Legal status of same-sex marriage explained

See also: LGBT rights by country or territory. The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.

Civil recognition

Global summary

Same-sex marriage is legal in the following countries:

CountryLegalization methodDate of nationwide legalizationNotes
1 NetherlandsPassed by the States General1 April 2001 Legalized in the special municipalities of Bonaire, Sint Eustatius and Saba in 2012, and the constituent countries of Aruba and Curaçao in 2024. Remains unrecognized in Sint Maarten.
2 BelgiumPassed by the Belgian Federal Parliament1 June 2003
3 SpainPassed by the 3 July 2005
4 CanadaPassed by the Parliament of Canada20 July 2005Legal in some provinces and territories since 2003.
5 South AfricaPassed by the Parliament of South Africa30 November 2006
6 NorwayPassed by the Storting1 January 2009
7 SwedenPassed by the Riksdag1 May 2009
8 PortugalPassed by the Assembly of the Republic5 June 2010
9 IcelandPassed by the Althing27 June 2010
10 ArgentinaPassed by the Congress of the Argentine Nation22 July 2010
11 DenmarkPassed by the Folketing15 June 2012 Legalized in the constituent countries of Greenland in 2016 and Faroe Islands in 2017.
12 BrazilRuling of the National Justice Council16 May 2013Legal in some states since 2011.
13 FrancePassed by the French Parliament18 May 2013
14 UruguayPassed by the General Assembly of Uruguay5 August 2013
15 New ZealandPassed by the New Zealand House of Representatives19 August 2013Excluding the territory of Tokelau. Not legal in associated states of Niue and the Cook Islands.
16 LuxembourgPassed by the Chamber of Deputies1 January 2015
17 United StatesRuling of the Supreme Court of the United States26 June 2015 Legal in some states since 2004. Not legal in some sovereign reservations and recognized but not performed in American Samoa.
18 IrelandApproved by referendum and passed by the Oireachtas16 November 2015
19 ColombiaRuling of the Constitutional Court of Colombia28 April 2016
20 FinlandPassed by the Eduskunta1 March 2017
21 MaltaPassed by the Parliament of Malta1 September 2017
22 GermanyPassed by the Bundestag and the Bundesrat1 October 2017
23 AustraliaSupported in survey and passed by the Parliament of Australia9 December 2017
24 AustriaRuling of the Constitutional Court of Austria1 January 2019
25 TaiwanPassed by the Legislative Yuan after ruling of the Constitutional Court of Taiwan24 May 2019
26 EcuadorRuling of the Constitutional Court of Ecuador8 July 2019
27Passed by the Parliament of the United Kingdom and the Scottish Parliament13 January 2020 Legal in England, Wales and Scotland since 2014. Legal in Northern Ireland since 2020. Legal in most British Overseas Territories except in the Caribbean territories.
28 Costa RicaRuling of the Supreme Court of Costa Rica26 May 2020
29 ChilePassed by the National Congress of Chile10 March 2022
30 SwitzerlandPassed by the Federal Assembly of Switzerland and adopted in a referendum1 July 2022
31 SloveniaRuling of the Constitutional Court of Slovenia9 July 2022
32 CubaPassed by the National Assembly of People's Power and adopted in a referendum27 September 2022
33 MexicoA combination of executive decrees, legislative measures, and judicial rulings31 December 2022Legal in Mexico City since 2010 and some states since 2012.
34 AndorraPassed by the General Council17 February 2023
35 EstoniaPassed by the Riigikogu1 January 2024
36 GreecePassed by the Hellenic Parliament16 February 2024
- ThailandPassed by the National Assembly of Thailand2024
- LiechtensteinPassed by the Landtag1 January 2025

Opinion polls

Africa

See main article: Recognition of same-sex unions in Africa. South Africa is the only African country that legally recognizes same-sex marriage.[1]

South Africa

In December 2005, in the case of Minister of Home Affairs v Fourie, the Constitutional Court of South Africa ruled unanimously that bans on same-sex marriage were unconstitutional. The Court gave Parliament one year to change the laws, or same-sex marriage would be legalized by default.

In November 2006, Parliament passed the Civil Union Act, under which both same-sex and opposite-sex couples may contract unions. A union under the Civil Union Act may, at the choice of the spouses, be called either a marriage or a civil partnership; whichever name is chosen, the legal effect is identical to that of a traditional marriage under the Marriage Act. Both religious and civil officials may refuse to perform same-sex marriages.[2]

Namibia

See main article: Recognition of same-sex unions in Namibia. In May 2023, the Supreme Court of Namibia ruled in favor of recognizing same-sex marriages performed in other jurisdictions.[3]

Americas

See main article: Recognition of same-sex unions in the Americas.

Argentina

See main article: Same-sex marriage in Argentina. On 22 July 2010, Argentina became the first country in Latin America to legalise same-sex marriage. The law also allows same-sex couples to adopt.[4] And in many jurisdictions, including the city of Buenos Aires, it is also legal for non-residents and tourists.[5]

Brazil

On 25 October 2011, Brazil's Supreme Court of Justice ruled that two women can enter into civil marriage under the current law, thus overturning the decision of two lower court's ruling against the women.[6] Following this ruling, a growing number of courts of Brazilian states, such as the most populous state of São Paulo, implemented directives which allowed for same-sex civil marriages in the same manner as other marriages.

Same-sex couples can currently have registered partnerships and full rights to adopt children in all states, and same-sex marriages based on court orders have occurred in several states in individual cases.

