Same-sex marriage legislation around the world
Encyclopedia
Same-sex marriage
is currently carried out throughout ten countries: the Netherlands
, Belgium
, Spain
, Canada
, South Africa
, Norway
, Sweden
, Portugal
, Iceland, and Argentina. Six U.S. states and one U.S. district perform same-sex marriages, those being Massachusetts
, Connecticut
, Iowa
, Vermont, New Hampshire, New York
. and the District of Columbia. Mexico City
also performs same-sex marriages, which are recognized in all 31 Mexican states. Same sex marriage is recognised, but not performed, in Israel.
Numerous other countries and regions also grant some form of recognition to same-sex couples; though do not provide same-sex marriage. Often these laws offer most if not all the rights that marriage offers. The issue of same-sex marriage has been a controversial debate throughout the world, and several regions and countries have passed statutory
and constitutional amendment
s that explicitly prohibit the legal recognition of same-sex marriage, sometimes also barring any form of recognition.
The issue of granting marriage
to same-sex couples
is controversial in many jurisdictions, and therefore, many governments tend to opt for creating a civil union
or unregistered cohabitation
for same-sex couples. Currently, the debate of legalizing same-sex marriage has been officially proposed in almost a dozen countries, and debates over other forms of recognition continue within several others.
has been "consistently and uniformly understood as indicating that" the obligation of State Parties to the Covenant is "to recognize as marriage only the union between a man and a woman wishing to marry each other". On European Level, the European Court of Human Rights
(ECtHR), in its decision on the case of Schalk and Kopf vs. Austria
, has come to the same conclusion.
in June 1989. Prior to the legislation, a number of countries had passed acts recognizing same-sex couples under an unregistered cohabitation
, though none of these were registered. Following the implantation in Denmark, a series of countries, mostly European, later passed bills that created a various form of same-sex union.
The first same-sex marriage bill to ever be voted on
was passed in the Netherlands
in December 2000 and went into force in 2001. Belgium
later passed a same-sex marriage bill
in 2003, with Spain
(2005), Canada
(2005) and South Africa
(2006) becoming the next three countries to pass such acts. Same-sex marriage was later legalized in both Norway
and Sweden
in 2009 and then Portugal
, Iceland
and Argentina
in 2010.
Legislation to allow same sex marriage is being considered in the United Kingdom
, Nepal
, Luxembourg
, Denmark
, Finland
and Uruguay
.
A number of same-sex union bills will be introduced soon before various legislatures, with the registered partnership bill in Greece and the cohabitation bill in Malta
. Also civil partnership legislation in the British crown territory of Jersey is to be assented soon by the Queen's representative.
Notes:
Replaced by the gender-neutral marriage law.
The Spanish Senate voted 131 "yes" to 119 "no" to veto the law. The veto was later overridden by the Spanish Congress of Deputies.
Veto overridden.
Ruled unconstitutional.
According to the 1974 Constitution
, the King of Sweden is head of state but does not sign or veto any laws enacted by Parliament
.
In countries with a federal
system of governance states and territories can often grant recognition to same-sex couples in their own jurisdictions. In Australia
these have twice been overturned by the federal government. In December 2009 Mexico City
become the first region in Latin America
to legalize same-sex marriage.
Notes: Legislation overturned by federal government.
or other rights to same-sex couples in various countries, some countries and 30 US states have passed constitutional amendment
s banning a variety of same-sex unions; with some banning only marriage, others banning marriage and legislation providing "similar rights," some prohibiting the government from establishing any form of same-sex union, and others going as far to ban the prior as well as prohibiting private contracts, including will
s, for same-sex couples. The majority of countries with constitutional amendments prohibiting same-sex marriage passed such acts via constitutional referendum, with the amendment being one out of many within a proposed constitution submitted to the people by the government.
Note:
The amendment was initially passed in April 2009, but was rejected in a second vote in October 2009.
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
is currently carried out throughout ten countries: the Netherlands
Same-sex marriage in the Netherlands
Same-sex marriage has been legal in the Netherlands since 1 April 2001...
, Belgium
Same-sex marriage in Belgium
On June 1, 2003, Belgium became the second country in the world to legally recognize same-sex marriage, with some restrictions. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions...
, Spain
Same-sex marriage in Spain
Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples...
, Canada
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
, South Africa
Same-sex marriage in South Africa
Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal...
, Norway
Same-sex marriage in Norway
Same-sex marriage became legal in Norway on January 1, 2009 when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008...
, Sweden
Same-sex marriage in Sweden
Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament on 1 April 2009, making Sweden the seventh country in the world to open marriage to same sex couples nationwide...
, Portugal
Same-sex marriage in Portugal
Same-sex marriage has been legal in Portugal since June 5, 2010. The government of Prime Minister José Sócrates introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic in February 2010. The bill was declared legally valid by the Portuguese Constitutional...
, Iceland, and Argentina. Six U.S. states and one U.S. district perform same-sex marriages, those being Massachusetts
Same-sex marriage in Massachusetts
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...
, Connecticut
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
, Iowa
Same-sex marriage in Iowa
Same-sex marriage in the U.S. state of Iowa became legal on April 3, 2009.Iowa's first dealings with same-sex marriage came in 1998, after recent court cases on same-sex unions, starting in Hawaii, found that denying the right to marry to same-sex couples was incompatible with the Equal Protection...
, Vermont, New Hampshire, New York
Same-sex marriage in New York
Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day...
. and the District of Columbia. Mexico City
Same-sex marriage in Mexico City
Same-sex marriage is legal in Mexico City —the Federal District of Mexico— having been approved by its Legislative Assembly on 21 December 2009, and signed into law by Head of Government Marcelo Ebrard on 29 December 2009...
also performs same-sex marriages, which are recognized in all 31 Mexican states. Same sex marriage is recognised, but not performed, in Israel.
Numerous other countries and regions also grant some form of recognition to same-sex couples; though do not provide same-sex marriage. Often these laws offer most if not all the rights that marriage offers. The issue of same-sex marriage has been a controversial debate throughout the world, and several regions and countries have passed statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
and constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s that explicitly prohibit the legal recognition of same-sex marriage, sometimes also barring any form of recognition.
The issue of granting marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
to same-sex couples
Same-sex relationship
A same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...
is controversial in many jurisdictions, and therefore, many governments tend to opt for creating a civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
or unregistered cohabitation
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...
for same-sex couples. Currently, the debate of legalizing same-sex marriage has been officially proposed in almost a dozen countries, and debates over other forms of recognition continue within several others.
International level
Several attempts have been made to establish a right to same-sex marriage at international level through strategic litigation. These attempts have remained unsuccessful. In the case of Joslin vs. New Zealand, the UN Human Rights Committee found that the right to marry under article 23, paragraph 2, of the International Covenant on Civil and Political RightsInternational Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
has been "consistently and uniformly understood as indicating that" the obligation of State Parties to the Covenant is "to recognize as marriage only the union between a man and a woman wishing to marry each other". On European Level, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
(ECtHR), in its decision on the case of Schalk and Kopf vs. Austria
Schalk and Kopf vs. Austria
Schalk and Kopf v. Austria is a case decided in 2010 by the European Court of Human Rights in which it was clarified that the European Convention on Human Rights does not oblige member states to legislate for or legally recognize same-sex marriages.- Facts of the case :The applicants are a...
, has come to the same conclusion.
National level
The first registered same-sex union bill was successfully passed in DenmarkDenmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
in June 1989. Prior to the legislation, a number of countries had passed acts recognizing same-sex couples under an unregistered cohabitation
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...
, though none of these were registered. Following the implantation in Denmark, a series of countries, mostly European, later passed bills that created a various form of same-sex union.
The first same-sex marriage bill to ever be voted on
Same-sex marriage in the Netherlands
Same-sex marriage has been legal in the Netherlands since 1 April 2001...
was passed in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
in December 2000 and went into force in 2001. Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
later passed a same-sex marriage bill
Same-sex marriage in Belgium
On June 1, 2003, Belgium became the second country in the world to legally recognize same-sex marriage, with some restrictions. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions...
in 2003, with Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
(2005), Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
(2005) and South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
(2006) becoming the next three countries to pass such acts. Same-sex marriage was later legalized in both Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
and Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
in 2009 and then Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
and Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
in 2010.
