Marriage Equality for all in Lebanon

Should interfaith and non-religious couples have equal opportunities to form civil unions as couples sharing similar faith in Lebanon??

Executive Summary?

This policy brief urges the establishment of an institution that grants civil unions, independent from the 18 religious sectors that currently govern Lebanons’ Family Legal Affairs, without any form of distinction from religious marriage. This would allow non-religious and interfaith couples, who do not yet have the right to form civil unions in Lebanon, to do so. With the current economic collapse and political instability, it is important for parliamentary members to continuously implement low-budget policies that have tremendous outcomes. A policy like the one recommended does not require funding but may benefit from international funding from International Organizations. This implementation will play a vital role in the upcoming parliamentary elections in March 2022, illustrating that policymakers are taking crucial steps in ensuring equality for all their citizens regardless of belief and religion, a main aspect of the Lebanese Civil War. Reforms are needed and wanted by a substantial portion of the Lebanese people given that 20% of the population had joined demonstrations in the recent demonstrations in 2019 (New Sullivan, 1) calling for secularist reforms.?

Defining the Problem?

The current law in Lebanon does not allow marriage between a man and woman who do not adhere to the same religion. All marriages in Lebanon are performed by a religious authority and are registered in the husband’s jurisdiction of birth. Those wishing to have a civil marriage must marry outside the country. In cases of interfaith relationships, either partner can convert to the faith of the other for the purpose of marriage (U.S Embassy in Lebanon, 1). Interfaith couples usually resort to converting to their partners' religion to marry. Equally, couples who do not adhere to a specific religion or choose to no longer believe in their previous religion must marry in the context of their previous religion (Shariah court for Muslims and Churches for Christians). And so, couples in which individuals wish to maintain their religion may not marry. Under these circumstances, couples do not have the right to freedom of thought, conscience, and religion as couples are restoring to compromise their faith for marriage. The law formerly mentioned contradicts two articles of the UDHR (Universal Declaration of Human Rights). Firstly, the fact that marriage is registered in the husband’s jurisdiction of birth contradicts article 1 which states that all human beings are born free and equal in dignity and rights (Article 1, UDHR) as women are not granted the same opportunities to register their marriage in their jurisdiction of birth. Secondly, the Lebanese marriage law contradicts article 18 of the UDHR that states that “everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance” (Article 18. UDHR). That is because interfaith couples are given a choice between preserving their faith or converting for marriage. Simultaneously, the Lebanese Constitution, declares in its Fundamental Provisions Preamble, adopted in September 1990, that “Lebanon is [] a founding and active member of the United Nations Organization and abides by its covenants and by the Universal Declaration of Human Rights. The Government shall embody these principles in all fields and areas without exception” (Lebanese Constitution). Meanwhile, marriage laws in Lebanon appear to be an exception. I am sure you are aware that a contradiction in the fundamental legal texts of a nation is highly problematic.

Contextual Analysis

In Lebanon, all matters of personal status -- marriage, divorce, custody, and inheritance -- are governed by religious codes, of which there are 15 recognized by the state. Each religious sect follows a distinct set of personal state laws (Sussman, 3). And so, for marriage, a matter of personal status, two sectors having a distinct set of laws may not comply. And so, “the Ottoman-era personal status laws apply differently to each of 15 religion-based groups, effectively outlaw secular marriage or divorce, and codify discrimination against women” (Sussman, 1). Meanwhile, the Lebanese Judiciary does in fact recognize civil marriage. The outdated adoption of a multi-confessional system with a legal plurality that accommodates for only 18 ethnoreligious sectors implies that the Lebanese states recognize solely these sectors and none other but these sectors. It equally implies that religion is an ethnicity and not belief, which is not the case. While many citizens are born into a religion, many choose to discard or convert out of their initial faith. This narrative that juxtaposes religion to ethnicity was very much promoted during times of conflict, notably during the creation State of Israel in 1948 and the Lebanese Civil War from 1975-1990 which coated itself as religious wars rather than a proxy war of the Cold War. Laws like those previously mentioned have contributed immensely to a false narrative that has become popular in rural areas of Lebanon, these false narratives suggest that interfaith marriages are not granted as it goes against religious beliefs, which is utterly absurd. While I am not intellectually equipped to argue as to how these laws are complementary to religious laws that inhibit interfaith marriages, I am curious to know the primary justification for recognizing civil marriages that occur outside the Lebanese territory, sometimes as close as 300km (about twice the distance from Washington, D.C. to New York City) from the Lebanese coast in Cypress.