On 14 May 2013, Brazil's National Justice Council (CNJ) ruled in favor of recognizing same-sex marriage nationwide.[7]

Canada

In Canada between 2003 and 2005, court rulings in Ontario, British Columbia, Quebec, Manitoba, Nova Scotia, Saskatchewan, Newfoundland and Labrador, New Brunswick, and Yukon ruled the prohibition of same-sex marriage to be contrary to the Charter of Rights, thus legalizing it in those jurisdictions (which covered 90% of the population). In response to these rulings, the governing Liberal party minority government introduced legislation to allow same-sex couples to marry. On 20 July 2005, the Canadian Parliament passed the Civil Marriage Act, defining marriage nationwide as "the lawful union of two persons to the exclusion of all others." This was challenged on 7 December 2006 by a motion tabled by the newly elected Conservative party, asking the government to introduce amendments to the Marriage Act to restrict marriage to opposite-sex couples; it was defeated in the House of Commons by a vote of 175 to 123.

Canada does not have a residency requirement for marriage; consequently, many foreign couples have gone to Canada to marry, regardless of whether that marriage will be recognized in their home country. In fact, in some cases, a Canadian marriage has provided the basis for a challenge to the laws of another country, with cases in Ireland and Israel. The plaintiff in the case of United States v. Windsor, which challenged the Defense of Marriage Act, wed her wife in Ontario.

Since 11 November 2004, the Canadian federal government's immigration department, Citizenship and Immigration Canada (CIC), considers same-sex marriages performed in Canada valid for the purposes of sponsoring a spouse to immigrate.[8] Canadian immigration authorities previously considered long-term, same-sex relationships to be equivalent to similar heterosexual relationships as grounds for sponsorship.

Colombia

See main article: Same-sex marriage in Colombia. The Colombian Constitutional Court ruled in February 2007 that same-sex couples are entitled to the same inheritance rights as heterosexuals in common-law marriages. This ruling made Colombia the first South American nation to legally recognize same-sex couples. In January 2009, the Court ruled that same-sex couples must be granted all rights offered to cohabiting heterosexual couples.[9] On 26 July 2011, the Court ordered the Congress to pass legislation giving same-sex couples similar rights to marriage within two years (by 20 June 2013). The law was defeated.[10] [11] [12] In April 2016, the Colombian Constitutional Court voted 6–3 to allow same-sex marriage, with the ruling taking effect immediately.[13]

In 2015, the Colombian Constitutional Court ruled that same-sex couples could adopt children.

Costa Rica

See main article: Same-sex marriage in Costa Rica. In 2016 the government motioned at the Inter-American Court of Human Rights to pass judgement over the rights of same-sex couples. The Court agreed and in 2018 the Court's binding sentence was that Costa Rica (and presumably all the other member states of the Pact of San José) was required to provide same rights to same-sex couples that heterosexual couples enjoy including marriage.[14] Costa Rica's Constitutional Court subsequently ruled that same-sex couples must be allowed to marry, and gave the government a deadline of 26 May 2020, to make legislative changes. As the deadline lapsed without legislative action, same-sex couples were allowed to marry starting 26 May 2020.[15]

Cuba

See main article: Same-sex marriage in Cuba. Same-sex marriage has been legal in Cuba since 27 September 2022, after a majority of voters approved the legalization of same-sex marriage at a referendum two days prior. The Constitution of Cuba prohibited same-sex marriage until 2019, and in May 2019 the government announced plans to legalize same-sex marriage. A draft family code containing provisions allowing same-sex couples to marry and adopt was approved by the National Assembly of People's Power on 21 December 2021.[16] The text was under public consultation until 6 June 2022, and was approved by the Assembly on 22 July 2022.[17] The measure was approved by two-thirds of voters in a referendum held on 25 September 2022.[18] [19] President Miguel Díaz-Canel signed the new family code into law on 26 September,[20] [21] and it took effect upon publication in the Official Gazette the following day.[22]

Cuba was the first independent nation in the Caribbean, the eighth country in Latin America, the first communist state, the first of the former Eastern Bloc (excluding East Germany and Slovenia) and the 32nd country worldwide to legalize same-sex marriage.

Ecuador

See main article: Same-sex marriage in Ecuador.

Mexico

See main article: Same-sex marriage in Mexico. Same-sex marriage has been legalized in all states of Mexico and in Mexico City. Since August 2010, same-sex marriages performed within Mexico are recognized by all 31 states without exception.

On 9 November 2006, Mexico City's unicameral Legislative Assembly passed and approved (43–17) a bill legalizing same-sex civil unions, under the name Ley de Sociedades de Convivencia (Law for Co-existence Partnerships), which became effective on 16 March 2007.[23] The law recognizes property and inheritance rights to same-sex couples. On 11 January 2007, the northern state of Coahuila, which borders Texas, passed a similar bill (20–13), under the name Pacto Civil de Solidaridad (Civil Pact of Solidarity). Unlike Mexico City's law, once same-sex couples have registered in Coahuila, the state protects their rights no matter where they live in the country.[24] Twenty days after the law had passed, the country's first same-sex civil union took place in Saltillo, Coahuila.[25]

On 21 December 2009, Mexico City's Legislative Assembly legalized (39–20) same-sex marriages and adoption by same-sex couples.[26] Eight days later, the law was enacted and became effective in March 2010.[27]

Since then, Mexican states have been legalising same-sex marriage one by one, via a combination of gubernatorial decrees, legislative measures, and judicial rulings. Most recently, on 26 October 2022, the Congress of Tamaulipas approved same-sex marriage, making it the final jurisdiction in the country to do so.[28]

United States

On 26 June 2015, the US Supreme Court ruled that same-sex marriage is a constitutional right under the 14th Amendment to the Constitution, thereby making same-sex marriage legal throughout the United States.[29]

Prior to 26 June 2015, same-sex marriages were legal in the District of Columbia, Guam, and thirty-six states.

