />

of course not possible to give any firm answer to the question<br />

whether introducing the ability for homosexual people to get married<br />

would have any impact on the frequency of marriage between<br />

heterosexuals. However, it may be said that such a reform would<br />

not automatically need to result in other constellations of cohabitation<br />

having to be included. Ultimately, this is an issue for the<br />

legislator, but if such a step were to come into question at any time<br />

in the future, it would in my opinion entail a greater deviation from<br />

the prevailing trend than would marriage for couples of the same<br />

sex.<br />

The need for statutory amendments. One issue that also needs to<br />

be answered is whether a statutory amendment is really necessary,<br />

since the legal effects of marriage do not significantly differ from<br />

those accompanying registered <strong>par</strong>tnership. This may of course be<br />

viewed as an argument against a statutory amendment. However,<br />

my assessment is that, from several different perspectives, there is<br />

reason to have common legislation for homosexual and heterosexual<br />

persons who wish to manifest the relationships they have<br />

established. A statutory amendment would also be in harmony with<br />

what may now be considered to represent the opinion of many<br />

people.<br />

International complications. Finally, there is of course a problem<br />

as regards the objection advanced from various quarters, namely<br />

that the international private and procedural law system of rules is<br />

not adapted to marriage other than that entered into between a<br />

35

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