Spain's gay marriage law hits first snag
July 07, 2005
MADRID, Spain — Gay marriage in Spain has yet to be legal a week and already the new law has hit its first snag. The Guardian Unlimited reported this week that a court ruled a Spanish man can't wed his Indian partner because India does not allow same-sex marriage.
The Supreme Court of Justice of Catalonia cited an article in the Spanish civil code which says foreign residents seeking to wed Spaniards are bound by the laws of the country where they have citizenship. The Indian man is resident of Spain but holds an Indian passport.
The dispute erupted just six days after Spain's parliament made the country the third in the world to legalize gay marriage, behind the Netherlands and Belgium. A decision in Canada is pending until later this month.
The court's comments, released in a statement prompted by media inquiries, suggest that for the time being, gay Spaniards seeking to marry foreigners can only do so with people from the Netherlands and Belgium. The Spanish Justice Ministry did not return calls from European press seeking comment.
The Indian man, identified in news reports as Vipul Dutt, 33, went to a judge in the Barcelona-area village of Canet de Mar with his partner, 45-year-old Spaniard Enric Baucells, seeking to file papers that will allow them to get married.
Their lawyer, Jose Maria Ortiz, told the newspaper El Periodico that the judge informed them he could not marry them because Dutt is from India, which doesn't allow same-sex marriage.
The court said that the couple can appeal to a Justice Ministry department that oversees Spain's civil registries. – Gay Link Content
Spain legalizes gay marriage [05/07/2005]