Same-sex marriage

Author: Leandro Alegsa Creation date: November 13, 2022

Same-sex marriage (also known as gay marriage) is a term for a relationship in which two people of the same sex live together as a family in a governmentally, socially, or religiously recognized marriage. Access to same-sex marriage is sometimes called marriage equality, especially by supporters.

Legal situation for same-sex couples Same sex marriages Legislation or binding court ruling to create same-sex marriages. Recognition of same-sex marriages contracted abroad Other forms of same-sex partnerships Limited legal recognition (partnership deeds, etc.) Limited recognition of same-sex marriages contracted abroad (right of residence for spouses) Country is subject to an international court ruling on recognition of same-sex marriages No recognition of same-sex partnerships

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 Netherlands	1 Apr. 2001	21 Dec 2000	Parliament	In the Caribbean Netherlands, same-sex couples have been able to marry since October 10, 2012. In Aruba, Curaçao and Sint Maarten, a marriage contracted in the Netherlands can be registered. Laws that explicitly state that the spouses are of different sexes do not apply to same-sex couples.
2	Belgium Belgium	1 June 2003	13 Feb. 2003	Parliament
3	Spain Spain	July 3, 2005	1 July 2005	Parliament
4	Canada Canada	20 July 2005	20 July 2005	Parliament	Already since 10 June 2003, marriage has been opened in eight out of ten provinces and one out of three territories by court decisions.
5	Sud Africa South Africa	Nov. 30, 2006	28 Nov. 2006	Parliament
6	Norway Norway	1 Jan. 2009	27 June 2008	Parliament
7	Sweden Sweden	May 1, 2009	1 Apr. 2009	Parliament
8	Portugal Portugal	June 5, 2010	May 17, 2010	Parliament	Initially, same-sex married couples had no right to adopt children. However, on 18 December 2015, a law was passed in parliament that also gives same-sex couples the right to joint adoption and the right to stepchild or successive adoption.
9	Iceland Iceland	27 June 2010	June 11, 2010	Parliament
10	Argentina Argentina	22 July 2010	21 July 2010	Parliament
11	Denmark Denmark	15 June 2012	June 12, 2012	Parliament
12	Brazil Brazil	May 16, 2013	May 14, 2013	Court	Already since January 6, 2012, marriage has been opened in 15 of 26 states and the Federal District through court decisions.
13	France France	May 18, 2013	May 17, 2013	Parliament
14	Uruguay Uruguay	Aug. 5, 2013	May 3, 2013	Parliament
15	New Zealand New Zealand	Aug. 19, 2013	19 Apr. 2013	Parliament	Same-sex marriages are not possible in Tokelau.
16	Luxembourg Luxembourg	1 Jan. 2015	July 4, 2014	Parliament
17	United States United States	June 26, 2015	June 26, 2015	Court	Already since May 17, 2004, marriage has been opened in 38 of the 50 states, the Federal District, and one of five territories through court decisions or legislative enactments. American Samoa does not allow same-sex marriages.
18	Ireland Ireland	16 Nov. 2015	29 Oct. 2015	Parliament	The opening of marriage to same-sex couples was made possible by a referendum on 22 May 2015, which amended the constitution accordingly.
19	Colombia Colombia	28 Apr. 2016	7 Apr. 2016	Court	In April 2016, the Constitutional Court upheld the immediate nationwide opening of marriage in a landmark decision.
20	Finland Finland	March 1, 2017	12 Dec. 2014	Parliament	The opening of marriage had already been decided in parliament on 12 December 2014. However, as the changeover still took time and several objections from the people had to be decided, the introduction was delayed. On 17 February 2017, the Finnish Parliament confirmed the opening of marriage in the last instance by 120 votes to 48 (with two abstentions).
21	Malta Malta	1 Sep. 2017	July 12, 2017	Parliament
22	Germany Germany	1 Oct. 2017	30 June 2017	Parliament	Law establishing the right to marry for persons of the same sex
23	Australia Australia	Jan 9, 2018	7 Dec. 2017	Parliament
24	Austria Austria	Jan 1, 2019	4 Dec. 2017	Court	In its decision of 4 December 2017, the Constitutional Court (VfGH) annulled as unconstitutional the wording "of different sex" in Section 44 of the General Civil Code (ABGB) and "same-sex couples" in Section 1, "of the same sex" in Section 2, as well as Clause 1 of Section 5(1) in the Federal Act on Registered Partnerships (Registered Partnership Act - EPG) as of 31 December 2018. Since 1 January 2019, both same-sex marriages and civil partnerships of opposite-sex couples have been possible in Austria.
25	Taiwan Taiwan	May 24, 2019	May 17, 2017	Parliament	In May 2017, the Constitutional Court in Taiwan ruled that same-sex marriage must be made possible in Taiwan within two years. Should a corresponding legal regulation not come about within the deadline, the authorities would still have to treat applications for marriage from same-sex couples as if they had been submitted by heterosexual couples.
26	Ecuador Ecuador	July 8, 2019	June 12, 2019	Court
27	United Kingdom United Kingdom	13 Jan. 2020	July 17, 2013, February 4, 2014, and July 9, 2019.	Parliament	In England and Wales, same-sex couples have been able to marry since 13 March 2014. In Scotland, same-sex couples have been able to marry since 16 December 2014. In Northern Ireland, same-sex marriages have been possible since February 2020.
28	Costa Rica Costa Rica	May 26, 2020	Aug. 8, 2018	Court	In 2018, the court had given the president an 18-month deadline to implement it.

Countries that recognise same-sex marriages contracted abroad
	Country	in force	Decision	through
1	Israel Israel	January 2007	November 21, 2006	Court
2	Estonia 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.