Legislation to allow same sex marriage is being considered in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
and Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
.
A number of same-sex union bills will be introduced soon before various legislatures, with the registered partnership bill in Greece and the cohabitation bill in Malta
Recognition of same-sex unions in Malta
Malta does not currently legally recognise same-sex unions. However, in the past few years, there is increasing debate on the issue.-Political party viewpoints:...
. Also civil partnership legislation in the British crown territory of Jersey is to be assented soon by the Queen's representative.
| Country | Date | Same-sex union | Upper House | Lower house | Head of State | Final outcome |
||
|---|---|---|---|---|---|---|---|---|
| Yes | No | Yes | No | |||||
 NetherlandsSame-sex marriage in the Netherlands Same-sex marriage has been legal in the Netherlands since 1 April 2001... |
1979 | Unregistered cohabitation | Passed | Passed | Signed |  |
||
| Netherlands Same-sex marriage in the Netherlands Same-sex marriage has been legal in the Netherlands since 1 April 2001... |
1981 | Unregistered cohabitation (expansion) | Passed | Passed | Signed | |
||
 Denmark |
1986 | Unregistered cohabitation | n/a | Passed | Signed | |
||
 SwedenSame-sex marriage in Sweden Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament on 1 April 2009, making Sweden the seventh country in the world to open marriage to same sex couples nationwide... |
1987 | Unregistered cohabitation | n/a | Passed | n/a | |
||
| Denmark |
Registered partnership | n/a | 71 | 47 | Signed | |
||
 Norway |
Unregistered cohabitation | Passed | Passed | Signed | |
|||
| Norway Same-sex marriage in Norway Same-sex marriage became legal in Norway on January 1, 2009 when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008... |
Registered partnership | 18 | 16 | 58 | 40 | Signed | |
|
| Sweden Same-sex marriage in Sweden Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament on 1 April 2009, making Sweden the seventh country in the world to open marriage to same sex couples nationwide... |
Registered partnership | n/a | 171 | 141 | n/a | |
||
 CanadaSame-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
1995 | Same-sex marriage | - | - | 52 | 124 | - |  |
 HungaryRecognition of same-sex unions in Hungary Hungary provides registered partnerships to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation of same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in... |
Unregistered cohabitation | n/a | 207 | 73 | Signed | |
||
 Iceland |
June 1996 | Registered partnership | n/a | Passed | Signed | |
||
| Netherlands Same-sex marriage in the Netherlands Same-sex marriage has been legal in the Netherlands since 1 April 2001... |
Registered partnership | Passed | Passed | Signed | |
|||
 SlovakiaRecognition of same-sex unions in Slovakia There is no legal recognition of same-sex couples in Slovakia. Bills to recognise same-sex partnerships were introduced twice, in 1997 and in 2000, but were rejected... |
1997 | Registered partnership | n/a | Failed | – | |
||
 Czech Republic |
Registered partnership | – | – | Failed | – | |
||
 FrancePacte civil de solidarité In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage... |
Pacte civil de solidarité | - | - | Failed | – | |
||
 BelgiumSame-sex marriage in Belgium On June 1, 2003, Belgium became the second country in the world to legally recognize same-sex marriage, with some restrictions. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions... |
Registered partnership | Passed | Passed | Signed | |
|||
| France Pacte civil de solidarité In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage... |
Pacte civil de solidarité | Passed | 315 | 249 | Signed | |
||
| Czech Republic |
Registered partnership | – | – | 69 | 91 | – | |
|
 Germany |
Life partnership | Passed | Passed | Signed | |
|||
| Netherlands Same-sex marriage in the Netherlands Same-sex marriage has been legal in the Netherlands since 1 April 2001... |
Same-sex marriage | 49 | 26 | 109 | 33 | Signed | |
|
| Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
2000 | Unregistered cohabitation | Passed | Passed | Signed | |
||
 New Zealand |
2000 | Unregistered cohabitation | n/a | 70 | 44 | Signed | |
|
| Slovakia Recognition of same-sex unions in Slovakia There is no legal recognition of same-sex couples in Slovakia. Bills to recognise same-sex partnerships were introduced twice, in 1997 and in 2000, but were rejected... |
2000 | Registered partnership | n/a | Failed | – | |
||
 Portugal |
Unregistered cohabitation | n/a | Passed | Signed | |
|||
 Finland |
Registered partnership | n/a | 99 | 84 | Signed | |
||
| Czech Republic |
Registered partnership | – | – | Failed | – | |
||
| Czech Republic |
2001 | Unregistered cohabitation | Passed | Passed | Signed | |
||
| Belgium Same-sex marriage in Belgium On June 1, 2003, Belgium became the second country in the world to legally recognize same-sex marriage, with some restrictions. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions... |
Same-sex marriage | 46 | 15 | 91 | 22 | Signed | |
|
 Croatia |
Unregistered cohabitation | Passed | n/a | Signed | |
|||
 Liechtenstein |
2003 | Registered partnership | 10 | 15 | n/a | – | |
|
 Luxembourg |
July 2004 | Civil partnership | n/a | Passed | Signed | |
||
 United Kingdom |
Civil partnership | 251 | 136 | 426 | 29 | Signed | |
|
| Germany |
Life partnership (expansion) | Passed | Passed | Signed | |
|||
| New Zealand |
Civil union | n/a | 65 | 55 | Signed | |
||
| Norway Same-sex marriage in Norway Same-sex marriage became legal in Norway on January 1, 2009 when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008... |
2004 | Same-sex marriage | – | – | Failed | – | |
|
 PanamaLGBT rights in Panama Lesbian, gay, bisexual, and transgender persons in Panama may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Panama, but same-sex couples and households headed by same-sex couples are not eligible for the same legal... |
2004 | Civil union | n/a | Failed | – | |
||
| Czech Republic |
Registered partnership | – | – | Failed | – | |
||
 AndorraRecognition of same-sex unions in Andorra In March 2005, the Principality of Andorra legalised the stable union of a couple.This new law took effect without the signature of the episcopal co-prince Joan Enric, the current Bishop of Urgell... |
Stable union of a couple | n/a | Passed | Signed | |
|||
 Slovenia |
Registered partnership | – | – | Failed | – | |
||
 Switzerland |
Registered partnership | Nationwide referendum Swiss referendum, June 2005 The June 2005 Swiss referendum took place on 5 June 2005 with two questions on the ballot. One question was on whether Switzerland should accede to the Schengen Agreement and become part of the Schengen Area. The other question was to decide if registered partnerships for same-sex couples should be... (58%) |
|
|||||
 SpainSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Same-sex marriage | Vetoed | 183 | 136 | Signed | |
||
| Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
Same-sex marriage | 47 | 21 | 158 | 133 | Signed | |
|
| Slovenia |
Registered partnership | Passed | 44 | 3 | Signed | |
||
 Poland |
2005 | Registered partnership | 38 | 23 | – | – | – | |
| Czech Republic |
Registered partnership | 65 | 14 | 86 | 54 | Vetoed | |
|
| France Pacte civil de solidarité In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage... |
Pacte civil de solidarité (expansion) | Passed | Passed | Signed | |
|||
 South AfricaSame-sex marriage in South Africa Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal... |
Same-sex marriage | 36 | 11 | 230 | 41 | Signed | |
|
| Portugal |
Unregistered cohabitation (expansion) | n/a | Passed | Vetoed | |
|||
 ColombiaRecognition of same-sex unions in Colombia Colombia has no laws providing for same-sex marriage. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions , which were previously available only to heterosexual couples and which provide all of the rights of marriage... |
Civil union | 29 | 34 | 62 | 43 | – | |
|
| Luxembourg |
Same-sex marriage | n/a | 22 | 38 | – | |
||
| Hungary Recognition of same-sex unions in Hungary Hungary provides registered partnerships to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation of same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in... |
Registered partnership | n/a | 185 | 154 | Signed | |
||