In 2005, California became the first state to pass a bill authorizing same-sex marriages without a court order, but this bill was vetoed by Governor Arnold Schwarzenegger. In 2008, the Supreme Court of California overturned a 2000 law banning same-sex marriages.[30] The legal effect of the court ruling was curtailed by another voter initiative called Proposition 8 later that year.[31] Proposition 8 was upheld by the California Supreme Court in 2009, holding that same-sex couples have all the rights of heterosexual couples, except the right to the "designation" of marriage.[32] On 26 June 2013, the Supreme Court ruled in Hollingsworth v. Perry that Proposition 8 was unconstitutional, allowing same-sex marriages to resume in California.

Federal recognition

In 1996, the U.S. Congress passed the Defense of Marriage Act (DOMA). Section 2 of DOMA defined marriage as a union between a man and a woman, and its purpose was to enable states to deny recognition of same-sex marriages performed in other states.[33] Section 3 of DOMA also denied federal recognition to same-sex couples who were legally married under state law.

On 26 June 2013, the U.S. Supreme Court declared Section 3 of DOMA to be unconstitutional in United States v. Windsor. The court said that the provision was "a deprivation of the equal liberty of persons that is protected by the Fifth Amendment."[34] With this ruling the federal government recognized same-sex marriages performed by states that allowed same-sex marriage. It also affected several federal rights, including enabling a U.S. citizen to petition a same-sex spouse for immigration.[35] The Court in the United States v. Windsor case did not, however, address the constitutionality of DOMA Section 2, which allowed a state to deny recognition of same-sex marriages granted in other states.

In February 2015, the United States Department of Labor issued its final rule amending the definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA) in response to the Windsor decision. The new rule became effective 27 March 2015.[36] The revised definition of "spouse" extended FMLA leave rights and job protections to eligible employees in a same-sex marriage or a common-law marriage entered into in a state where those statuses were legally recognized, regardless of the state in which the employee worked or resided.[37] Accordingly, even if an employer had employees working where same-sex or common law marriage was not recognized, those employees' spouses would trigger FMLA coverage if an employee was married in one of the states that recognized same-sex marriage or common law marriage.[38]

The Obergefell v. Hodges decision on 26 June 2015 eliminated the distinction between same-sex marriage and opposite-sex marriage at the federal level, holding that marriage was a constitutional right, and that same-sex couples were entitled to equal rights under the law.[39]

In December 2022, the Respect for Marriage Act was signed into law, repealing DOMA and codifying the rights to both same-sex and interracial marriage under federal law.

Civil unions

Several states offer alternative legal certifications that recognize same-sex relationships. Before states enacted these laws, U.S. cities began offering recognition of these unions. These laws bestow marriage-like rights to these couples, and are referred to as civil unions, domestic partnerships, or reciprocal beneficiaries depending on the state. The extent to which these unions resemble marriage vary by state, and several states have enhanced the rights afforded to them over time. The U.S. jurisdictions that used these forms of same-sex union recognition instead of marriage were Colorado, Wisconsin, and Nevada, all beginning in 2009.

U.S. Territories

An attempt to ban same-sex marriages and any other legal recognition of same-sex couples in the U.S. territory of Puerto Rico failed in 2008. Puerto Rico already banned same-sex marriage by statute.[40] Same-sex marriage became legal in Puerto Rico in 2015 due to Obergefell v. Hodges.

Same-sex marriage is not performed in American Samoa, an unorganized territory of the U.S. The application of the U.S. Supreme Court's decision to the territory is unclear and has not been challenged.[41] However, the passage of the Respect for Marriage Act in 2022 meant same-sex marriages conducted outside of American Samoa must be recognized in the territory.

Tribal Nations in the United States

Several Native American tribes have also legalized same-sex marriage. Those are:

Uruguay

See main article: Same-sex marriage in Uruguay. Uruguay became the first country in South America to allow civil unions (for both opposite sex and same-sex couples) on 1 January 2008.

Children can be adopted by same-sex couples since 2009.[53] [54] A same-sex marriage bill passed in the Chamber of Deputies in December 2012,[55] [56] as well as in the Senate in April 2013 but with minor amendments. The amended bill was approved by the Chamber of Deputies in a 71–21 vote on 10 April and was signed by the President on 3 May 2013.[57] The law took effect on 5 August 2013.[58]

Asia

See main article: Recognition of same-sex unions in Asia. Taiwan is the only Asian country that performs same-sex marriages, while Israel recognizes same-sex marriages performed overseas.

