Parts of this summary have been excerpted from texts originally published by the International Gay and Lesbian Human Rights Commission (IGLHRC) and Lambda Legal Defense and Education Fund Marriage Project.

Argentina

In 1997, legislation was passed allowing gays and lesbians to claim a widow�s or widower�s pension. In 1998, a union-run health care program for teachers and flight attendants was extended to include health coverage for domestic partners. Also in 1998, a court recognized the common-law marriage of a homosexual couple. The ruling�the first of its kind in Argentina�grants health benefits to the same-sex partner. (A common-law marriage is a marriage recognized in some jurisdictions and based on the parties� agreement to consider themselves married and sometimes also on their cohabitation).

Brazil

Surveys in the Brazilian state capitals of Salvador, Curitiba, and Aracaju found that 60 to 80 percent of Brazilians believe gays must have the same rights as heterosexuals and 50 to 65 percent think gay couples should be able to get married. At least 73 Brazilian cities and towns�including Sao Paulo, Rio de Janeiro, and Brasilia�ban discrimination based on sexual orientation. Legislation to create civil-union contracts for same-sex couples was introduced nationally by Worker�s Party Deputy Marta Suplicy in 1995. In 1998, the Brazilian High Court decided to grant property rights to surviving partners in same-sex relationships. Business man Milton Alves Pedrosa won by unanimous decision of the Brazilian High Court the right to half of the estate of his partner, who died of AIDS in 1989.

Canada

In 1996, the Canadian government extended health, relocation, and other job benefits to the same-sex partners of federal employees. During the same year, the Ontario Court of Appeal ruled that same-sex couples must be treated as common-law couples under the Family Law Act. (Common-law refers to marriages recognized in some jurisdictions and based on the parties� agreement to consider themselves married and sometimes also on their cohabitation). In 1997, legislation recognized gay and lesbian couples as legal spouses for purposes of child custody and adoption. In 1999, the Canadian Supreme Court ruled 8-1 that where protections are provided to �spouses,� they must be available to same-sex couples. While the Canadian federal and provincial governments will now have to rewrite laws to include same-sex couples, the Court did not yet address the freedom to marry itself, as that was not presented in the case. A poll subsequent to the decision found that a strong majority, 53%, of the Canadian public across provincial and demographic lines supports gay people�s freedom to marry.

Denmark (including Greenland)

In 1989, Denmark became the first country to legalize same-sex unions and has since provided a model to other Scandinavian states. By the end of 1991 about 1000 such unions had taken place; 3000 by then end of 1995. Registered Partnership, as it is called, brings many of the rights associated with marriage, including those of property, inheritance, immigration, taxation, and social security. Although the ceremony creates a legal bond enforceable by law, it is not the same as marriage between men and women�gay/lesbian couples are not granted access to adoption, artificial insemination, in-vitro fertilization, or church weddings. Also one partner must be a citizen of Denmark.

France

In 1999, French lawmakers passed domestic partnership legislation that treats unmarried couples the same as married couples. The French National Assembly voted 315-249 for the Civil Solidarity Pact, first introduced in 1998 by the Socialist majority. The new measure gives unmarried couples about the same financial, property, and social welfare benefits awarded married couples. Immigration, inheritance, and taxation benefits are included, but adoption rights are not. Couples began registering Jan. 1, 2000. The French government estimates the law will affect about 4.4 million unmarried heterosexual couples, but makes no guess as to the number of same-sex couples that will benefit.

Hungary

In an odd legal decision, the Hungarian Constitutional Court legalized �common-law� gay marriage on March 8, 1995. (A couple that lives together permanently and has sex is considered married under common law). The court said a law limiting common-law marriages to �those formed between adult men and women� was unconstitutional. �It is arbitrary and contrary to human dignity ... that the law withholds recognition from couples living in an economic and emotional union simply because they are same-sex,� the court wrote. The justices ordered parliament to make the changes necessary to implement common-law gay marriage in 1996. The oddity was that the court also ruled that formal, civil marriages are for heterosexual couples only. �Despite growing acceptance of homosexuality (and) changes in the traditional definition of a family, there is no reason to change the law on (civil) marriages�. This ruling was the result of a legal action by the leading Hungarian gay group, Homeros. Hungary�s Cohabitation law provides all marital rights to same-sex couples except for access to adoption.

