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31 Mar 2004

gay couples in UK may get joint rights

Gay couples in UK may get joint rights under a new Civil Partnerships Bill; in Massachusetts, out-of-staters may not be able to get married in the US state due to 1913 law.

Gay and lesbian couples in England and Wales will be given similar legal rights as married heterosexual couples under the new Civil Partnerships Bill.

A new Civil Partnerships Bill will give same-sex couples in England and Wales legal recognition for the first time under Government plans being unveiled on Wednesday, the BBC reported.

Couples who will have to register their commitment to each other in a civil ceremony will get income-related benefits rights, pension, next of kin rights in hospitals, recognition for immigration purposes, parental responsibility for children and property entitlements as well as exemption from testifying against each other in court.

Under the plans set out in the consultation paper, partners would also be obligated to support each other financially.

The Civil Partnership Scheme appeared to offer same-sex couples a document as close as possible to a marriage certificate but does not entitle the couples to a formal public marriage ceremony. The couple would however be able to sign a legally recognised document at a register office in front of the registrar and at least two witnesses. To dissolve the partnership, there will be a "formal, court-based process" which is almost identical to divorce proceedings.

Tory leader Michael Howard has indicated that he will give his MPs a free vote on the issue. Despite his ruling, several hardline Tories are expected to oppose the Bill.

The Government's proposals are based on schemes already operating in nine EU countries - Belgium, Denmark, Finland, France, Germany, the Netherlands, Portugal, Spain and Sweden.

London Mayor Ken Livingstone set up Britain's first register for gay couples in September 2001.

Meanwhile in the US state of Massachusetts, Attorney General Thomas F. Reilly said on Tuesday that Massachusetts marriage law will forbid same-sex couples from at least 38 other states to get married in the state after May 17, when same-sex marriage becomes legal.

He referred to a 1913 Massachusetts law prevents out-of-staters from getting married in the state if they are not eligible for marriage in their home state. The law was originally written to block interracial marriages, but has gained new relevance since the state's high court legalised gay marriages on Nov. 18.

On Monday, legislators approved a constitutional amendment that would ban gay marriages while legalising civil unions. If passed during the next two-year Legislative session, the measure would go before voters in November 2006.

The US' first state-sanctioned gay marriages are scheduled to begin in mid-May, as ordered by a November ruling of the state's Supreme Judicial Court.

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