Here Come the Brides
Plural marriage is waiting in the wings.
Dec 26, 2005, Vol. 11, No. 15 • By STANLEY KURTZ
AS AMERICAN GAY-MARRIAGE ADVOCATES were quick to point out, the cohabitation contract that joined Victor, Bianca, and Mirjam carries fewer legal implications and less status than either a registered partnership or a marriage--and Dutch trios are still barred from the latter two forms of union. Yet the use of a cohabitation contract for a triple wedding is a step in the direction of group marriage. The conservative and religious Dutch paper Reformatorisch Dagblad reports that this was the first known occurrence in the Netherlands of a cohabitation contract between a married couple and their common girlfriend.
This is important because the Dutch campaign for same-sex marriage was famously premised on a "small step" strategy, with each small increment of recognition creating an impetus for further steps. As Israeli legal scholar Yuval Merin tells it in his 2002 book Equality for Same-Sex Couples, the popularity of cohabitation contracts among Dutch gays in the 1980s helped create laws in the early 1990s forbidding employer discrimination on the basis of sexual orientation--including discrimination between married and unmarried couples in the granting of benefits.
So the use of cohabitation contracts was an important step along the road to same-sex marriage in the Netherlands. And the link between gay marriage and the De Bruijns' triple contract was immediately recognized by the Dutch. The story in Reformatorisch Dagblad quoted J.W.A. van Dommelen, an attorney opposed to the De Bruijn union, who warned that the path from same-sex cohabitation contracts to same-sex marriage was about to be retraced in the matter of group marriage.
Van Dommelen also noted that legal complications would flow from the overlap between a two-party marriage and a three-party cohabitation contract. The rights and obligations that exist in Dutch marriages and Dutch cohabitation contracts are not identical, and it's unclear which arrangement would take precedence in case of a conflict. "The structure is completely gone," said Van Dommelen, as he called on the Dutch minister of justice to set up a working group to reconcile the conflicting claims of dual marriages and multipartner cohabitation contracts. Of course, simply by harmonizing the conflicting claims of dual marriages and triple cohabitation contracts, that working group would be taking yet another "small step" along the road to legal recognition for group marriage in the Netherlands.
The slippery-slope implications of the triple cohabitation contract were immediately evident to the SGP, a small religious party that played a leading role in the failed battle to preserve the traditional definition of marriage in the Netherlands. SGP member of parliament Kees van der Staaij noted the substantial overlap between marriage rights and the rights embodied in cohabitation contracts. Calling the triple cohabitation contract a back-door route to legalized polygamy, Van der Staaij sent a series of formal queries to Justice Minister Piet Hein Donner, asking him to dissolve the De Bruijn contract and to bar more than two persons from entering into cohabitation contracts in the future.
The justice minister's answers to these queries represent yet another small step--actually several small steps--toward legal and cultural recognition for group marriage in the Netherlands. To begin with, Donner reaffirmed the legality of multipartner cohabitation contracts and pointedly refused to consider any attempt to ban such contracts in the future. Donner also went so far as to assert that contracts regulating multipartner cohabitation can fulfill "a useful regulating function" (also translatable as "a useful structuring role"). In other words, Donner has articulated the rudiments of a "conservative case for group marriage."
The SGP responded angrily to Donner's declarations. In the eyes of this small religious party, Donner had effectively introduced a form of legal group marriage to the Netherlands. A party spokesman warned of an impending legal mess--especially if the De Bruijn trio, or others like them, have children. The SGP plans to raise its objections again when parliament considers the justice department's budget.
It's not surprising that the first English language report was a bit unclear as to the precise legal status and significance of the triple Dutch union. The Dutch themselves are confused about it. One of the articles from which Paul Belien drew his original report is careful to distinguish between formal marriage and the cohabitation contract actually signed by Victor, Bianca, and Mirjam. Yet the very same article says that Victor now "officially" has "two wives."