Same-sex marriage (marriage equality)
Marriage between two people of the same sex; covers legal recognition, social and religious dimensions, history of change, common impacts, and distinctions from other partnership forms.
Overview
Same-sex marriage refers to a marriage between two people of the same sex that is recognized by civil authorities, religious bodies, or both. Supporters commonly call legal access to such unions "marriage equality." In practice the term covers both the private relationship between spouses and the public status conferred by registration, certificate, or other formal recognition.
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Legal recognition and characteristics
Legal recognition can grant couples the same rights and responsibilities as different-sex spouses, including inheritance, tax, parental rights, health decisions, and immigration entitlements. How those rights are implemented depends on national and local law. Many discussions distinguish between civil marriage, performed by state institutions, and religious marriage, conducted by faith communities; these spheres sometimes follow different rules. For summaries of institutional approaches see governmental recognition and religious perspectives.
History and development
The modern movement toward legal recognition began in the late 20th century when activists and courts challenged exclusions. Over decades, jurisdictions changed laws or issued court rulings that either legalized, restricted, or redefined marriage. Change has often followed public debate, legislative action, or judicial decisions rather than a single uniform pathway. Social attitudes and legal frameworks have evolved at different paces in different countries.
Social, legal, and personal importance
For many couples, recognition of same-sex marriage affects everyday life: access to shared benefits, formal parentage for children, and public acknowledgment of family status. Beyond material effects, legalization can carry symbolic meaning about acceptance and equality. Critics sometimes distinguish marriage from other forms of legal partnership; supporters argue equality under the law is a core democratic value.
Examples and distinctions
Alternatives to marriage include civil unions, domestic partnerships, and registered partnerships; these arrangements may provide limited rights compared with full marriage. Key distinctions include who can marry, which institutions perform the ceremony, and whether religious bodies are obliged to participate. For general context on marriage as an institution see marriage.
Notable considerations
- Legal effects vary widely by jurisdiction; recognition across borders can be complex.
- Religious freedom and anti-discrimination concerns are central to many debates.
- Public opinion, court rulings, and legislation have all influenced how societies respond.
Discussions about same-sex marriage bring together legal, social, and ethical questions. Because laws and practices continue to change, readers seeking current technical details should consult up-to-date governmental or legal sources.
Term
The terms "gay marriage", "lesbian marriage", "gay marriage" and "homosexual marriage" are often used colloquially instead of the term "same-sex marriage", with the restrictions or semantic problems attached to them. For example, "gay marriage" can mean both same-sex marriage and registered partnership. Which of the two possibilities is ultimately meant exactly by "gay marriage" can then only be inferred from the context with background knowledge. The expression "lesbian marriage" does not include male couples. The expression "gay marriage" does not include female couples.
If the extension of marriage from marriage between a man and a woman to marriage between two people is to be expressed, one can speak of "gender-neutral marriage" (the right to marry applies to all couples regardless of the sex of the partners), "equal marriage" (all couples are equally entitled to marry) or "marriage for all" (all couples may marry). These expressions thus differ from the expression "same-sex marriage" in that they combine opposite-sex and same-sex marriages under one term, as is consistent with the idea of equal rights for all people.
Since the French presidential election in 2012, in which the opening of marriage was a campaign promise of the election winner François Hollande, the term "marriage for all" (" mariage pour tous "), coined by François Hollande, has become more and more accepted outside France for that concept of marriage which combines opposite-sex and same-sex marriage.
English texts speak of same-sex marriage or gay marriage, French texts of mariage gay or mariage homosexuel.
Countries and regions with same-sex marriage
The following tables provide an overview of those countries and sub-regions of countries where same-sex couples already have or will soon have the right to civil marriage.
