Belgium What about the straights? "Registered partnership" has been on Belgium's political agenda for four years. Without any result Carmen Saffo Under the motto, 'If you never mention it, it doesn't exist', Belgium has avoided legislation that dealt explicitly with homosexual acts, either positively or negatively.' Civil marriage is not explicitly forbidden for same-sex couples.
The fact that it isn't banned does not mean that it is permitted, however. 'Customary law' is always cited in order to refuse same-sex couples the right to
Belgium's constitutional arrangements make it hard to demand reform in this area. The lesbian/gay/bisexual movement's demands can only be won in Belgium at the federal level. But the movement is not organised at the federal level. There are separate movements in Flanders, the Dutch-speaking northern region, and in Wallonia, the Frenchspeaking southern region.
The differences between the two movements are considerable. The Flemish lesbian/gay/bisexual movement is well rooted, with about 80 local groups democratically organised in a federation. On the Francophone side there are only about ten groups, which are still in the process of setting up a federation.
Flanders is clearly influenced by the progressive attitudes to gay issues in the 24 International Viewpoint #308 February 1999 neighbouring Netherlands. In Wallonia, however, even the left and far left are dominated by a French-style universalistic approach to personal civic questions: *Everyone is equal, so separate organisations to win equality are unnecessary? Europe's laboratory?
Belgium is a good laboratory in which to measure what can be gained with these two different approaches. Although Flanders is dominated by Catholic ideologies while Wallonia is traditionally social-democratic, Flemish society and politicians have come much further in accepting equal rights for lesbians, gays and bisexuals.
Unfortunately, the different situations in the country's two parts make it very difficult to translate the strength of the (Flemish) lesbian/gay/bisexual movement into good legislation.
Why is this so important? The fact is that there are many circumstances in society in which it makes a difference whether you're in a couple or not. There are consequences for taxes, child-rearing, social benefits, inheritance, dividing common property and a common home when a relationship breaks up, obtaining a residence permit for a foreign partner and a number of other issues.
The Flemish lesbian and gay movement has a clear standpoint: those who want to should be able to marry, as a matter of simple equality. Gay (or straight) couples who don't want to marry should have the possibility of signing a cohabitation agreement. - g to these partnerships, except those related to parenthood and residence rights for foreign partners. Same-sex couples would thus have all the responsibilities of married people, but not all of the rights.
The Flemish lesbian/gay/bisexual movement calls this apartheid. It sees no justification for the exceptions that are made. It is not campaigning against the proposal but does not consider it a solution to the problem. Not enough pressure
A registered partnership bill has been introduced in parliament by the Socialist Party and CVP.
Despite the very Catholic approach of this legislation, the Francophone Christian Democrats (PSC) refuse to accept it. Because the Francophone lesbian/gay/bisexual movement is weak, the PSC is under little pressure to change its position. Although the PSC has only 12 seats in the 150-seat parliament, the whole discussion has ended up deadlocked.
Opinion polls show that the majority of the Belgian population agrees that lesbians, gays and bisexuals should have equal rights for their relationships, except in matters concerning parenthood.
The discussion has been going on for four years. So why hasn't the law been changed? Quite simply because of the apathy of the straight majority. Straight people are not organised to fight for the right to legal recognition of cohabitation as an alternative to marriage.
It seems that, without allies, the lesbian/gay/bisexual movement cannot win. a good law. Out of solidarity and/or self-interest, 'straights' need to mobilise. * Notes 1. The only law in Belgian history that ever spoke openly about homosexuality was Article 372bis, which set the age of consent for homosexual contacts at 18 (it was 16 for heterosexual contacts). Even that law was only in effect for 20 years.
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