 UruguayCivil unions in Uruguay On January 1, 2008, Uruguay became the first Latin American country to have a national civil union law, titled Ley de Unión Concubinaria.The bill for legalization, proposed by Senator Margarita Percovich of the Broad Front, was passed in Chamber of Deputies on 29 November 2007 after having been... |
Cohabitation union | Passed | Passed | Signed | |
|||
| Norway Same-sex marriage in Norway Same-sex marriage became legal in Norway on January 1, 2009 when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008... |
Same-sex marriage | 23 | 17 | 84 | 41 | Signed | |
|
 Ecuador |
Civil union | Constitutional referendum Ecuadorian constitutional referendum, 2008 A constitutional referendum was held in Ecuador on 28 September 2008 to ratify or reject the constitution drafted by the Ecuadorian Constituent Assembly elected in 2007. Partial results show that 64% of voters voted to approve the new constitution.... (63.93%) |
|
|||||
| Portugal Same-sex marriage in Portugal Same-sex marriage has been legal in Portugal since June 5, 2010. The government of Prime Minister José Sócrates introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic in February 2010. The bill was declared legally valid by the Portuguese Constitutional... |
Same-sex marriage | n/a | Failed | – | |
|||
 Australia |
Unregistered cohabitation | Passed | Passed | Signed | |
|||
| Sweden Same-sex marriage in Sweden Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament on 1 April 2009, making Sweden the seventh country in the world to open marriage to same sex couples nationwide... |
Same-sex marriage | n/a | 261 | 22 | n/a | |
||
| Hungary Recognition of same-sex unions in Hungary Hungary provides registered partnerships to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation of same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in... |
Registered partnership | n/a | 199 | 159 | Signed | |
||
| France Pacte civil de solidarité In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage... |
Foreign unions as PACS | Passed | Passed | Signed | |
|||
| Portugal |
Unregistered cohabitation (expansion) | n/a | Passed | Vetoed | |
|||
 Austria |
Registered partnership | 44 | 8 | 110 | 64 | Signed | |
|
| Portugal Same-sex marriage in Portugal Same-sex marriage has been legal in Portugal since June 5, 2010. The government of Prime Minister José Sócrates introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic in February 2010. The bill was declared legally valid by the Portuguese Constitutional... |
Civil union | n/a | Failed | – | |
|||
| Hungary Recognition of same-sex unions in Hungary Hungary provides registered partnerships to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation of same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in... |
Unregistered cohabitation (expansion) | n/a | Passed | Vetoed | |
|||
| Australia |
Same-sex marriage | 5 | 45 | – | – | – | |
|
| Portugal Same-sex marriage in Portugal Same-sex marriage has been legal in Portugal since June 5, 2010. The government of Prime Minister José Sócrates introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic in February 2010. The bill was declared legally valid by the Portuguese Constitutional... |
Same-sex marriage | n/a | Passed | Signed | |
|||
| Denmark |
Same-sex marriage | n/a | 51 | 57 | – | |
||
| Iceland |
Same-sex marriage | n/a | 49 | 0 | Signed | |
||
 Ireland |
Civil partnership | 48 | 4 | Passed | Signed | |
||
 Argentina |
Same-sex marriage | 33 | 27 | 125 | 109 | Signed | |
|
| Luxembourg |
Civil partnership (expansion) | n/a | Passed | Signed | |
|||
| Portugal |
Unregistered cohabitation (expansion) | n/a | Passed | Signed | |
|||
| Germany |
Same-sex marriage | Failed | - | – | |
|||
| Germany |
Life partnership (expansion) | - | Failed | – | |
|||
| Germany |
Life partnership (expansion) | Failed | - | – | |
|||
| France Same-sex marriage in France Same-sex marriage cannot legally be performed in France, though some foreign same-sex marriages are recognized and the PACS, which confers some of the same rights and responsibilities as marriage, is available to same-sex couples.... |
June 2011 | Same-sex marriage | - | - | 222 | 293 | - | |
| Liechtenstein |
Registered partnership | Nationwide referendum Liechtenstein registered partnership referendum, 2011 A referendum on approving the registered partnership law was held in Liechtenstein from 17 June to 19 June 2011. The registered partnership law was approved by 68.8 percent of voters and went into effect on 1 September 2011.-Background:... (68%) |
|
|||||
| Germany |
June 2011 | Life partnership (expansion) | Failed | - | - | |
||
| Slovenia |
Registered partnership (expansion) | Passed | 43 | 38 | ... | |||
 NepalSame-sex marriage in Nepal On November 17, 2008, Nepal’s Supreme Court ruled in favor of laws to guarantee full rights to LGBT people, and all gender minorities must be defined as “natural persons” under the law; this included the right to marry... |
May 2012 | Same-sex marriage | n/a | Pending | ... | |||
| Denmark |
Spring 2012 | Same-sex marriage | n/a | Proposed | ... | |||
| Australia |
2012 | Same-sex marriage | Pending | ... | ... | |||
| Colombia Recognition of same-sex unions in Colombia Colombia has no laws providing for same-sex marriage. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions , which were previously available only to heterosexual couples and which provide all of the rights of marriage... |
2012 | Same-sex marriage | ... | ... | Proposed | ... | ||
| Finland |
2012 | Same-sex marriage | n/a | Proposed | ... | |||
| Luxembourg |
Same-sex marriage | n/a | Pending | ... | ||||
| United Kingdom Same-sex marriage in the United Kingdom Same-sex marriage is not currently legal in the United Kingdom. Marriage laws vary in the countries of the UK, however they all currently prohibit marriages between same-sex couples. Since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal... |
2012 | Same-sex marriage | Proposed | ... | ... | |||
| Uruguay Civil unions in Uruguay On January 1, 2008, Uruguay became the first Latin American country to have a national civil union law, titled Ley de Unión Concubinaria.The bill for legalization, proposed by Senator Margarita Percovich of the Broad Front, was passed in Chamber of Deputies on 29 November 2007 after having been... |
2012 | Same-sex marriage | ... | Pending | ... | |||
 Bolivia |
2012 | Civil union | ... | ... | Pending | ... | ||
 Chile |
2012 | Civil union | ... | ... | Pending | ... | ||
| Colombia Recognition of same-sex unions in Colombia Colombia has no laws providing for same-sex marriage. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions , which were previously available only to heterosexual couples and which provide all of the rights of marriage... |
2012 | Civil union | ... | ... | Pending | ... | ||
 Costa Rica |
2012 | Civil union | ... | ... | Pending | ... | ||
 CubaRecognition of same-sex unions in Cuba Currently, Cuba does not recognize same-sex marriage, civil unions, or any other form of status for same-sex couples. A civil union proposal was first made in 2007, though was never brought up for a vote... |
2012 | Civil union | ... | ... | Proposed | ... | ||
 Estonia |
2012 | Civil partnership | n/a | Proposed | ... | |||
 Greece |
2012 | Registered partnership | n/a | Proposed | ... | |||
 MaltaRecognition of same-sex unions in Malta Malta does not currently legally recognise same-sex unions. However, in the past few years, there is increasing debate on the issue.-Political party viewpoints:... |
2012 | Unregistered cohabitation | n/a | Pending | ... | |||
 PeruLGBT rights in Peru Lesbian, gay, bisexual, and transgender persons in Peru may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity among consenting adults are legal. An exception was previously made for all military and police personnel, who could be punished with between 60 days to... |
2012 | Civil union | ... | ... | Pending | ... | ||
| Poland |
2012 | Registered partnership | ... | Proposed | ... | |||
Notes:
Replaced by the gender-neutral marriage law.
The Spanish Senate voted 131 "yes" to 119 "no" to veto the law. The veto was later overridden by the Spanish Congress of Deputies.
Veto overridden.
Ruled unconstitutional.
According to the 1974 Constitution
Constitution of Sweden
The Swedish Constitution consists of four fundamental laws :* The 1810 Act of Succession * The 1949 Freedom of the Press Act * The 1974 Instrument of Government * The 1991 Fundamental Law on Freedom of Expression...
