From: steff@inet.uni-c.dk
Date: Sun, 11 Aug 1996 18:41:24 +0200

BELGIAN RESPONSE TO PARTNERSHIP PROPOSAL 

Translated by Alan Reekie from The Flemish Liberal-Democrats
oppose "civil partnership registration" (by Christian Laporte,
in "Le Soir", Brussels, 20 June 1996)

Will the "register of civil partnership" for same-sex or
different-sex couples [in Belgium] who do not wish or are unable
to get married, and thus the contracts that could provide the
legal basis for registration, be condemned even before they have
been defined by law?  You may think so according to the stand
taken by the VLD (the [right-wing] Flemish Liberal Democratic
Party) which, contrary to what might be expected, has just
rejected the principle of such contracts while pleading in
favour of marriage.

Some people may think that this is a gesture towards the CVP
[Flemish Christian Social party] and its new president, Mark van
Peel, - who has expressed his opposition to these contracts,
even though he is a member of the political coalition holding a
majority of seats in the Antwerp city council which voted to set
up a register - perhaps in the hope of a possible creation of
new party alliances, but Hermann de Croo denies any such
suggestions: "Our position was established several weeks ago,
but we delayed announcing it until now out of respect for Johan
van Hecke after he resigned. So you can't say that we are
following suit with the CVP, even if it is our opinion that
marriage between a man and a woman should form the cornerstone
of social life."

The Flemish "blues" [from the traditional colour of the VLD]
will not, however, go so far as to say that, in the words of a
recent statement by the Church authorities (including
Monseigneur Leonard, in an extraordinary "parents, I love you"),
"[marriage] is in practice absolutely indissoluble" (to the
point of telling divorced persons who have remarried to abstain
from sexual intercourse if they wish to remain communicants!).
The VLD says that it is aware that marriages frequently fail one
in three of them does - and that is why the party wants to
facilitate the procedures for separation.  Not so that those
concerned may be libertines, of course, but only to put the
arrangements for "voluntarily terminating" a marriage on the
same basis as those for entering into one.

The VLD considers that the freedom with which one can choose
one's husband or wife should provide the model in the event that
the marriage breaks down. The procedures for separation should
be simplified. The judge should do no more than establish that
the marriage has failed, and no longer investigate who is
responsible for the failure, because - according to the party
that has resulted in too many human dramas. Any children could
be at the center of concern and be assisted [financially] by
whichever parent is better-off.

The VLD seeks to eliminate the discrimination that the "other"
couples or those who don't want to marry are subject to.  More
in practical terms than purely symbolically: "-  What's the use
of fighting for symbols?" continued Hermann de Croo. "In
Antwerp, where the media made a great fuss (about the new
register) only four applications for registrations have so far
been made.  Nevertheless,  there is a need to get rid of all the
legal provisions that create so many obstacles for such couples.
We are willing to participate in the initiatives for reforming
the law on taxation, social security and everything concerning
joint property contracts- rental agreements, transfer of title,
liability for debts etc.  "

In order to show that these are not empty promises, the VLD
group will table a Bill on inheritance taxes that would put
unmarried couples on the same footing as married ones provide
the former can produce an official certificate... from a
register... showing that the partners have been living together
for a total period of at least three years.

In the same context, the VLD also expressed its opposition to
the anti-discrimination Bill tabled by the Members of Parliament
Landuyt (Flemish Socialist Party) and Willems (CVP). In the
opinion of the VLD's expert, Hugo Coveliers, such legislation
would  be the "thin end of the wedge" towards criminalising
certain thoughts or beliefs. As an example, he suggested that
under such a law a bishop who expressed opposition to the
consecration of women to the priesthood in a pastoral letter
might find himself in jail for [inciting] sexual discrimination.

The "Contract for living togther" in the Chamber
To become united without getting married; that is what the Bill
tabled by the French-speaking Socialist Serge Moreaux and
supported by the members Decroly and Lozie (from the
Frenchspeaking and Flemish green parties) and Maingain (from the
PRL-FDF party) envisages. This Bill, which is intended to grant
couples who do not wish to marry access to the same rights
(notably concerning inheritance, property and presence in
Belgium for non-EU citizens) as those who do, will be debated in
the Chamber of Deputies' Justice Committee starting on 3 July
1996.  It is likely that the discussions will be lengthy,
because opinions in the Christian-Social party are divided on
the recognition of a form of union other than marriage.

(Published in EuroLetter 43)