http://www.weeklystandard.com/Content/Public/Articles/000/000/006/494pqobc.asp
....News of the Dutch three-way wedding filtered into the United States through a September 26 report by Paul Belien, on his Brussels Journal website. The story spread through the conservative side of the Internet like wildfire, raising a chorus of "I told you so's" from bloggers who'd long warned of a slippery slope from gay marriage to polygamy.
Meanwhile, gay marriage advocates scrambled to put out the fire. M.V. Lee Badgett, an economist at the University of Massachusetts, Amherst, and research director of the Institute for Gay and Lesbian Strategic Studies, told a sympathetic website, "This [Brussels Journal] article is ridiculous. Don't be fooled--Dutch law does not allow polygamy." Badgett suggested that Paul Belien had deliberately mistranslated the Dutch word for "cohabitation contract" as "civil union," or even "marriage," so as to leave the false impression that the triple union had more legal weight than it did. Prominent gay-marriage advocate Evan Wolfson, executive director of Freedom to Marry, offered up a detailed legal account of Dutch cohabitation contracts, treating them as a matter of minor significance, in no way comparable to state-recognized registered partnerships.
In short, while the Dutch triple wedding set the conservative blogosphere ablaze with warnings, same-sex marriage advocates dismissed the story as a silly stunt with absolutely no implications for the gay marriage debate. And how did America's mainstream media adjudicate the radically different responses of same-sex marriage advocates and opponents to events in the Netherlands? By ignoring the entire affair.
Yet there is a story here. And it's bigger than even those chortling conservative websites claim. While Victor, Bianca, and Mirjam are joined by a private cohabitation contract rather than a state-registered partnership or a full-fledged marriage, their union has already made serious legal, political, and cultural waves in the Netherlands. To observers on both sides of the Dutch gay marriage debate, the De Bruijns' triple wedding is an unmistakable step down the road to legalized group marriage.
More important, the De Bruijn wedding reveals a heretofore hidden dimension of the gay marriage phenomenon. The De Bruijns' triple marriage is a bisexual marriage. And, increasingly, bisexuality is emerging as a reason why legalized gay marriage is likely to result in legalized group marriage. If every sexual orientation has a right to construct its own form of marriage, then more changes are surely due. For what gay marriage is to homosexuality, group marriage is to bisexuality. The De Bruijn trio is the tip-off to the fact that a connection between bisexuality and the drive for multipartner marriage has been developing for some time.
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 var gnEbMinZIndex = 10000;var gfEbInIframe = false;var gEbBAd = new Object();gEbBAd.nFlightID = 112730;gEbBAd.nWidth = 300;gEbBAd.nHeight = 250;var gstrEbRandnum = new String(Math.random());gstrEbRandnum = gstrEbRandnum.substring(gstrEbRandnum.indexOf(".")+1 , gstrEbRandnum.length);gEbBAd.strNonSupported = "http://bs.serving-sys.com/BurstingPipe/NonSupportedBanner.asp?FlightID=112730&Page=&PluID=0&Width=300&Height=250&Pos=" + gstrEbRandnum;
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.