, the King of Sweden is head of state but does not sign or veto any laws enacted by Parliament
Parliament of Sweden
The Riksdag is the national legislative assembly of Sweden. The riksdag is a unicameral assembly with 349 members , who are elected on a proportional basis to serve fixed terms of four years...
.
Sub-national level
- For status in U.S. states, see Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
In countries with a federal
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
system of governance states and territories can often grant recognition to same-sex couples in their own jurisdictions. In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
these have twice been overturned by the federal government. In December 2009 Mexico City
Mexico City
Mexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...
become the first region in Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
to legalize same-sex marriage.
| State/Territory | Country | Date | Same-sex union | Upper House | Lower house | Head of State | Final outcome |
||
|---|---|---|---|---|---|---|---|---|---|
| Yes | No | Yes | No | ||||||
 OntarioSame-sex marriage in Ontario The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001.... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
June 1994 | Domestic partnership | n/a | 58 | 69 | - | |
|
 Australian Capital TerritoryRecognition of same-sex unions in the Australian Capital Territory The Australian Capital Territory was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia... |
Australia |
1994 | Unregistered cohabitation | n/a | Passed | Signed | |
||
 GreenlandLGBT rights in Greenland Lesbian, gay, bisexual, transgender rights in Greenland are very similar to those in Denmark, and are among the most liberal in the world, but do not allow full marriage. Same-sex sexual activity is legal, with an equal age of consent, and there are broad anti-discrimination laws... |
Denmark |
April 1996 | Registered partnership | n/a | Passed | Signed | |
||
 CataloniaSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
June 1998 | Stable union of couple | n/a | Passed | Signed | |
||
 AragonSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
March 1999 | Stable couple | n/a | Passed | Signed | |
||
 QuebecCivil unions in Quebec Civil unions in Quebec are available in Quebec to both opposite-sex and same-sex couples and generally creates the same rights for the partners as a traditional marriage.As a result of a range of activism and to the M. v... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
May 1999 | Unregistered cohabitation | n/a | Passed | Signed | |
||
| Ontario Same-sex marriage in Ontario The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001.... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
October 1999 | Unregistered cohabitation | n/a | Passed | Signed | |
||
 New South WalesLGBT rights in New South Wales -Activism and decriminalization:The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's fist gay rights organisations. C.A.M.P... |
Australia |
1999 | Unregistered cohabitation | Passed | Passed | Signed | |
||
| Navarra Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2000 | Stable couple | n/a | Passed | Signed | |
||
 Nova ScotiaDomestic partnership in Nova Scotia Since June 4, 2001, the Canadian province of Nova Scotia has offered Domestic partnership registration to unmarried couples, both same-sex and different-sex, thereby entitling them to some, but not all, of the rights and benefits of marriage.-Legislation:... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
November 2000 | Domestic partnership | n/a | Passed | Signed | |
||
 SaskatchewanSame-sex marriage in Saskatchewan Saskatchewan has recognized same-sex marriage, as of November 5, 2004.On September 27, 2004, Saskatchewan Justice Minister Frank Quennell told CBC News that neither he nor the province will take a stand on the issue of same-sex marriage.... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
July 2001 | Unregistered cohabitation | n/a | Passed | Signed | |
||
 VictoriaLGBT rights in Victoria (Australia) While Victoria was at the forefront of the gay rights movement in the 1960s and 1970s, it has never taken the lead in gay rights legislation. Gay sex between men was legalised in 1980. Discrimination on the basis of sexual orientation was outlawed in 2000. Victoria has a Domestic Partnership... |
Australia |
August 2001 | Unregistered cohabitation | Passed | Passed | Signed | |
||
 ValenciaSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2001 | De facto couple | n/a | Passed | Signed | |
||
 MadridSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2001 | De facto couple | n/a | Passed | Signed | |
||
 Balearic IslandsSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2001 | Stable couple | n/a | Passed | Signed | |
||
 ManitobaCommon-law relationships in Manitoba Common-law relationships in Manitoba are government-sanctioned relationships available to both same-sex and different-sex unmarried couples in the Canadian province of Manitoba. While not as extensive as the rights and benefits of marriage, these relationships provide some important benefits to... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
2001 | Common-law relationship | n/a | Passed | Signed | |
||
| Quebec Civil unions in Quebec Civil unions in Quebec are available in Quebec to both opposite-sex and same-sex couples and generally creates the same rights for the partners as a traditional marriage.As a result of a range of activism and to the M. v... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
June 2002 | Civil union | n/a | Passed | Signed | |
||
 AlbertaAdult interdependent relationship in Alberta Since 2003, Adult interdependent relationships have been available to both same-sex and opposite-sex couples in the Canadian province of Alberta, imposing some but not all of the obligations of marriage and providing some but not all the rights and benefits thereof.According to the Alberta Ministry... |
Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
December 2002 | Adult interdependent relationship | n/a | Passed | Signed | |
||
 QueenslandLGBT rights in Queensland Same-sex sexual activity was decriminalized on 29 November 1990. The bill which decriminalized sodomy was assented on 7 December 1990... |
Australia |
December 2002 | Unregistered cohabitation | n/a | Passed | Signed | |
||
 AndalusiaSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2002 | De facto couple | n/a | Passed | Signed | |
||
 AsturiasSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2002 | Stable couple | n/a | Passed | Signed | |
||
 Buenos Aires |
Argentina |
2002 | Civil union | n/a | Passed | Signed | |
||
| New South Wales LGBT rights in New South Wales -Activism and decriminalization:The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's fist gay rights organisations. C.A.M.P... |
Australia |
2002 | Unregistered cohabitation (expansion) | Passed | Passed | Signed | |
||
 Western Australia |
Australia |
2002 | Unregistered cohabitation | Passed | Passed | Signed | |
||
 ExtremaduraSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2003 | De facto couple | n/a | Passed | Signed | |
||
 Basque CountrySame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2003 | De facto couple | n/a | Passed | Signed | |
||
 Canary IslandsSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
2003 | De facto couple | n/a | Passed | Signed | |
||
 Rio Negro |
Argentina |
2003 | Civil union | n/a | Passed | Signed | |
||
 TasmaniaDomestic partnership in Tasmania Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the... |
Australia |
September 2003 | Significant relationship | Passed | Passed | Signed | |
||
| Australian Capital Territory Recognition of same-sex unions in the Australian Capital Territory The Australian Capital Territory was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia... |
Australia |
January 2004 | Unregistered cohabitation (expansion) | n/a | Passed | Signed | |
||
 Northern Territory |
Australia |
March 2004 | Unregistered cohabitation | n/a | Passed | Signed | |
||
| Sydney City of Sydney Relationships Declaration In July 2004, the City of Sydney Council, led by Lord Mayor Clover Moore, introduced a re-working of the former South Sydney Council's Partnership Registration scheme, renaming it the City of Sydney Relationship Declaration Program... |
Australia |
July 2004 | Relationship declaration program | n/a | Passed | Signed | |
||
 CantabriaSame-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
Spain Same-sex marriage in Spain Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples... |
May 2005 | De facto couple | n/a | Passed | Signed | |
||
 Isle of ManRecognition of same-sex unions in the Isle of Man The Isle of Man allows civil partnership.The bill for legalization was signed into law on March 15, 2011. It took effect on April 6, 2011.Since 2005, couples who have entered into a civil partnership in the United Kingdom are recognised by the Isle of Man Department of Health and Social Security... |