On 24 May 2017 the Constitutional Court in Taiwan ruled that same-sex couples have a right to marry, and gave the legislature two years to amend Taiwanese marriage laws accordingly.[59] On 24 May 2019, Taiwan became the first country in Asia to recognize same-sex marriage. Nepal and Thailand both legalised same-sex marriage in 2024.[60] [61]

Cambodia

See main article: Recognition of same-sex unions in Cambodia. In 2004 King Norodom Sihanouk announced that he supported legislation extending marriage rights to same-sex couples.[62]

In 2011, a ban prohibiting gay marriage was abolished, making same-sex marriages not illegal, but also not protected by law. Some village chiefs may occasionally issue marriage certificates to same-sex couples if one of them is willing to identify as the opposite sex on the marriage license.[63]

China

See main article: Recognition of same-sex unions in China. Same-sex marriage is not legally recognized. Article 2 of the Marriage Law declares "one husband and one wife" as one of the principles guiding marriages. The principle, first codified in 1950, was intended to outlaw polygamy, but is now also interpreted to disallow same-sex marriages. Many other articles of the same law also assume the marriage is a heterosexual union.

The National People's Congress proposed legislation allowing same-sex marriages in 2003. However, the proposal failed to collect the 30 votes needed to be added to the agenda.

On 5 January 2016, a court in Changsha agreed to hear a lawsuit against the Bureau of Civil Affairs of Furong District for its June 2015 refusal to let a gay man marry his partner.[64] On 13 April 2016, the court ruled against the couple. They vowed to appeal, citing the importance of his case for LGBT progress in China.[65]

Currently, Beijing will grant spousal visas to same-sex couples. These documents allow foreign same-sex married couples to live in China, though only one member of the couple may work.[66]

Hong Kong

See main article: LGBT rights in Hong Kong. The right to marry in Hong Kong is a constitutionally protected right. The Basic Law, the city's constitutional charter, does not define marriage as between a man and a woman, but the Marriage Ordinance does. Under Section 40 of the Marriage Ordinance (Cap. 181), marriage shall be a "Christian marriage or the civil equivalent of a Christian marriage"; and this "implies a formal ceremony recognized by law as involving the voluntary union for life of one man and one woman to the exclusion of all others ". Therefore, same-sex couples are excluded from the legal institution of marriage, along with the benefits of marriage.[67] [68]

In 2004 and 2013, under the UK Civil Partnership Act 2004 and Marriage (Same Sex Couples) Act 2013 respectively, British Nationals including Hong Kong residents holding BN(O) status already have the right to register as civil partners and get married with their same sex partners, under the UK law. However, the British consulate in Hong Kong does not perform consular civil partnerships or same-sex marriage due to the "strong objections" the HKSAR government raised with the British consulate-general, as apparently UK law prohibits embassies and consulates from performing consular marriages if objection is raised by the local government.[69] [70] [71]

In 2009, changes to Hong Kong's Domestic and Cohabitation Relationships Ordinance were made to protect same-sex partners.[72] On 13 May 2013, the Court of Final Appeal, in a 4:1 decision, gave transgender people the right to marry as their identified gender rather than their biological sex at birth, but only in biologically heterosexual relationships (i.e., a transgender woman could not marry a cisgender woman).[73]

In 2018, the government began granting spousal dependant visas to spouses of residents in same-sex legal unions. In July 2018, the Court of Final Appeal upheld a lower court's judgment in favour of a lesbian expat, stating that government's differential treatment towards her – denying her a spousal visa on the basis of marital status – amounted to unlawful discrimination.[74] This gives the dependant visa holders the right to work and earn, and be eligible to apply for permanent residency after residing in Hong Kong continuously for 7 years.[75]

On 22 November 2018, a gay married man filed to the High Court a judicial review application, arguing that a decision by the Housing Authority was unconstitutional under the Hong Kong Bill of Rights and the Basic Law, after he and his husband married in Canada were rejected by the HKSAR government for an application for public housing under the category of "ordinary family" in September.[76]

India

See main article: Recognition of same-sex unions in India. India provides same-sex couples rights and benefits equal to married couples as a live-in couple (anagolous to cohabitation or common law marriage) as per a supreme court judgement in August 2022, which offers some sembience of equality in a country where the vast majority of marriages are not registered with government.[77] [78]

While it does not recognise same-sex marriage or civil unions, the vast majority of heterosexual marriages are not registered with government and common law marriage based on traditional customs remains the dominant form of marriage. A number of common law marriages between same-sex couples in rural communities have been reported by the media since independence from colonialism. The Delhi High Court is currently hearing multiple petitions which seek to amend marriage laws for same-sex marriage in India.

India does not possess a unified marriage law, and as such every citizen has the right to choose which law will apply to them based on their community or religion. Although marriage is legislated at the federal level, the existence of multiple marriage laws complicates the issue.[79]

Israel

See main article: Recognition of same-sex unions in Israel and Unregistered cohabitation in Israel. Marriages in Israel are performed under the authority of the religious authorities to which the couple belong. For Jewish couples the responsible religious authority is the orthodox Chief Rabbinate of Israel, which does not permit same-sex marriages. However, on 21 November 2006 the Supreme Court of Israel ruled that five same-sex Israeli couples who had married in Canada were entitled to have their marriages registered in Israel.[80]

Japan

See main article: Recognition of same-sex unions in Japan. Article 24 of the Japanese constitution states that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis." The purpose of the clause was to amend previous feudal arrangements where the father or husband was legally recognized as the head of the household. However, the new constitution had the unintended consequence of defining the marriage as a union of "both sexes", i.e. man and woman. However, on 27 March 2009, a justice ministry official was reported to have said that Japan had granted permission for its citizens to marry foreign same-sex partners in countries where same-sex marriage is legal.[81] Japan does not allow same-sex marriage within its borders, and had until that point also refused to issue a key document required for citizens to wed overseas if the applicant's intended spouse was of the same gender. Under the change, the Ministry of Justice instructed local authorities to issue the key certificate—which states a person is single and of legal age—for those wanting to enter same-sex marriages.

