II - Why legalise Gypsy marriage?

The proposal for legal recognition initially arose as a reply to everyday problems encountered by Gypsy men and women without a valid marriage certificate.

While younger people often combine the Gypsy ritual with a registry office or church wedding, some choose not to do so, and many did not do so in the past. As a result some men and women are unable to provide the necessary proof to claim pensions, assert their rights to council accommodation, make hospital and prison visits, and even initiate divorce proceedings.

In 2007 a seven-year judicial discussion provoked by the case of María Luisa Muñoz Díaz came to a close. Her husband had made full Social Security payments for 19 years, but she was refused a widow's pension for lack of a wedding certificate recognised by the state. When the case finally reached the Constitutional Tribunal, it decided against her right to a pension. However, the Tribunal's sentence ended with the suggestion that Spanish legislation give full civil recognition to Gypsy marriages.

"The judges need just a little more courage", comments Diego Luis Fernandez Jiménez, lawyer and director of the Institute of Gypsy Culture.

The Gypsy marriage ritual, which includes a virginity test for Gypsy women, is sometimes painted as anachronistic and belittling for women. However, women as well as men, defend it as relevant in modern society. Social workers have also defended it, noting that it has helped to curb the spread of sexual diseases like AIDS and limited the number of illegitimate children.