November 2005 | UK partnership recognition | Passed | Passed | Signed | |
|||
 Norfolk Island |
Australia |
2005 | Unregistered cohabitation | n/a | Passed | Signed | |
||
| Australian Capital Territory Recognition of same-sex unions in the Australian Capital Territory The Australian Capital Territory was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia... |
Australia |
June 2006 | Civil union | n/a | Passed | Signed | |
||
 Mexico CitySame-sex marriage in Mexico City Same-sex marriage is legal in Mexico City —the Federal District of Mexico— having been approved by its Legislative Assembly on 21 December 2009, and signed into law by Head of Government Marcelo Ebrard on 29 December 2009... |
Mexico Recognition of same-sex unions in Mexico In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation. Same-sex marriages are legally performed in Mexico City and same-sex civil unions are legally performed in Mexico City and the northern state of Coahuila , whose legal residents... |
November 2006 | Law for coexistence partnerships | n/a | 43 | 17 | Signed | |
|
 South AustraliaLGBT rights in South Australia Same-sex couples in South Australia have access to many spousal rights and can easily prove that a relationship exists through a domestic partnership agreement... |
Australia |
December 2006 | Unregistered cohabitation | Passed | Passed | Signed | |
||
 CoahuilaRecognition of same-sex unions in Mexico In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation. Same-sex marriages are legally performed in Mexico City and same-sex civil unions are legally performed in Mexico City and the northern state of Coahuila , whose legal residents... |
Mexico Recognition of same-sex unions in Mexico In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation. Same-sex marriages are legally performed in Mexico City and same-sex civil unions are legally performed in Mexico City and the northern state of Coahuila , whose legal residents... |
January 2007 | Civil pact of solidarity | n/a | 20 | 13 | Signed | |
|
| Australian Capital Territory Recognition of same-sex unions in the Australian Capital Territory The Australian Capital Territory was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia... |
Australia |
February 2007 | Civil partnership | n/a | Passed | Signed | |
||
| Melbourne LGBT rights in Victoria (Australia) While Victoria was at the forefront of the gay rights movement in the 1960s and 1970s, it has never taken the lead in gay rights legislation. Gay sex between men was legalised in 1980. Discrimination on the basis of sexual orientation was outlawed in 2000. Victoria has a Domestic Partnership... |
Australia |
April 2007 | Relationship declaration register | n/a | Passed | Signed | |
||
| Yarra LGBT rights in Victoria (Australia) While Victoria was at the forefront of the gay rights movement in the 1960s and 1970s, it has never taken the lead in gay rights legislation. Gay sex between men was legalised in 1980. Discrimination on the basis of sexual orientation was outlawed in 2000. Victoria has a Domestic Partnership... |
Australia |
May 2007 | Relationship declaration program | n/a | Passed | Signed | |
||
| Villa Carlos Paz |
Argentina |
November 2007 | Civil union | n/a | 12 | 6 | Signed | |
|
| Victoria LGBT rights in Victoria (Australia) While Victoria was at the forefront of the gay rights movement in the 1960s and 1970s, it has never taken the lead in gay rights legislation. Gay sex between men was legalised in 1980. Discrimination on the basis of sexual orientation was outlawed in 2000. Victoria has a Domestic Partnership... |
Australia |
April 2008 | Relationship register | 29 | 10 | 54 | 24 | Signed | |
| Australian Capital Territory Recognition of same-sex unions in the Australian Capital Territory The Australian Capital Territory was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia... |
Australia |
May 2008 | Civil partnership | n/a | Passed | Signed | |
||
| New South Wales LGBT rights in New South Wales -Activism and decriminalization:The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's fist gay rights organisations. C.A.M.P... |
Australia |
June 2008 | Unregistered cohabitation (expansion) | Passed | Passed | Signed | |
||
 New Caledonia |
France Pacte civil de solidarité In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage... |
April 2009 | Pacte civil de solidarité | Passed | Passed | Signed | |
||
 Wallis and Futuna |
France Pacte civil de solidarité In France, a pacte civil de solidarité commonly known as a PACS /paks/ , is a form of civil union between two adults for organising their joint life. It brings rights and responsibilities, but less so than marriage... |
April 2009 | Pacte civil de solidarité | Passed | Passed | Signed | |
||
| Río Cuarto |
Argentina |
May 2009 | Civil union | n/a | Passed | Signed | |
||
| Tasmania Domestic partnership in Tasmania Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the... |
Australia |
September 2009 | Significant relationship (expansion) | Passed | Passed | Signed | |
||
| Australian Capital Territory Recognition of same-sex unions in the Australian Capital Territory The Australian Capital Territory was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia... |
Australia |
November 2009 | Civil partnership (expansion) | n/a | Passed | Signed | |
||
| Mexico City Same-sex marriage in Mexico City Same-sex marriage is legal in Mexico City —the Federal District of Mexico— having been approved by its Legislative Assembly on 21 December 2009, and signed into law by Head of Government Marcelo Ebrard on 29 December 2009... |
Mexico Recognition of same-sex unions in Mexico In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation. Same-sex marriages are legally performed in Mexico City and same-sex civil unions are legally performed in Mexico City and the northern state of Coahuila , whose legal residents... |
December 2009 | Same-sex marriage | n/a | 39 | 20 | Signed | |
|
| Blue Mountains LGBT rights in New South Wales -Activism and decriminalization:The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's fist gay rights organisations. C.A.M.P... |
Australia |
March 2010 | Relationship declaration program | n/a | Passed | Signed | |
||
| New South Wales LGBT rights in New South Wales -Activism and decriminalization:The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's fist gay rights organisations. C.A.M.P... |
Australia |
May 2010 | Relationship register | 32 | 5 | 62 | 9 | Signed | |
 Vienna |
Austria |
June 2010 | Registered partnership (expansion) | n/a | Passed | Signed | |
||
| Tasmania Domestic partnership in Tasmania Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the... |
Australia |
October 2010 | Out-of-state unions as significant relationship | Passed | 22 | 3 | Signed | |
|
| Isle of Man Recognition of same-sex unions in the Isle of Man The Isle of Man allows civil partnership.The bill for legalization was signed into law on March 15, 2011. It took effect on April 6, 2011.Since 2005, couples who have entered into a civil partnership in the United Kingdom are recognised by the Isle of Man Department of Health and Social Security... |
March 2011 | Civil partnership | Passed | Passed | Signed | |
|||
 Jersey |
December 2011 | Civil partnership | n/a | 33 | 0 | Pending | |||
| Queensland LGBT rights in Queensland Same-sex sexual activity was decriminalized on 29 November 1990. The bill which decriminalized sodomy was assented on 7 December 1990... |
Australia |
December 2011 | Civil partnership | n/a | 47 | 40 | Pending | ||
| Cairns LGBT rights in Queensland Same-sex sexual activity was decriminalized on 29 November 1990. The bill which decriminalized sodomy was assented on 7 December 1990... |
Australia |
2011 | Relationship declaration program' | n/a | Pending | ... | |||
 Cochabamba |
Bolivia |
2011 | Same-sex marriage | n/a | Proposed | ... | |||
Notes: Legislation overturned by federal government.
Constitutional efforts to prohibit same-sex unions
Sometimes unintentionally but usually in response to legislation providing for marriageMarriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
or other rights to same-sex couples in various countries, some countries and 30 US states have passed constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s banning a variety of same-sex unions; with some banning only marriage, others banning marriage and legislation providing "similar rights," some prohibiting the government from establishing any form of same-sex union, and others going as far to ban the prior as well as prohibiting private contracts, including will
Will
Will may refer to:* Shall and will, the word will as a modal verb* Will , instructions for the disposition of one's property after death...
s, for same-sex couples. The majority of countries with constitutional amendments prohibiting same-sex marriage passed such acts via constitutional referendum, with the amendment being one out of many within a proposed constitution submitted to the people by the government.