Iceland

The Alltinget [Parliament] created a gay rights commission that recommended in 1994 to legalize gay/lesbian marriage, criminalize discrimination against gays, and substantially increase education about gays in schools. In 1996, Iceland created a Registered Partnership based on the 1989 Danish legislation. Registered Partnership brings many of the rights associated with marriage, including those of property, inheritance, immigration, taxation, and social security. Although the ceremony creates a legal bond enforceable by law, it is not the same as marriage between men and women�gay/lesbian couples were not granted access to artificial insemination, in-vitro fertilization, or church weddings. Also one partner must be a citizen of Iceland. One significant difference between the Icelandic law and Denmark�s legislation is that Iceland�s registered partners are able to adopt children, but only if biologically related to one of the partners.

Netherlands

A 1995 report indicated that over 90 Dutch towns had registries for the unions of same-sex couples. Gays in some professions, including civil service, health care, and education, as well as employees of the airline KLM, have been receiving spousal benefits since before that time. In 1998, the Netherlands passed the Partner Registration Act, which grants both same-sex and different sex couples most rights and duties of matrimony, except access to adoption. At the beginning of 1999, bills were introduced that would open up full civil marriage to persons of the same-sex, allow adoption of children by same-sex couples, and eliminate discrimination in artificial insemination. A four-year process of Parliamentary debate is expected before the proposals become law. If they pass, the Netherlands will likely be the first nation to open marriage�not some related legal union�to same-sex couples.

Norway

Norway became the second country to make gay and lesbian unions legal in 1993. The legislation passed the Odelsting chamber of the Norwegian parliament by a vote of 58-40 on March 29 and the Lagting chamber by a vote of 18-16 on April 1. Registered Partnership, as it is called, brings many of the rights associated with marriage, including those of property, inheritance, immigration, taxation, and social security. Although the ceremony creates a legal bond enforceable by law, it is not the same as marriage between men and women�gay/lesbian couples are not granted access to adoption, artificial insemination, in-vitro fertilization, or church weddings. Also one partner must be a citizen of Norway. A statement from the Ministry of Children and Family Affairs was released following the legislation: �Regardless of

the accepted attitude towards the institution of marriage as a bearing element in society, it should be possible to regulate the practical sides of a homosexual relationship without thereby putting marriage and homosexual partnerships on an equal footing.�

South Africa

On May 8, 1996, South Africa became the first country in the world to constitutionally prohibit discrimination based on sexual orientation. In 1997, South Africa�s ruling party, the African National Congress, passed a wide-ranging resolution on gay and lesbian equality, including a call for Parliament to legalize same-sex marriage. In a related decision, a court ruled that a woman may name her female partner as a �dependent� for purposes of receiving medical aid even though that term had been defined as including only spouses. Archbishop Desmond Tutu has called discrimination against lesbians and gay men the moral equivalent of apartheid, and declared lesbian and gay equality as the world�s next moral goal.

Spain

After decades of repression under the Franco regime, Spain�s gay culture has seen a massive upsurge since the late 1970s. In 1995 it was reported that roughly 30 Spanish cities registered �civil� same-sex unions, including Barcelona, Cordoba, Granada, Ibiza, Toledo, and Valencia (which has a regional law). In 1998, domestic partnership legislation for both same-sex and different sex couples was passed. The new law provides inheritance and pension rights, job benefits, and rights for public employees. It does not, however, provide adoption rights for same-sex couples or shared social security or immigration rights.

Sweden