Gay marriages legalised in Spain

The Spanish congress will pass two bills today on two major social issues: legalisation of marriage between homosexuals and divorce. Spanish MPs are debating both laws this morning, and will vote on them after each debate. Both are expected to receive a majority vote in favour, although the Popular and the Catalan CIU parties have announced their intention to vote against gay marriages.

1. New legislation to permit gay marriages in Spain

The bill proposed to legalise marriage between gays is brief and simply indicates the modification of a sentence in the 44th article of the Civil Code which states that marriage is an act carried out between "husband and wife". The government wants to change these last 3 words to "two partners".

Congress is expected to pass both laws, despite fierce opposition to the latter from religious circles. In a rare display of interfaith fraternity, the main religious groups in Spain (Catholic, Protestant, Jewish and Orthodox churches) have signed a joint document asking the Spanish parliament not to pass the law which would legalise marriage between gays. In the document the churches claim that heterosexual, monogamous marriage forms part of the Jewish-Christian tradition.

The new law is not expected to endear the Spanish socialist government to the new Pope, who is known to share his predecessor's rather conservative views regarding alternative religions and modern social issues.

2. New legislation regarding Divorce in Spain

Some changes have been made to this bill since the first proposal for reform was put forward by Spain's Socialist government. Whereas the first draft included a proposal to accept divorce applications just 10 days after a wedding, the new bill extends the minimum period to 3 months (still a big difference from the current one year minimum). Spanish citizens will no longer have to be legally separated before applying for divorce and for the first time ever the Spanish government will provide funds to cover monthly payments for children whose absent parents fail to pay them.

One of the most controversial aspects of the new divorce law is the right of judges to determine joint custody regardless of whether the parents agree or not. Until now custody has always gone automatically to the children's mother unless both ex-partners express their joint wish to share custody or the father is able to prove the mother to be unfit to care for her children.