| Country | Date | Ban on | Upper House | Lower house | Head of state | Final outcome |
||
|---|---|---|---|---|---|---|---|---|
| Yes | No | Yes | No | |||||
| Cuba Recognition of same-sex unions in Cuba Currently, Cuba does not recognize same-sex marriage, civil unions, or any other form of status for same-sex couples. A civil union proposal was first made in 2007, though was never brought up for a vote... |
February 1976 | Same-sex marriage | Constitutional referendum (97.7%) | |
||||
 Burkina Faso |
June 1991 | Same-sex marriage | Constitutional referendum (77.1%) | |
||||
 BulgariaRecognition of same-sex unions in Bulgaria Bulgaria does not recognize any type of same-sex unions.In 2008 and 2009 there were many debates on several national TV stations on the subject with the participation of politicians, religious leaders, gay activists and others individuals.... |
July 1991 | Same-sex marriage | Passed | Passed | Signed | |
||
 VietnamSame-sex marriage in Vietnam Same-sex marriage is not legal in Vietnam, nor is any other form of same-sex union recognized. There has been no evident support of legal recognition for same-sex couples from the government of Vietnam. Public opinion about same-sex marriage is unknown.... |
April 1992 | Same-sex marriage | n/a | Passed | Signed | |
||
 ParaguayLGBT rights in Paraguay Lesbian, gay, bisexual, and transgender persons in Paraguay may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same... |
June 1992 | Same-sex marriage and equivalent/similar union | Passed | Passed | Signed | |
||
 Lithuania |
October 1992 | Same-sex marriage | Constitutional referendum (75.42%) | |
||||
 CambodiaSame-sex marriage in Cambodia After witnessing same-sex marriages being performed in San Francisco during 2004, King Norodom Sihanouk expressed support for legalizing such unions in Cambodia, though he nor anyone in the government has yet to take any action to legislate them.... |
September 1993 | Same-sex marriage | Passed | Passed | Signed | |
||
 Belarus |
March 1994 | Same-sex marriage | Passed | Passed | Signed | |
||
 Moldova |
July 1994 | Same-sex marriage | n/a | Passed | Signed | |
||
 Ukraine |
June 1996 | Same-sex marriage | n/a | Passed | Signed | |
||
| Poland |
April 1997 | Same-sex marriage | Constitutional referendum (52.71%) | |
||||
 VenezuelaRecognition of same-sex unions in Venezuela Venezuela does not recognize same-sex unions nationwide, though the state of Mérida recognizes same-sex civil unions.- Court challenges :2003 — A gay NGO called Unión Afirmativa submitted an Appeal to the Supreme Court in order to get legal recognition of economic rights for same sex partners... |
December 1999 | Same-sex marriage and unregistered cohabitation | Constitutional referendum Constitution of Venezuela ||The Constitution of the Bolivarian Republic of Venezuela is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constitutional assembly that had been created by popular referendum. Adopted in December 1999, it replaced the 1961 Constitution - the longest... (71.78%) |
|
||||
 RwandaLGBT rights in Rwanda Lesbian, gay, bisexual, and transgender Rwandan citizens may face greater legal and social difficulties in comparison to citizens who are heterosexual. While homosexuality is not de jure illegal, sexual orientation is considered a taboo topic, and there is no significant public discussion of this... |
May 2003 | Same-sex marriage | Constitutional referendum (93.42%) | |
||||
 United StatesSame-sex marriage in the United States The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses... |
July 2004 | Same-sex marriage and equivalent/similar union | 48 | 50 | 227 | 186 | – | |
 BurundiLGBT rights in Burundi Lesbian, gay, bisexual, transgender persons in Burundi face legal issues not experienced by non-LGBT citizens. The lower house of Burundi's parliament passed legislation criminalizing homosexual acts in November 2008... |
February 2005 | Same-sex marriage | Constitutional referendum Burundian constitutional referendum, 2005 The Republic of Burundi held a constitutional referendum on 28 February 2005.The new constitution guarantees representation for both ethnic groups by setting out the share of posts they will have in parliament and government and the army, which had been dominated by Tutsis since independence... (92.02%) |
|
||||
 HondurasLGBT rights in Honduras Lesbian, gay, bisexual, and transgender persons in Honduras may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Honduras, but same-sex couples and households headed by same-sex couples are not eligible for the same legal... |
March 2005 | Same-sex marriage and unregistered cohabitation | n/a | 128 | 0 | Signed | |
|
 UgandaLGBT rights in Uganda Lesbian, gay, bisexual, transgender persons in Uganda have virtually no orientation-related protections at all. Both male and female homosexual activity is illegal... |
September 2005 | Same-sex marriage | n/a | 111 | 17 | Signed | |
|
 Latvia |
December 2005 | Same-sex marriage | n/a | 65 | 5 | Signed | |
|
 DR Congo |
December 2005 | Same-sex marriage | Constitutional referendum Democratic Republic of the Congo constitutional referendum, 2005 A referendum on a proposed new constitution for the Democratic Republic of Congo was held on December 18 and December 19, 2005. It was approved, paving the way for the country's elections to be held in 2006.... (84.31%) |
|
||||
| United States Same-sex marriage in the United States The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses... |
July 2006 | Same-sex marriage and equivalent/similar union | 49 | 48 | 236 | 187 | – | |
 SerbiaRecognition of same-sex unions in Serbia Serbia currently does not have any form of legal recognition available for same-sex couples. Same-sex marriage was constitutionally banned in 2006 when a new constitution was drafted that explicitly defined marriage as "a union between a man and a woman" — found in Article 62... |
October 2006 | Same-sex marriage | Constitutional referendum Serbian constitutional referendum, 2006 A referendum on a proposed draft of the new Serbian constitution was held on October 28 and 29 October 2006 and has resulted in the draft constitution being approved by the Serbian electorate. The constitution is Serbia's first as an independent state since the Kingdom of Serbia's 1903 constitution... (53%) |
|
||||
 Montenegro |
October 2007 | Same-sex marriage | n/a | Passed | Signed | |
||
| Ecuador |
September 2008 | Same-sex marriage | Constitutional referendum Ecuadorian constitutional referendum, 2008 A constitutional referendum was held in Ecuador on 28 September 2008 to ratify or reject the constitution drafted by the Ecuadorian Constituent Assembly elected in 2007. Partial results show that 64% of voters voted to approve the new constitution.... (63.93%) |
|
||||
| Bolivia LGBT rights in Bolivia Lesbian, gay, bisexual, and transgender persons in Bolivia may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Bolivia, but same-sex couples and households headed by same-sex couples are not eligible for the same legal... |
January 2009 | Same-sex marriage and unregistered cohabitation | Constitutional referendum (61.43%) | |
||||
 Cayman IslandsLGBT rights in the Cayman Islands The Cayman Islands is a dependent territory of the United Kingdom. Although the local legislature and courts are independent from the United Kingdom, the British Government deals with all international relations on behalf of the Territory... |
June 2009 | Same-sex marriage | n/a | Passed | Signed | |
||
 El SalvadorRecognition of same-sex unions in El Salvador El Salvador recognizes neither same-sex marriage, civil unions, or any other legally recognized union for same-sex couples. A proposal to constitutionally ban same-sex marriage and same-sex adoption was rejected twice in 2006, and once again in April 2009 after the FMLN refused to grant the measure... |
October 2009 | Same-sex marriage | n/a | 46 | 38 | – | |
|
 Dominican RepublicLGBT rights in the Dominican Republic Both male and female homosexual activity is legal in the Dominican Republic. Same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.The age of consent—regardless of sexual orientation—is 18.... |
January 2010 | Same-sex marriage and unregistered cohabitation | Passed | Passed | Signed | |
||
 Kenya |
August 2010 | Same-sex marriage | Constitutional referendum Kenyan constitutional referendum, 2010 A constitutional referendum was held in Kenya on August 4, 2010 on whether to adopt a proposed new constitution passed by parliament on April 1, 2010... (68.55%) |
|
||||
 ZambiaLGBT rights in Zambia Lesbian, gay, bisexual, and transgender persons in Zambia face legal challenges not faced by non-LGBT citizens. Same-sex sexual activity is illegal for both males and females in Zambia.... |
March 2011 | Same-sex marriage | n/a | Failed | - | |
||
| Hungary Recognition of same-sex unions in Hungary Hungary provides registered partnerships to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation of same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in... |
April 2011 | Same-sex marriage | n/a | 262 | 44 | Signed | |
|
| South Sudan LGBT rights in South Sudan Lesbian, gay, bisexual, and transgender persons in South Sudan face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal and carries a penalty of up to ten years' imprisonment.-Law:... |
July 2011 | Same-sex marriage | Passed | Signed | |
|||
| Chile |
2011 | Same-sex marriage | ... | Proposed | ... | |||
 JamaicaLGBT rights in Jamaica Lesbian, gay, bisexual, transgender rights in Jamaica are dominated by the prohibition of sexual acts between men. Sexual acts between women are legal, by virtue of the absence of any reference to them in law... |
2011 | Same-sex marriage | ... | ... | Proposed | ... | ||
Note:
The amendment was initially passed in April 2009, but was rejected in a second vote in October 2009.
