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Spain’s gay marriage law hits snag over status of foreigners
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MADRID, Spain - Spain’s gay marriage law _ not yet a week old _ hit its first snag Wednesday as a court said a Spanish man could not 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. In this case, the Indian man is a resident of Spain, but holds an Indian passport. The dispute erupted Tuesday in the northeast Catalonia region, six days after parliament made Spain the world’s third country to legalize gay marriage, after the Netherlands and Belgium. Canada is expected to follow suit 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, Spanish homosexuals seeking to marry foreigners can only do so with people from the Netherlands and Belgium. The 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 would allow them to get married. Their lawyer, Jose Maria Ortiz, told the newspaper El Periodico that the judge informed them he could not wed the couple because Dutt is from India, which doesn’t allow same-sex marriage. The Supreme Court of Justice of Catalonia said the judge had accepted the application but told the couple that he had to consult on the marriage with a civil registry office in Arenys de Mar, a larger town under whose jurisdiction Canet de Mar falls. The court said no decision had been made, but added that an article in the Spanish civil code _ addressing what Spain calls “personal law” _ states that in matters of marriage, foreign residents of Spain are bound by the laws of their countries of origin. |
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