Spanish Gay Marriage Law - 2 Men Cant Wed!

[Lee]

MADRID, Spain -- Spain's new gay marriage law hit its first snag Wednesday as a court said 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 that says foreign residents seeking to wed Spaniards are bound by the laws of the country where they have citizenship. The Indian man is a resident of Spain but holds an Indian passport.

The dispute erupted Tuesday, six days after Spain's parliament made this country the third in the world to legalize gay marriage. The others are 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, not in a formal ruling -- suggest that for the time being at least, 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 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 couples can appeal to a Justice Ministry department that oversees Spain's civil registries.

http://www.gay.com/news/article.html?2005/07/06/1

Well that kinda sucks doesnt it

Do you think that this should be the case or, should these two guys be allowed to marry?

Regards,

Lee

[jonjayw]

If that article of the civil code is applied equally to all marriages between Spaniards and foreigners then there's no problem, unless that part of the code was established just to cover same sex marriages. Sounds like all the gentleman from India has to do is become a Spanish citizen. He's already a resident. Unless (again) there are roadblocks that apply only to GLTB individuals applying for Spanish citizenship.