The Cali Garmo

goes Gay

European Parliament Votes on European Gay Rights

By gay , Published on Thu 15 January 2009
Category: International

The European Parliament brought the LGBT community one step closer to being equal to our heterosexual counterpart yesterday when they voted for extending marriage rights. The bill allows a marriage in one country to be recognized in another country.

With 401 votes for, 220 votes against, and 67 votes abstaining, the measure ended up passing. Called the 'Situation of fundamental rights in the European Union 2004-2008' the vote had many sections on basic human rights. Halfway through the document came in the rights for sexual orientation which read as follows:

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71.   Takes the view that discriminatory comments against homosexuals by religious, social and political leaders fuel hatred and violence, and calls on the relevant governing bodies to condemn them;

72.   In this regard, wholeheartedly endorses the French initiative, which is supported by all the Member States, for the universal decriminalisation of homosexuality, as in 91 countries homosexuality is still a criminal offence, and in some cases even a capital offence;

73.   Welcomes the publication of the first thematic report by the Agency, drawn up at Parliament's request, on "homophobia and discrimination on grounds of sexual orientation in the EU Member States" and asks the Member States and EU institutions to urgently follow the Agency's recommendations or state their reasons for not doing so;

74.   Reminds all Member States that, in line with ECtHR case-law, freedom of assembly may be exercised even if the opinions of those exercising that right go against the majority, and that, accordingly, a discriminatory ban on marches and any failure to meet the requirement to give appropriate protection to those taking part breach the principles guaranteed by the ECtHR, by Article 6 of the EU Treaty on common EU values and principles, and by the Charter;

75.   Calls on those Member States who have adopted legislation on same-sex partnerships to recognise provisions with similar effects adopted by other Member States; calls on those Member States to propose guidelines for mutual recognition of existing legislation between Member States in order to guarantee that the right of free movement within the European Union for same-sex couples applies under conditions equal to those applicable to heterosexual couples;

76.   Urges the Commission to submit proposals ensuring that Member States apply the principle of mutual recognition for homosexual couples, whether they are married or living in a registered civil partnership, in particular when they are exercising their right to free movement under EU law;

77.   Calls on those Member States who have not yet done so, and in application of the principle of equality, to take legislative action to overcome the discrimination experienced by some couples on the grounds of their sexual orientation;

78.   Calls on the Commission to make sure that Member States grant asylum to persons fleeing from persecution on the grounds of their sexual orientation in their country of origin, to take initiatives at the bilateral and multilateral level to stop the persecutions of persons on the basis of their sexual orientation, and to launch a study on the situation of trans-sexual people in the Member States and candidate countries, with regard inter alia to the risk of harassment and violence;

Although it still needs to be signed into law, it is one huge step forward in our rights.