Nepal

See main article: Same-sex marriage in Nepal. In November 2008, Nepal's highest court issued a final judgement on matters related to LGBT rights.[82] [83] A new Nepalese constitution, approved by the Constituent Assembly on 16 September 2015, included several provisions pertaining to LGBT rights. Based on the ruling of the Supreme Court of Nepal in late 2008, the government was debating legalising same-sex marriage. Several sources suggested that the new constitution would include this provision. However, the new constitution did not address that topic explicitly.[84] [19]

In November 2023, Nepal officially recognised a same-sex marriage between a transgender woman and a cisgender man, months after the Supreme Court decision which proposed the legislation.[85] In 2024, Nepal's Ministry of Home Affairs passed an order for all counties to register same-sex marriages.[60] [86]

Philippines

See main article: Recognition of same-sex unions in the Philippines. The Philippines does not recognize same-sex marriage. The Family Code of the Philippines defines marriage as "a special contract of permanent union between a man and a woman".[87]

Taiwan

See main article: Same-sex marriage in Taiwan. In 2003, the government of Taiwan (officially the Republic of China) led by the Presidential office, proposed legislation granting marriages to same-sex couples under the Human Rights Basic Law, but it did not proceed.

On 22 December 2014, a proposed amendment to the Civil Code to legalize same-sex marriage went under review by the Judiciary Committee. If the amendment had passed the committee stage it would have been voted on at the plenary session of the Legislative Yuan in 2015. The amendment, called the marriage equality amendment, would have inserted neutral terms into the Civil Code replacing ones that imply heterosexual marriage, effectively legalizing same-sex marriage. It would also have allowed same-sex couples to adopt children. Yu Mei-nu of the Democratic Progressive Party (DPP), the convener of the legislative session, expressed support for the amendment, as did more than 20 other DPP lawmakers as well as two from the Taiwan Solidarity Union and one each from the Kuomintang and the People First Party.[88]

The Constitutional Court's J. Y. Interpretation No. 748 ruled on 24 May 2017 that laws limiting marriage to between a man and a woman were unconstitutional.[89] The panel of judges gave the Legislative Yuan two years to amend or enact new laws.[90] The court further stipulated that should the Legislative Yuan fail to amend or enact laws legalizing same-sex marriage within two years, same-sex couples would be able to marry through existing marriage registration processes at any household registration office.

On 17 May 2019, the Legislative Yuan passed the Act for Implementation of J. Y. Interpretation No. 748. The name of the law, referring to the Constitutional Court ruling two years earlier, was an attempt at compromise, employing neutral-sounding terminology.[91] [92] It was subsequently signed by the President on 22 May 2019.[93] The law came into effect on 24 May 2019, making Taiwan the first country in Asia to recognize same-sex marriage.

Europe

See main article: Recognition of same-sex unions in Europe. Same-sex civil marriages are legally recognized nationwide in Andorra, Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. In a number of other European countries, same-sex civil unions give similar or identical rights to marriage. Liechtenstein is set to introduce same-sex marriage rights in 2025.[94]

A poll conducted by EOS Gallup Europe in 2003 found that 57% of the population in the then 15-member European Union supported same-sex marriage. Support among the member states who joined in 2004 was around 28%, meaning that 53% of citizens in the 28-member EU supported legalizing same-sex marriage.[95]

Albania

See main article: Recognition of same-sex unions in Albania. Albania's government announced its intention to propose a bill allowing same-sex marriage in 2009. However, no bill has been presented as of 2023.[96]

Austria

See main article: Same-sex marriage in Austria. Austria began performing same-sex marriages and different-sex registered partnerships on 1 January 2019, after the Constitutional Court deemed that the existing laws treated same-sex couples and different-sex couples differently, and were therefore discriminatory.[97]

Belgium

See main article: Same-sex marriage in Belgium. On 1 June 2003, Belgium became the second country in the world to legally recognise same-sex marriage.

Cyprus

See main article: Recognition of same-sex unions in Cyprus. Civil cohabitations have been legal in Cyprus since 11 December 2015. The bill to establish civil cohabitation was approved by the parliament on 26 November 2015 with a 39–12 vote.[98] [99] It was published in the official gazette on 11 December 2015 and took effect upon publication.[100]

Czech Republic

See main article: Recognition of same-sex unions in the Czech Republic. On 15 March 2006, the parliament of the Czech Republic voted to override a presidential veto and allow same-sex partnerships to be recognised by law, effective 1 July 2006, granting registered couples inheritance and health care rights similar to married couples. The legislation did not grant adoption rights. The parliament had previously rejected similar legislation four times.[101] [102]

Denmark

See main article: Same-sex marriage in Denmark. On 15 June 2012, Denmark became the eleventh country in the world to legalise same-sex marriage. The autonomous territory Greenland legalised same-sex marriage on 1 April 2016, and the Faroe Islands followed on 1 July 2017.

Estonia

See main article: Same-sex marriage in Estonia.

