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He can make all men very much satisfied with his body. In , a bill was introduced in Federal Parliament to provide for a legal framework of "cohabitation agreements". It was mostly intended as a response to the lowering marriage rates, rather than giving rights to same-sex couples.
The Chamber of Representatives approved it by a 98—10 vote with 32 abstentions and the Senate by a 39—8 vote with 19 abstentions. The Act establishing statutory cohabitation , [a] also known as the Act of 23 November , gives limited rights to registered same-sex and opposite-sex couples by amending certain provisions of the Belgian Civil Code and the Belgian Judicial Code.
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However, being a couple is not a requirement to make a declaration of statutory cohabitation; relatives can do so too. The law was legally published on 12 January but would not go into effect until 1 January see below. From to , , people had reported being in a statutory cohabitation. In , same-sex couples made up 3. In , 40, new unions were established compared to 44, marriages and 26, unions were dissolved compared to 22, divorces. In the late s, gay rights organisations in Belgium lobbied for the legalization of same-sex marriage.
Belgian civil law did not explicitly require that two people be of opposite gender to be able to marry, as this was considered self-evident. Private member's bills in the s by Flemish Block senators to add this as an explicit requirement were never considered. The new Verhofstadt I Government was formed, which was notably made up of a coalition of liberal, socialist and green parties and excluded the long-dominant Christian Democrats, who lost the elections due to the Dioxin Affair.
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The coalition agreement included "implementing a full legal partnership scheme" as well as "immediately making the Act of 23 November enter into force", which had not been done yet. At that point, the only remaining party in government that opposed same-sex marriage was the French-speaking liberal PRL later merged into MR , mainly because it was opposed to adoption rights for same-sex couples.
PRL agreed not to block same-sex marriage if adoption rights were excluded. As the first same-sex marriage in the Netherlands was performed on 1 April , the Belgian Government, mostly under the lead of Minister of Health Magda Aelvoet Agalev , began considering it as well.
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On 30 November , however, the Council of State gave a negative legal opinion on the bill, saying that "marriage is defined as the union of a man and a woman". As Minister Aelvoet resigned on 28 August and elections were to be held in June , the fate of the bill was unclear. Some politicians also accused Philippe Monfils MR of deliberately stalling the bill. The Senate Justice Committee held hearings and voted 11—4 to approve the bill.
It passed in the full Senate on 28 November , with 46 votes to 15 and 4 abstentions , and on 30 January the bill passed the Chamber of Representatives by 91 votes to 22 and 9 abstentions. The first female couple married on 6 June and the first male couple on 13 June , both in Kapellen near Antwerp. In November , opponents of same-sex marriage petitioned the Arbitration Court to invalidate the law as unconstitutional.
Their main argument held that treating fundamentally different situations the same way violates the equality principle of the Constitution. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions. A circulaire by Minister of Justice Laurette Onkelinx PS of 23 January , however, permits any couple to marry in Belgium if at least one of the spouses has lived in the country for a minimum of three months.
This was codified into the Code of Private International Law, [b] which took effect on 1 October The same-sex marriage law did not permit adoption by same-sex partners , and as birth within a same-sex marriage did not imply affiliation, the same-sex spouse of the biological parent had no way to become the legal parent.
A proposal to permit adoption was approved 77—62 with 7 abstentions by the Chamber of Representatives on 1 December , [22] [23] and 34—33 with 2 abstentions by the Senate on 20 April A legal inequality compared to heterosexual couples still existed with regards to children: the husband of the biological mother is automatically legally recognised as the father by article of the Civil Code , but this was not the case in a same-sex couple for the wife of the mother. To be recognised as the co-mother, she had to complete an adoption procedure.
This accounted for the large majority of adoption cases in Belgium. The Di Rupo Government promised to fix this, and in , as the Netherlands had recently passed similar legislation, LGBT organisations pressured the government about their promise. Subsequently, legislators worked to agree on a solution.
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