Court challenges to enable same-sex unions
| Country | Year | Description | Restrictions unconstitutional? |
|---|---|---|---|
| United States Same-sex marriage in the United States The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses... |
1972 | The Supreme Court of the United States Supreme Court of the United States The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases... dismissed Baker v. Nelson Baker v. Nelson Richard John Baker v. Gerald R. Nelson was a case in which the Minnesota Supreme Court ruled that Minnesota law limited marriage to different-sex couples and that this limitation did not violate the United States Constitution... "for want of a substantial federal question." |
|
 Israel |
1994 | An Israeli court ruled that same-sex couples are entitled to the same common law benefits as opposite-sex couples. | |
| Israel |
1995 | An Israeli court ruled that same-sex couples were entitled to further benefits. | |
| Israel |
1996 | An Israeli court ruled that same-sex couples were entitled to even further benefits. | |
| Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
1999 | The Supreme Court of Canada ruled M. v. H. M. v. H. [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of same-sex couples to equal treatment under the Constitution of Canada.... that cohabitating same-sex partners in a common-law marriage Common-law marriage Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage... were entitled to the same rights as unmarried cohabitating opposite-sex partners |
|
| South Africa Same-sex marriage in South Africa Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal... |
December 1999 | The Constitutional Court Constitutional Court of South Africa The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February... ruled in National Coalition for Gay and Lesbian Equality v Minister of Home Affairs National Coalition for Gay and Lesbian Equality v Minister of Home Affairs National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others is a 1999 decision of the Constitutional Court of South Africa which extended immigration rights to the foreign partners of South African citizens in same-sex relationships.The Court ruled that section... that foreign same-sex partners of South Africans are entitled to the same immigration benefits as foreign spouses. |
|
| Israel |
2000 | An Israeli court ruled that same-sex couples were entitled to pension Pension In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement... benefits. |
|
| Israel |
2001 | Common-law status is once again expanded to allow a partner to claim guardianship of the other's child. | |
| South Africa Same-sex marriage in South Africa Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal... |
July 2002 | The Constitutional Court ruled in Satchwell v President of the Republic of South Africa Satchwell v President of the Republic of South Africa Satchwell v President of the Republic of South Africa and Another is a 2002 decision of the Constitutional Court of South Africa which determined that the same-sex life partner of a judge was entitled to the same financial benefits available to the opposite-sex spouse of a judge... that pensions and other financial benefits provided by an employer to spouses must also be provided to same-sex life partners who have undertaken a reciprocal duty of support. |
|
| South Africa Same-sex marriage in South Africa Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal... |
September 2002 | The Constitutional Court ruled in Du Toit v Minister of Welfare and Population Development Du Toit v Minister of Welfare and Population Development Du Toit and Another v Minister of Welfare and Population Development and Others is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children... that same-sex partners are entitled to adopt children jointly and to adopt each other's children as if they were married. |
|
| Canada Same-sex marriage in Canada On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition... |
2002-5 | A series of court decisions progressively legalized same-sex marriage in Canada's provinces and territories prior to the passage of the Civil Marriage Act. Decisions in Ontario, Quebec, and BC found that not permitting same-sex marriage violated the Charter of Rights Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982... . Those decisions were subsequently given immediate effect in later decisions, and further decisions in Yukon, Manitoba, Nova Scotia, Saskatchewan, Newfoundland and Labrador, and New Brunswick extended the decisions to those jurisdictions. |
|
| Venezuela Recognition of same-sex unions in Venezuela Venezuela does not recognize same-sex unions nationwide, though the state of Mérida recognizes same-sex civil unions.- Court challenges :2003 — A gay NGO called Unión Afirmativa submitted an Appeal to the Supreme Court in order to get legal recognition of economic rights for same sex partners... |
2003 | The Supreme Court of Venezuela ruled that the government is free to introduce measures that provide for economic benefits to same-sex couples, though it is not bound by law to do so. |
|
| South Africa Same-sex marriage in South Africa Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal... |
March 2003 | The Constitutional Court ruled in J v Director General, Department of Home Affairs J v Director General, Department of Home Affairs J and B v Director-General, Department of Home Affairs and Others is a 2003 decision of the Constitutional Court of South Africa which dealt with the situation of children born via artificial insemination to a lesbian couple in a permanent life-partnership... that children born to lesbian life-partners through artificial insemination Artificial insemination Artificial insemination, or AI, is the process by which sperm is placed into the reproductive tract of a female for the purpose of impregnating the female by using means other than sexual intercourse or natural insemination... are to be regarded as legitimate in law Legitimacy (law) At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children... , and that both partners must be registered as the legal parents. |
|
| Austria |
2003 | The ECtHR European Court of Human Rights The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or... ruled that same-sex couples must be recognized under common-law status; equal to opposite-sex couples. |
|
 South KoreaRecognition of same-sex unions in South Korea South Korea recognizes neither same-sex marriage nor any other form of legal union for same-sex couples.- Political support :The Democratic Labour Party , established in January 2000, is the third-largest political party in South Korea and has a political panel known as the Sexual Minorities... |
2004 | The Democratic Labor Party of South Korea led a challenge to the government's exclusion of same-sex couples from marriage in 2004. | No developments |
| Israel |
January 2005 | The Supreme Court expanded the common-law status to include for adoption of a partner's child. | |
| South Africa Same-sex marriage in South Africa Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal... |
December 2005 | The Constitutional Court ruled in the case of Minister of Home Affairs v Fourie that restricting marriage to opposite-sex couples was unconstitutional. The ruling was suspended for one year to allow Parliament to rectify the inequality by legislation. | |
| Costa Rica |
May 2006 | The Supreme Court of Costa Rica ruled 5–2 that restricting marriage to opposite-sex couples was not unconstitutional. | |
| United States Same-sex marriage in the United States The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses... |
July 2006 | Citizens for Equal Protection v. Bruning Citizens for Equal Protection v. Bruning Citizens for Equal Protection v. Bruning, 455 F.3d 859 , was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit challenging the federal constitutionality of Nebraska Initiative... challenges the validity of Nebraska's Initiative Measure 416 Nebraska Initiative Measure 416 (2000) Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters.... constitutional ban on same-sex marriage against the United States Constitution. |
|
| United Kingdom Same-sex marriage in the United Kingdom Same-sex marriage is not currently legal in the United Kingdom. Marriage laws vary in the countries of the UK, however they all currently prohibit marriages between same-sex couples. Since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal... |
July 2006 | The High Court ruled that recognizing same-sex marriages performed abroad as "civil partnerships" over marriages was not discriminatory. |
|
| Israel Same-sex marriage in Israel Same-sex marriage cannot legally be performed in Israel, because only government-recognized religious authorities — all of whom disallow same-sex marriage — may officiate marriages. There are no provisions for civil or secular marriages in Israel. However, foreign marriages, including same-sex... |
November 2006 | The Supreme Court of Israel ruled that the government must recognize same-sex marriages performed abroad on par with opposite-sex marriages that have been performed abroad. |
|
| South Africa Same-sex marriage in South Africa Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal... |
November 2006 | Days before same-sex marriage became legal, the Constitutional Court ruled in Gory v Kolver NO Gory v Kolver NO Gory v Kolver NO is a decision of the Constitutional Court of South Africa which ruled that a same-sex life partner was entitled to inherit the estate of the other partner who died intestate... that a same-sex life partner is entitled to inherit automatically when the other partner dies without a will Intestacy Intestacy is the condition of the estate of a person who dies owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of... . |
|
 Brazil |
2006 | A 2006 decision issued by the Superior Tribunal de Justiça stated that same-sex couples qualify as de facto partners. | |
| Colombia Recognition of same-sex unions in Colombia Colombia has no laws providing for same-sex marriage. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions , which were previously available only to heterosexual couples and which provide all of the rights of marriage... |