Estonia has recognised same-sex registered partnerships since January 1, 2016.[103]

In June 2023, the Estonian Parliament passed a bill legalizing same-sex marriage and joint adoption, and giving full effect to the registered partnership law. The law commenced on 1 January 2024.[104] [105]

Finland

See main article: Same-sex marriage in Finland. Registered partnerships were performed in Finland between 2002 and 2017. Legislation for same-sex marriage was submitted by individual members of the Parliament in March 2012 but it was turned down by the Legal Affairs Committee in February 2013. A similar bill was introduced to the Parliament in December 2013 as a citizens' initiative, with the support of 160,000 people. In June 2014 the Legal Affairs Committee recommended to reject it, but on 28 November 2014 the full Parliament rejected that recommendation by a vote of 92–105, thus paving the way for the legalisation of same-sex marriage. The initiative was approved by the full session at the second reading on 12 December 2014. A new citizens' initiative was started on 29 March 2015 aiming to rescind the new marriage law. The new initiative collected almost 110,000 signatures by 29 September 2015 but it was rejected by the Legal Affairs Committee and later voted down by the full Parliament on 17 February 2017, by 120–48. The new marriage law took effect on 1 March 2017.

France

Since 1999, same-sex civil unions (PACS) have been legal in France. In June 2011, an Ifop poll found that 63% of respondents were in favour of same-sex marriage.[106] France legalised same-sex marriage on 23 April 2013.[107] The bill was confirmed in the Constitutional Court of France on 17 May 2013 and signed by the French President on 18 May 2013.

Germany

See main article: Same-sex marriage in Germany. Equal marriage (including full adoption rights) was passed by the Lower House of the German Parliament (the Bundestag) on 30 June 2017, was approved by the Upper House (the Bundesrat) on 7 July, and was signed into law on 20 July 2017 by President Frank-Walter Steinmeier. It came into effect on 1 October 2017. Registered life partnerships (Eingetragene Lebenspartnerschaft) (effectively, a form of civil union) have been instituted since 2001, giving same-sex couples most of the rights and obligations of marriage. Step-child adoption was legalized in 2004 and extended to children adopted by one partner first (successive adoption) in 2013.

Greece

See main article: Recognition of same-sex unions in Greece. In Greece, there is a legal recognition of same-sex couples since 24 December 2015. Attempts to give equal rights to registered partners or to legalize same-sex marriage began in Spring 2008, after the Greek Minister of Justice, Transparency and Human Rights announced that a bill was to be introduced to the Hellenic Parliament in order to regulate civil partnerships for opposite-sex couples, but refused to include provisions for same-sex couples as well. In 2013 the case was brought to the European Court of Human Rights, which ruled that the exclusion of same-sex couples from the bill was discriminatory and a violation of human rights. On 9 November 2015, a new bill granting same-sex couples all the rights of marriage except adoption was published. After a public consultation, which ended on 20 November 2015, the bill was submitted to the Hellenic Parliament on 9 December 2015, and approved 14 days later, on 23 December, with 194 MPs voting yes, 55 voting no and 51 being absent.[108] [109] The following day, the law was signed by the President of Greece and published in the government gazette. It took effect upon publication.[110]

Hungary

See main article: Recognition of same-sex unions in Hungary. Unregistered cohabitation has been recognized since 1996. It applies to any couple living together in an economic and sexual relationship(common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. These rights and benefits are not automatically given – they must be applied for to the social department of the local government in each case. An amendment was made to the Civil Code: "Partners – if not stipulated otherwise by law – are two people living in an emotional and economic community in the same household without being married." Widow-pension is possible, partners cannot be heirs by law (without the need for a will), but can be designated as testamentary heirs.

The Hungarian Parliament on 21 April 2009 passed legislation by a vote of 199–159, called the Registered Partnership Act 2009 which allows same-sex couples to register their relationships so they can access the same rights, benefits and entitlements as opposite-sex couples (except for the right to marriage, adoption, IVF, surrogacy, taking a surname or become the legal guardian of their partner's child). The legislation does not allow opposite-sex couples to register their relationships (out of fear that there might be duplication under the law). The law came into force on 1 July 2009.[111]

Since 1 January 2012 the Hungarian Constitution bans same-sex marriage.

Iceland

See main article: Same-sex marriage in Iceland. On 11 June 2010, a law was passed to make same-sex marriage legal in Iceland. The law took effect on 27 June 2010.[112]

Ireland

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 was first debated in Dáil Éireann on 3 December 2009. It passed in Dáil Éireann without a vote on 1 July 2010 due to all parties supporting the bill. The bill passed in Seanad Éireann on 8 July 2010 with a vote of 48–4. It was signed by the President of Ireland on 19 July 2010.

The law took effect on 1 January 2011.[113] It grants many rights to same-sex couples through civil partnerships but does not recognise both civil partners as the guardians of a child being raised by the couple. Irish law allows married couples and individuals to apply to adopt and allows gay couples to foster. The Act also gives new protections to cohabitating couples, both same-sex and opposite-sex.[114]

A referendum that took place on 22 May 2015 has amended the Irish constitution to make same-sex marriage legal.[115] The Marriage Act 2015 was signed into law on 29 October 2015.[116]

Italy

See main article: Recognition of same-sex unions in Italy. On 11 May 2016, Italian MPs voted 372 to 51, and 99 abstaining, to approve Civil Unions in Italy.[117] This came nearly a year after the European Court of Human Rights found Italy to be in breach of the European Convention of Human Rights.[118] The Italian law on Civil Unions (Legge 20 maggio 2016 N. 76) delivers all of the rights of marriage to same sex partners, except for joint adoption and stepchild adoption.[119]

Latvia

In December 2005, the Latvian Parliament passed a constitutional amendment defining marriage as a union between a man and a woman. President Vaira Vike-Freiberga signed the amendment shortly afterward.

