Same-sex marriage in Portugal

Same-sex marriage has been legal in Portugal since 5 June 2010. The Government of Prime Minister José Sócrates introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic (the Portuguese Parliament) in February 2010. The bill was declared legally valid by the Portuguese Constitutional Court in April 2010. On 17 May 2010, President Aníbal Cavaco Silva ratified the law and Portugal became the sixth country in Europe and the eighth country in the world to allow same-sex marriage nationwide. The law was published in the official journal Diário da Republica on 31 May 2010 and became effective on 5 June 2010.

On 1 February 2006, a lesbian couple applied for a marriage licence. Their application was refused, but the couple, Teresa Pires and Helena Paixão, promised to challenge the ban in court, saying that it discriminated against them on the basis of sexual orientation, which is banned by the 1976 Constitution. Discrimination based on sexual orientation was made illegal in 2004. In May 2007, the court rejected the motion and they appealed to the Portuguese Constitutional Court. The Constitutional Court received the case in July 2007. Helena and Teresa's lawyer, Luís Grave Rodrigues, presented their allegations on 19 October 2007, including seven legal opinions (pareceres) from Portuguese professors of law arguing that the ban on same-sex marriage is unconstitutional.

On 9 July 2009, the Constitutional Court decided on a 3–2 vote that the Constitution does not demand the recognition of same-sex marriage, but also does not oppose it, and that the decision must be made by the Assembly of the Republic (the Portuguese Parliament).

Two bills to legalize same-sex marriage were presented to Parliament on 10 October 2008. The bills were introduced separately by the Left Bloc (BE) and Green Party (PEV). Both bills were rejected by Parliament on opposition from the governing Socialist Party and the main opposition Social Democratic Party.

...
Wikipedia