February 2007 | A Colombian court ruled that some common law benefits must be extended to same-sex couples. | |
 ArubaSame-sex marriage in Aruba, Curaçao and Sint Maarten Same-sex marriages are not conducted in Aruba, Curaçao or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. Since many of the residents of the countries are Roman Catholic, the issue of same-sex marriage is one where opposition is large... |
April 2007 | The Supreme Court of the Netherlands ruled that Aruba must recognize all Dutch marriages, including same-sex marriages. | |
 Netherlands AntillesSame-sex marriage in Aruba, Curaçao and Sint Maarten Same-sex marriages are not conducted in Aruba, Curaçao or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. Since many of the residents of the countries are Roman Catholic, the issue of same-sex marriage is one where opposition is large... |
April 2007 | The Supreme Court of the Netherlands's ruling applied to the Netherlands Antilles in addition to Aruba. | |
| Nepal Same-sex marriage in Nepal On November 17, 2008, Nepal’s Supreme Court ruled in favor of laws to guarantee full rights to LGBT people, and all gender minorities must be defined as “natural persons” under the law; this included the right to marry... |
November 2008 | Following a ruling by the nation's Supreme Court, the government has been ordered to include a same-sex couple inclusive marriage law in the upcoming 2011 constitution. A seven-member committee currently works to study the same-sex marriage laws of other countries and propose a same-sex marriage bill before the government. | |
| Colombia Recognition of same-sex unions in Colombia Colombia has no laws providing for same-sex marriage. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions , which were previously available only to heterosexual couples and which provide all of the rights of marriage... |
January 2009 | The constitutional court later ruled that benefits for cohabitating same-sex couples must be expanded to give them equality with cohabitating opposite-sex couples. | |
| Slovenia |
July 2009 | The Constitutional Court of Slovenia ruled that the registered partnership law excluding registered partners from inheritance rights was discriminatory; giving the Parliament six months to respond to the ruling. | |
| Portugal Same-sex marriage in Portugal Same-sex marriage has been legal in Portugal since June 5, 2010. The government of Prime Minister José Sócrates introduced a bill for legalization in December 2009; it was passed by the Assembly of the Republic in February 2010. The bill was declared legally valid by the Portuguese Constitutional... |
July 2009 | The Constitutional Court of Portugal ruled 3–2 that the statutory ban on same-sex marriage does not violate the Portuguese constitutional provision that prohibits discrimination based on sexual orientation. | |
 RussiaRecognition of same-sex unions in Russia Russia recognizes neither same-sex marriage nor any other form of civil union for same-sex couples. However, gay activists claim that a same-sex marriage contracted abroad can legally be recognized in Russia... |
January 2010 | Two lesbians who recently married in Canada have announced their intention to push for its recognition within Russia. Russian courts have ruled that the two are not legally able to marry, and thus the two women are seeking to use a loophole for recognition only. |
|
| Poland |
March 2010 | The European Court of Human Rights ruled that homosexuals have the right to inherit from their partners. | |
 Italy |
April 2010 | The constitutionality of Italy refusing to grant marriage licenses to same-sex couples was under question before the Constitutional Court. In April 2010 the court rejected the bids from Italian couples. | |
| Austria |
June 2010 | Schalk and Kopf v. Austria challenges the validity of Austria's marriage laws in the European Court of Human Rights European Court of Human Rights The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or... |
|
| Mexico Recognition of same-sex unions in Mexico In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation. Same-sex marriages are legally performed in Mexico City and same-sex civil unions are legally performed in Mexico City and the northern state of Coahuila , whose legal residents... |
August 2010 | After affirming the constitutionality of Mexico City's same-sex marriage law Same-sex marriage in Mexico City Same-sex marriage is legal in Mexico City —the Federal District of Mexico— having been approved by its Legislative Assembly on 21 December 2009, and signed into law by Head of Government Marcelo Ebrard on 29 December 2009... , the Supreme Court Supreme Court of Justice of the Nation The Supreme Court of Justice of the Nation is the highest federal court in the United Mexican States. It consists of a President of the Supreme Court and ten Ministers who are confirmed by the Senate from a list proposed by the President of the Republic.Justices of the SCJN serve for fifteen... affirmed its constitutionality and ruled that all Mexican states be required to recognize the marriages. |
|
| Germany |
August 2010 | Court ruled twenty-point higher inheritance tax for registered partners as opposed to married opposite-sex couples violated the constitution. The government has until 2011 to amend the law. | |
| Colombia Recognition of same-sex unions in Colombia Colombia has no laws providing for same-sex marriage. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions , which were previously available only to heterosexual couples and which provide all of the rights of marriage... |
November 2010 | Marriage law under challenge in the Constitutional Court | No developments |
| France Same-sex marriage in France Same-sex marriage cannot legally be performed in France, though some foreign same-sex marriages are recognized and the PACS, which confers some of the same rights and responsibilities as marriage, is available to same-sex couples.... |
January 2011 | France's highest court of appeal, the Court of Cassation, on Tuesday November 17, 2010, asked the Constitutional Council to rule on whether same-sex marriage marriage should remain illegal. On January 28, 2011, the Council ruled that the law banning same-sex marriage is constitutional. | |
| Brazil |
May 2011 | The constitutionality of Brazil's same-sex couple exclusive marriage law (and lack of civil unions) is under challenge in the nation's highest court. On May 5, 2011, the court ruled in a 10-0 voting that same-sex civil unions must be recognized. | |
| Brazil |
June 2011 | A judge in Sao Paolo converted a civil union into a civil marriage. | |
| Colombia Recognition of same-sex unions in Colombia Colombia has no laws providing for same-sex marriage. However, as a result of Constitutional Court ruling on 29 January 2009, same-sex couples can be recognised as de facto unions , which were previously available only to heterosexual couples and which provide all of the rights of marriage... |
July 2011 | The Constitutional Court of Colombia has ruled that same-sex couples are at a legal disadvantage by being excluded from marriage, and ordered Congress to rectify this issue by June 20 2013. If the deadline is not met, same-sex couples would thenceforth be able to get married by a judge or a notary. | |
| Brazil |
October 2011 | Brazil's Supreme Court of Justice has ruled that two women can legally be married. It’s the highest court in Brazil to uphold a gay marriage. It overturned two lower court’s ruling against the women. | |
| Chile |
2011 | A court in Santiago asked the Constitutional Court about the validity of Article 102 of the Civil Code that defines marriages only between a man and a women, after three couples challenged the article. The Constitutional Court rejected their bids in a 9-1 vote. The case is now moving forward to the Court of Appeals. | |
| Ireland |
2011 | Marriage law under challenge. | |
| France Same-sex marriage in France Same-sex marriage cannot legally be performed in France, though some foreign same-sex marriages are recognized and the PACS, which confers some of the same rights and responsibilities as marriage, is available to same-sex couples.... |
2011 | A same-sex couple, in Chapin and Charpentier v. France are filing a court challenge to a French law that prevents same-sex marriage to the European Court of Human Rights European Court of Human Rights The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or... . |
|
 Cyprus |
2011 | A Cypriot couple is taking the Republic of Cyprus to the European Court of Human Rights for not giving them the right to enter into a same-sex marriage. | |
| United States Same-sex marriage in the United States The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses... |
2011 | Several concurrent lawsuits challenging various portions of the federal Defense of Marriage Act Defense of Marriage Act The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state... . See here. |
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| United States Same-sex marriage in the United States The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses... |
2011 | Perry v. Schwarzenegger Perry v. Schwarzenegger Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,... challenges the validity of California's Proposition 8 California Proposition 8 (2008) Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections... constitutional ban on same-sex marriage against the United States Constitution. |
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| United Kingdom Same-sex marriage in the United Kingdom Same-sex marriage is not currently legal in the United Kingdom. Marriage laws vary in the countries of the UK, however they all currently prohibit marriages between same-sex couples. Since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal... |
2011 | Eight couples from the United Kingdom have filed a challenge against the UK's bans on gay marriage and straight civil partnerships at the European Court of Human Rights. | |
| Costa Rica |
2011 | Two gay couples asked a Costa Rican court on May 16 to be married in a civil union. The request of one couple was declined, but they said they have the intention to appeal the judgement. | |
See also
- LGBT rights by country or territory
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...