| Countries with the right to same-sex marriage | |||||
| Country | in force | Decision | through | Comments | |
| 1 | Netherlands | 1 Apr. 2001 | 21 Dec 2000 | Parliament |
|
| 2 | Belgium | 1 June 2003 | 13 Feb. 2003 | Parliament | |
| 3 | Spain | July 3, 2005 | 1 July 2005 | Parliament | |
| 4 | Canada | 20 July 2005 | 20 July 2005 | Parliament |
|
| 5 | Sud Africa | Nov. 30, 2006 | 28 Nov. 2006 | Parliament | |
| 6 | Norway | 1 Jan. 2009 | 27 June 2008 | Parliament | |
| 7 | Sweden | May 1, 2009 | 1 Apr. 2009 | Parliament | |
| 8 | Portugal | June 5, 2010 | May 17, 2010 | Parliament |
|
| 9 | Iceland | 27 June 2010 | June 11, 2010 | Parliament | |
| 10 | Argentina | 22 July 2010 | 21 July 2010 | Parliament | |
| 11 | Denmark Denmark | 15 June 2012 | June 12, 2012 | Parliament | |
| 12 | Brazil | May 16, 2013 | May 14, 2013 | Court |
|
| 13 | France | May 18, 2013 | May 17, 2013 | Parliament | |
| 14 | Uruguay | Aug. 5, 2013 | May 3, 2013 | Parliament | |
| 15 | New Zealand | Aug. 19, 2013 | 19 Apr. 2013 | Parliament |
|
| 16 | Luxembourg | 1 Jan. 2015 | July 4, 2014 | Parliament | |
| 17 | United States | June 26, 2015 | June 26, 2015 | Court |
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| 18 | Ireland | 16 Nov. 2015 | 29 Oct. 2015 | Parliament |
|
| 19 | Colombia | 28 Apr. 2016 | 7 Apr. 2016 | Court |
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| 20 | Finland | March 1, 2017 | 12 Dec. 2014 | Parliament |
|
| 21 | Malta | 1 Sep. 2017 | July 12, 2017 | Parliament | |
| 22 | Germany | 1 Oct. 2017 | 30 June 2017 | Parliament |
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| 23 | Australia | Jan 9, 2018 | 7 Dec. 2017 | Parliament | |
| 24 | Austria | Jan 1, 2019 | 4 Dec. 2017 | Court |
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| 25 | Taiwan | May 24, 2019 | May 17, 2017 | Parliament |
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| 26 | Ecuador | July 8, 2019 | June 12, 2019 | Court | |
| 27 | United Kingdom | 13 Jan. 2020 | July 17, 2013, February 4, 2014, and July 9, 2019. | Parliament |
|
| 28 | Costa Rica | May 26, 2020 | Aug. 8, 2018 | Court |
|
| Countries that recognise same-sex marriages contracted abroad | ||||
| Country | in force | Decision | through | |
| 1 | Israel | January 2007 | November 21, 2006 | Court |
| 2 | Estonia | January 2017 | Court | |
Questions and answers
Q: What is same-sex marriage?
A: Same-sex marriage is a type of relationship in which two people of the same sex live together as a family in a governmentally, socially, or religiously recognized marriage.
Q: What is another term for same-sex marriage?
A: Same-sex marriage is also known as gay marriage.
Q: What is meant by marriage equality?
A: Marriage equality refers to the access to same-sex marriage and is often used by supporters of same-sex marriage.
Q: Are there government restrictions on same-sex marriage?
A: In some countries, there are government restrictions on same-sex marriage, while others allow it.
Q: Is same-sex marriage recognized by religious institutions?
A: Some religious institutions recognize same-sex marriage, while others do not.
Q: Why is same-sex marriage important?
A: Same-sex marriage is important to ensure equality for all individuals, regardless of their sexual orientation.
Q: What is the difference between same-sex marriage and civil partnership?
A: Same-sex marriage is a ceremony that allows same-sex partners to legally marry, while civil partnership is a legal registration that grants same-sex couples similar legal rights and protections to marriage, but without the title of marriage.
Related articles
Author
AlegsaOnline.com Same-sex marriage (marriage equality) Leandro Alegsa
URL: https://en.alegsaonline.com/art/86666
Sources
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- pinknews.co.uk : Australian gay politician travels to Spain in order to marry partner
- lovdata.no : Norwegian Matrimony law
- abc.net.au : "US Supreme Court rules in favour of same-sex marriage nationwide in win for gay rights movement"
- wetboek-online.nl : Burgerlijk wetboek Artikel 30
- wetboek-online.nl : Burgerlijk wetboek Artikel 1
- nl.wikisource.org : Nederlandse grondwet, artikel 1