DUTCH GAYS LEGALLY MARRY

by Rex Wockner

[story filed April 1, 2001]

AMSTERDAM -- It was probably the most important moment
in the history of the worldwide struggle for gay
equality.

Four gay couples were legally married here April 1
under the exact same laws heterosexuals use.

It was a world first.

Several nations have registered-partnership laws under
which gay couples can obtain up to 99 percent of the
rights and obligations of marriage. But only The
Netherlands now lets gays simply marry.

"All the other countries have marriages specially made
for gay people," said Henk Krol, publisher of De Gay
Krant magazine and the driving force behind the
16-year process that led to legalized marriage for
same-sex couples. "What we have in The Netherlands is
civil marriage open to everyone. That's the big
difference. That is the news."

Amid an international media frenzy, the weddings took
place at City Hall as the law became effective at the
stroke of midnight. Mayor Job Cohen officiated.

As Cohen finished his opening remarks at 11:58 p.m.,
the audience in the City Council chambers began
syncopated clapping as they waited for the room's
clock to click over to 12:00. When it clicked, cheers
erupted.

The ceremonies themselves took about half an hour.
Cohen stood where individuals stand to address the
City Council. The four couples sat in the front row of
the seats where the councilors sit.

Cohen read the marriage vows once for each couple and
they individually responded, "Yes." Each couple shook
hands, kissed and signed documents which were then
signed by the mayor.

A reception followed in the City Council foyer and the
couples departed in four brightly colored Volkswagen
Beetles for a party at a gay club.

"The most important thing is that we love each other
like everyone loves each other and gets married.
There's no difference," groom Peter Wittebrood-Lemke
told this reporter. "The whole world has to learn that
love is between people and not only between a man and
a woman."

Asked how marriage fits together with gay men's
reputation for non-monogamy, Wittebrood-Lemke said:
"Real fidelity has nothing to do with monogamy. Real
fidelity is something else, something in your soul,
something that attaches you to each other. Monogamy
can be a sort of contract if you choose it. But if you
marry you don't have to choose monogamy. You have to
choose for fidelity."

His partner, Frank Wittebrood, added: "Maybe you've
been told that homosexuals are not monogamous. I think
we are more honest. A lot of heterosexuals are like
homosexuals, but they do it in hiding. Homosexuals are
more honest."

Groom Ton Jansen, 63, married his partner of 36 years,
Louis Rogmans, 72.

"Marriage gives you all the rights that other married
people have," he said. "Marriage is the most intimate
bond two people can enter into."

Former Labour Member of Parliament Mieke van der Burg,
who fought hard for the marriage legislation, said the
political process was arduous.

"In the beginning, I did not believe it would pass,"
she said. "It was very difficult in my own political
party and in the other parties. I had so many
discussions with members of my own party and other
parties. It was very difficult to give the arguments
in favor of this."

Krol echoed: "In the beginning I never thought it
would be possible to open up marriage. I thought it
would be possible to have an excellent registered
partnership in The Netherlands -- the best in the
world -- and that's what we've had since 1998. But to
open up that institution that for a lot of people is
so special, well, we always thought it was reasonable,
but to convince everybody that this was indeed
necessary was a hard job. Especially because in the
beginning it was hard to convince the gay community.
They said, 'That's something for heterosexuals.'"

Asked to advise activists working for gay marriage in
other nations, Krol said: "You have to discuss it over
and over again with the politicians and let them
think. Discuss it over and over again until they
understand there's no reason not to allow it. People
are against it not because they think negative about
it but because they feel negative in their lower body.
That's the only reason they are against it. Once they
start to think, they find no reason to be against it.

"The thing that finally got us over the hump was when
we did a survey of the Dutch population proving that a
large majority was in favor of gay marriage," Krol
said. "Everyone in Parliament wants to do what the
majority of the people want. That made the
difference."

University of Utrecht Prof. Rob Tielman said it also
helped that "Dutch society is the most secular one in
the Western world. This explains Dutch attitudes
towards voluntary euthanasia, recreational drugs,
sexual self-determination, the legal right to be nude
in certain public places, mandatory sex education in
all schools, the lowest percentage worldwide of
abortions and unwanted pregnancies, the constitutional
equal treatment of gays and lesbians, the recognition
of gay and lesbian parenthood, etc.," he said. "The
fact that same-sex couples can marry now in The
Netherlands is not a miracle but the consequence of a
long history of respect for human rights based upon
the principle of the right of every human being to
give meaning and shape to his or her own life as long
as the rights of others to human self-determination
are respected."

One law change remains -- which is expected to pass
shortly -- before same-sex marriages are identical to
opposite-sex couplings. It will grant lesbian couples
who give birth to babies automatic joint parental
authority. At present, they will have to petition a
court for that authority.

It may take some time before gay spouses will be able
to adopt children from other nations. Not because The
Netherlands has a problem with it, but because the
Third World nations from which Dutch couples adopt
children are presumably hostile to the idea.

FOREIGNERS CAN MARRY IN THE NETHERLANDS

Gay couples from other countries can get married in
The Netherlands provided they have lived in The
Netherlands for four months. The City of Amsterdam has
said it believes that gay couples from the other 14
nations that are members of the European Union can
come to Amsterdam and marry without establishing
residency.

Readers of De Gay Krant magazine are offering to
assist gay couples from non-European Union nations in
establishing a legal address in The Netherlands so
they can get married here.

"If an American couple has a permanent address in
Amsterdam, they can get married," Krol said. "De Gay
Krant, in cooperation with some of our readers, is
willing to provide American couples with addresses in
Amsterdam.

"These foreigners have to prove that they are using
the Amsterdam address for at least four months," Krol
said. "During these months it is possible that the
City Hall will ask them to come by. If this is asked,
they have to show up within three weeks. American
citizens need a permit to stay that long in The
Netherlands, but it is rather easy for Americans to
get that permit."

Anyone interested in this should e-mail
h.krol@gaykrant.nl.

Evan Wolfson, director of the U.S. Lambda Legal
Defense and Education Fund's Marriage Project, says
that what The Netherlands has done will reverberate
across the planet.

"Non-gay people throughout the world, including in the
U.S., will see that the sky does not fall when
same-sex couples are included in the protections --
and the public celebration -- of civil marriage," he
said.

The nations that have special partnership laws that
give registered gay couples many or nearly all rights
of matrimony are Denmark (and Greenland), France,
Iceland, Norway, Sweden and, in the U.S., the state of
Vermont. A few other nations, including Canada and
Hungary, grant gays many rights of marriage under
common-law marriage statutes. Portugal's gay
partnership law is expected to take effect later this
year.

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