On 12 November 2020, the Constitutional Court of Latvia issued a ruling in favor of same-sex couples receiving rights and benefits equal to married opposite-sex couples. The Court gave the Saeima until 1 June 2022 to enact legislation. In December 2021, the Supreme Court ruled that if legislation failed before the deadline that couples could register with courts to recognize their relationships. The first civil union was recognized on 30 May 2022.

Malta

See main article: Same-sex marriage in Malta. On 14 April 2014, the Maltese parliament voted in favour of civil unions at par with marriage (equal to marriage in all but the name) with all rights and obligations, including the right to adoption and recognition of same-sex marriage contracted abroad. The first foreign same-sex marriage was registered on 29 April 2014 and the first civil unions began on 14 June 2014.[120] On 12 July 2017, Malta legalized same-sex marriage with a near unanimous parliamentary vote.[121]

Netherlands

The Netherlands became the first country in the world to legalise same-sex marriages on 1 April 2001. The possibility exists in its European territory as well as in the special municipalities of Bonaire, Sint Eustatius and Saba (known as the Caribbean Netherlands) and the constituent countries of Aruba and Curaçao, while those marriages are also recognised in Sint Maarten.

Norway

See main article: Same-sex marriage in Norway. Same-sex marriage is legally performed in Norway. The Norwegian government proposed a gender-neutral marriage law on 14 March 2008, that would give same-sex couples the same rights as heterosexuals, including church weddings, adoption and assisted pregnancies. On 29 May 2008, the Associated Press reported that two Norwegian Opposition parties came out in favor of the new bill, assuring the bill's passage when the vote was held on 11 June. Prior to this, there were some disagreements with members of the three-party governing coalition on whether the bill had enough votes to pass. With this, it became almost certain that the bill would pass.[122]

The first hearings and the vote were held, and passed, on 11 June 2008. 84 votes for and 41 against. This also specified that when a woman who is married to another woman becomes pregnant through artificial insemination, the partner would have all the rights of parenthood "from the moment of conception". The law became effective from 1 January 2009.[123]

Norway was also the second country to legalize registered partnerships, doing so in 1993. Since 1 January 2009, all registered partnerships from 1993 to 2008 were upon request by the couples upgraded to marriage status.

Portugal

See main article: Same-sex marriage in Portugal. In March 2001, the Socialist government of Prime Minister António Guterres introduced legislation that would extend to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years.

Same-sex marriage became a source of debate in February 2006 when a lesbian couple was denied a marriage license. They took their case to court alleging violation of the 1976 constitution which prohibits discrimination based on one's sexual orientation. Prime Minister José Sócrates of the Socialist Party was reelected in September 2009 and included same-sex marriage in his party's program. A bill recognizing same-sex marriage was proposed by the government and approved by parliament on 8 January 2010.[124] However, Portugal's parliament rejected alternative proposals that included a provision to allow homosexual couples to adopt as a couple (single homosexuals can legally adopt).[125] Although personally against it, the Portuguese President ratified the bill on 17 May 2010. The law became effective on 5 June 2010, after publication in the official gazette, on 31 May. The first marriage was celebrated on 7 June 2010 between Teresa Pires and Helena Paixão, the same lesbian couple that was denied a marriage licence in 2006.

Slovenia

See main article: Same-sex marriage in Slovenia. In July 2006, Slovenia became the first former Yugoslav country to introduce domestic partnerships nationwide.[126] In December 2009 the Slovenian government approved a new Family Code, which includes same-sex marriage and same-sex adoption. The bill was approved by parliament, but rejected by voters in a 2015 referendum. On 24 February 2017, a new law came into effect which gives same-sex partnerships all the legal rights of marriages, with the exception of adoption and in-vitro fertilisation.[127] [128] On 8 July 2022, the Slovenian Constitutional Court ruled that same-sex marriage and joint adoption by same-sex couples were legal. Parliament was given six months to bring legislation in line with the constitution, although the ruling took effect immediately.

Spain

See main article: Same-sex marriage in Spain. Spain became the third country in the world (after the Netherlands and Belgium) to legalize same-sex marriage. After being elected in June 2004, Spanish prime minister José Luis Rodríguez Zapatero restated his pre-election pledge to push for legalization of same-sex marriage.[129] On 1 October 2004, the Spanish Government approved a bill to legalize same-sex marriage, including adoption rights. The bill received full parliamentary approval on 30 June 2005 and passed into law on 2 July, becoming fully legal on 3 July. Polls at the time suggested that 62% to 76% of Spain supports same-sex marriage,[130] [131] [132] while recent polls indicate that 77% of Spaniards supported same-sex marriage, 13% were opposed and 10% did not know or refused to answer[133] and the 2019 Eurobarometer found that 86% of Spaniards thought same-sex marriage should be allowed throughout Europe, while 9% were opposed.[134]

Sweden

See main article: Same-sex marriage in Sweden. Following a bill introduced jointly by six of the seven parties in the Riksdag, a gender-neutral marriage law was adopted on 1 April 2009.[135] It came into force on 1 May, replacing the old legislation on registered partnerships.[136] On 22 October, the assembly of the Church of Sweden (which is no longer officially the national church but whose assent was needed for the new system to function smoothly with regard to church officials) voted strongly in favor of the new law.

