Saturday, April 10, 2010

Portuguese Court Approves Constitutionality of Homosexual 'Marriage'

By Matthew Cullinan Hoffman

LISBON, April 9, 2010 (LifeSiteNews.com) - The Constitutional Court of Portugal has approved new homosexual "marriage" legislation that was passed in February by the nation's parliament.

The court ruled that the Constitution, which protects the institution of marriage as a "fundamental element of society," does not "prohibit the evolution of the institution" in the court's words, and that opening it to "persons of the same sex does not impede the recognition and the protection of the family."

The bill was submitted to the Constitutional Court by Portugal's conservative President Anibal Cavaco Silva, a Catholic, who must now decide to sign or veto the law.  If he vetoes it, the Parliament may pass it over his veto with a simple majority vote.

If a law is passed over the president's veto, he is then required to sign it according to the Constitution, although if he does not sign it it does not have legal validity.

The Constitution of Portugal provides no specific punishment for the president should he refuse to sign a law.  However, the Constitutional Court can remove a president if he is convicted of a crime.

The proposed legislation does not permit homosexuals to adopt children, although the Portuguese Minster of Parliamentary Affairs, Jorge Lacão, has stated publicly that the topic might be broached in a future parliamentary session.

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