It is important to note that ever since the start of the Lebanese Revolution in late 2019, the perception of religious authority in Lebanon has become significantly more pejorative. According to an Arab Barometer’s survey, slightly over half of the Lebanese population (56%) prefers a civil/secular political system (Lazkani, 2). And so, the laws in a democratic nation, which the Lebanese constitution qualifies Lebanon, should reflect the national interest of its people. And so, a change in policy must be set as a priority.?

Policy Options and Recommendations?

It is undeniable that the Lebanese confessional system is far too complex to address, especially in times of political and economic instability. However, considering that international civil unions are recognized in Lebanon, I recommend creating a civil union institution where interfaith marriage can be granted. If establishing civil courts that tackle all aspects of personal status is too farfetched, religious obligations and linked matters of personal status such as divorce can be agreed upon in the marriage contract. The marriage certificate can include a contract that includes common joint decisions that are usually implied within religious courts (such as what court laws apply to divorce). The policy suggested does not require a large budget. Although national budget may seem like a great concern, I am so convinced it is, considering that the Lebanese government has been continuously funding railway works, meanwhile Lebanon has not had an active train since the early 1970s.?

Yet, implementing a policy like the one formerly suggested will have an immense impact on the upcoming parliamentary elections in 2022. The current political class and its policymakers have been blamed for the political and economic collapse that began in late 2019. The implementation of such policies would indicate that policymakers are looking into developing and advancing Lebanese laws. But mostly, it would indicate that policymakers are hearing and complying with the demands of the Lebanese people. It is also important to consider that the Lebanese diaspora, a large community that has access to these services in their place of residence will highly appreciate similar steps. Now that the Lebanese Parliament has passed an electoral law that allows for the diaspora to vote for the total number of the Parliamentary seats (Sawti Voice, 5), their voting power will have an immense outcome on the results as the Lebanese Diaspora is far large than the Lebanese population in Lebanon.?

Lastly, the implementation of similar policies would allow interfaith couples to consider residing in Lebanon, which will indirectly promote economic growth since as previously mentioned, the Lebanese Diaspora is far larger than the Lebanese community in Lebanon.?

References?

International Migration and the Lebanese Diaspora. IFPO Publications de l’Institut fran?ais du Proche-Orient. Co-éditions. Presses de l’Ifpo. 3 October 2019. pp. 42–43. ISBN 9782351595497.

Marriage Laws in Lebanon. U.S. Embassy in Lebanon. (2020, September 8). Retrieved November 8, 2021, from https://lb.usembassy.gov/.

Sawti. My Voice. my vote. Sawti. My voice. My Vote. (n.d.). Retrieved November 8, 2021, from https://www.sawtivoice.org/.

Souad Lazkani· Lebanon News·December 13, 2020. (2020, December 23). The majority of Lebanese of all religions want a secular state. 961. Retrieved November 8, 2021, from? ??https://www.the961.com/majority-of-lebanese-want-a-secular-state/.

Sullivan, H., Wright, R., & Ferguson, J. (2019, October 29). The making of Lebanon's October Revolution. The New Yorker. Retrieved November 8, 2021, from https://www.newyorker.com/news/dispatch/the-making-of-lebanons-october-revolution.

The Lebanese Constitution - Parliament of Lebanon. (n.d.). Retrieved November 8, 2021, from https://www.lp.gov.lb/backoffice/uploads/files/Lebanese%20%20Constitution-%20En.pdf.

United Nations. (n.d.). Universal declaration of human rights. United Nations. Retrieved November 8, 2021, from https://www.un.org/en/about-us/universal-declaration-of-human-rights.