Switzerland

See main article: Same-sex marriage in Switzerland. Switzerland allowed registered partnerships for same-sex couples since 1 January 2007. A legislative initiative to legalize same-sex marriage was introduced in 2013 in the Swiss parliament. This legislation was passed on 18 December 2020, but the act remains subject to a referendum if 50,000 citizens request it within three months after its passage.[137]

On 26 September 2021, 64.1% of the population voted in favour of allowing same-sex couples to marry, with 35.9% voting against. Switzerland therefore now allows same-sex marriage, as well as access to sperm banks for lesbian couples, and same-sex couples to adopt children.[138]

United Kingdom

England and Wales

On 18 November 2004 the United Kingdom Parliament passed the Civil Partnership Act, which came into force in December 2005 and allows same-sex couples in England and Wales to register their partnership. The government stressed during the passage of the bill that it is not same-sex marriage, and some same-sex rights activists have criticized the act for not using the terminology of marriage. However, the rights and duties of partners under this legislation are exactly the same as for married couples. An amendment proposing similar rights for family members living together was rejected. The press widely referred to these unions as "gay marriage." [139] During and following the 2010 election, all parties stated they were in favor of allowing same-sex marriage in the UK.[140] [141] Following a public consultation, as of 2013 a bill allowing same-sex marriage in England and Wales, and also providing an exemption for conducting of same-sex marriage ceremonies for religious bodies whose doctrines oppose such relationships, passed its second reading on 5 February 2013 in a 400–175 vote. The bill passed its third reading in the House of Lords on 15 July 2013[142] and the Commons accepted all of the Lords' amendments on the following day, with Royal Assent granted on 17 July 2013. The law went into effect on 29 March 2014.

Scotland

In Scotland, which is a separate legal jurisdiction, the devolved Scottish Parliament also introduced Civil Partnerships, and performed also a consultation on the issue of same-sex marriage. On 25 July 2012 the Scottish Government announced it would bring forward legislation to legalise both civil and religious same-sex marriage in Scotland. The Government reiterated its intention to ensure that no religious group or individual member of the clergy would be forced to conduct such ceremonies; it also stated its intention to work with Westminster to make necessary changes to the Equality Act to ensure that this would be guaranteed.[143] [144]

On 4 February 2014, the Scottish Parliament passed the Marriage and Civil Partnership (Scotland) Act 105 to 18, legalizing same-sex marriage with effect from 16 December 2014.

Northern Ireland

Same-sex marriage is legal in Northern Ireland. Under the Northern Ireland (Executive Formation etc) Act 2019, regulations were passed to legalise same-sex marriage on 13 January 2020. The first same-sex wedding took place on 11 February 2020.[145]

Oceania

See main article: Recognition of same-sex unions in Oceania.

Australia

See main article: Same-sex marriage in Australia. Australia became the second nation in Oceania to legalise same-sex marriage when the Australian Parliament passed a bill on 7 December 2017.[146] The bill received royal assent on 8 December, and took effect on 9 December 2017.[147] [148] The law removed the ban on same-sex marriage which previously existed and followed a voluntary postal survey held from 12 September to 7 November 2017, which returned a 61.6% Yes vote for same-sex marriage.[149] The same legislation also legalised same-sex marriage in all of Australia's external territories.[148]

Fiji

On 26 March 2013, Prime Minister Frank Bainimarama expressed his opposition to same-sex marriage. Answering a question from a caller on a radio talk show, he stated that same-sex marriage "will not be allowed because it is against religious beliefs".[150] [151]

New Zealand

See main article: Same-sex marriage in New Zealand. Civil unions, which grant all of the same rights and privileges as marriage excluding adoption, have been legal since 2005.

On 17 April 2013, the Marriage (Definition of Marriage) Amendment Bill, a private member's bill sponsored by lesbian Labour MP Louisa Wall that would legalise same sex marriage was passed by Parliament, 77 votes to 44.[152] The bill received Royal Assent from the Governor-General on 19 April and took effect on 19 August 2013.[153]

In the first year after the law came into effect, 926 same-sex marriages were registered in New Zealand, including 532 marriages (57.5%) between New Zealand citizens, and 237 marriages (25.6%) between Australian citizens.[154] [155]

Samoa

Samoa is a deeply conservative Christian nation.[156] In 2012, Prime Minister Tuilaepa Sailele Malielegaoi was dismissive of the idea of same-sex marriage being adopted in Samoa, and indicated that he would not support it.[157] He reiterated this position, on explicitly religious grounds, in March 2013.[158]

Religious recognition

See main article: Religious views on same-sex marriage.

The religious status of same-sex marriage has been changing since the late 20th century and varies greatly among different world religions. This section distinguishes religions that recognize same-sex marriage or unions in some way from those that do not.

Recognized

Some religious institutions that recognize same-sex relationships avoid using the terms "marriages" or "weddings", and instead call them "blessings" or "unions." Some religious groups allow individual congregations to set their own policies regarding the blessing of same-sex relationships.

The following institutions have recognized same-sex relationships in some fashion, either as individual congregations or as a denomination-wide policy:

Christianity

Judaism

Other

Not recognized

The following religious traditions or institutions do not recognize same-sex marriage or unions in any congregation, and may view same-sex relationships as immoral.

Christianity

Judaism

Others

See also

Notes and References

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