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Äktenskap för par med samma kön Vigselfrågor - Regeringen

Äktenskap för par med samma kön Vigselfrågor - Regeringen

Äktenskap för par med samma kön Vigselfrågor - Regeringen

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Summary SOU 2007:17<br />

permit to conduct wedding ceremonies or would refrain from<br />

applying for such a permit. This would in reality mean a transition<br />

to mainly civil marriage ceremonies. As already mentioned, such a<br />

transition would in its turn lead to a number of practical difficulties.<br />

Nor should it, in my opinion, be a precondition for a religious<br />

community’s wedding permit that it allows weddings both for<br />

couples of different sexes and couples of the same sex. The reason<br />

stated regarding the obligation on religious communities’ officials<br />

to conduct wedding ceremonies is also relevant as regards an<br />

obligation on religious communities to offer wedding ceremonies.<br />

Consequently, no obligation to conduct wedding ceremonies should<br />

be imposed on either wedding ceremony officials within a religious<br />

denomination or on the communities.<br />

Since the task of conducting wedding ceremonies constitutes the<br />

exercise of official power, I propose that an express provision is included<br />

in ÄktB providing that the officials of a religious community<br />

are not liable to conduct wedding ceremonies.<br />

Civil wedding ceremonies<br />

The task of the courts to conduct wedding ceremonies. The assignment<br />

included adopting a position on who in the future should be<br />

entrusted with the task of conducting civil wedding ceremonies.<br />

The Government has, among other things, raised the issue of<br />

whether the power of legally qualified judges to conduct wedding<br />

ceremonies should be abolished. In the past few years extensive<br />

reform work has been underway to develop and modernise the<br />

judicial service. The judicial operation should as far as possible only<br />

be oriented towards the administration of justice. In my opinion,<br />

the conduct of wedding ceremonies is basically an administrative<br />

task without any adjudicative element, and is therefore generally<br />

viewed as being an anomalous operation for the courts. Nor does<br />

the task of a wedding ceremony official require the special competence<br />

that legally qualified judges have. It is thus in line with the<br />

general effort to streamline the courts and the business of the<br />

courts that wedding ceremony matters are no longer dealt with at<br />

court. The courts should consequently be released from the task of<br />

conducting wedding ceremonies.<br />

Who should conduct civil wedding ceremonies in the future? There<br />

are certain advantages of a system in which the Tax Agency becomes<br />

44

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