Äktenskap för par med samma kön Vigselfrågor - Regeringen

SOU 2007:17 Summary
apply to couples of different sex. The foreign forms of cohabitation
that are to be recognised in Sweden should, however, have basically
the same legal effects as a marriage in the country in question. The
reservation should also be made that my proposal only relates to
the relevant parts of other laws and enactments because an interpretation
of convention-based legislation may result in the legislation
not being deemed to relate to cohabitation between people of
the same sex, and scope should be provided for a conventionfriendly
interpretation.
I propose that a general rule be introduced in IÄL with this content.
How will Swedish marriage for couples of the same sex be treated
abroad? Marriage between spouses of the same sex that has been
concluded according to Swedish law will probably have legal effects
in certain countries but not in others. It may be assumed that those
countries that have implemented corresponding legislation will respect
a marriage entered into in Sweden. I have also drawn the conclusion
that countries with legislation corresponding to our rules
on registered partnership may possibly recognise marriage as a legal
institution and in that event apply their national rules on the legal
effects of a partnership-like form of cohabitation. Other countries
may distance themselves from marriage for couples of the same sex
to a greater or lesser extent.
The formalities for entering into marriage
Current system
Marriage can be entered into by a religious wedding ceremony
within a religious community or a civil wedding ceremony. In the
former case, the ceremony is conducted by a priest within the
Church of Sweden or an official from another religious community
that has been empowered to perform wedding ceremonies. It is
also necessary for the official of the religious community to have
been granted authorisation to officiate at weddings. The Kammarkollegiet
(Swedish Legal, Financial and Administrative Services
Agency) determines issues concerning the right to officiate at
wedding ceremonies for religious communities other than the
Church of Sweden and concerning authorisation for their officials.
Authorisation for priests of the Church of Sweden to conduct
wedding ceremonies ensues directly from a provision contained in
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