Same-sex marriage

Same-sex marriage is a civil marriage in which both partners are of the same sex. In addition to marriage, other legal institutions for the recognition of same-sex couples exist in some countries, in particular in the form of registered partnerships.

The civil law concept of marriage encompasses a multitude of related rights and obligations, such as inheritance law, contract law and legal representation, custody and (joint) adoption, residence law, tax law, insurance and, last but not least, the right to a name, for the partners themselves as well as their children. Same-sex marriage is the focus of political discussion, in a purely secular legal context as well as in a religious context, where further distinctions between married and non-married people are added.

Marriage for all" or "opening up marriage", as the introduction of a right to marry for same-sex couples is often called, means granting equal rights and full legal recognition of same-sex partnerships on the part of the state. This is associated with the expectation that it will also contribute to a reduction in discrimination against homosexual people in society.

The European part of the Netherlands was the first country to allow same-sex couples to marry in 2001. Currently, 28 countries (Argentina, Australia, Austria, Belgium, Brazil, Canada, Colombia, Costa Rica, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Taiwan, United Kingdom, United States, Uruguay) allow same-sex couples to marry nationwide, and one other country (Mexico) allows same-sex couples to marry in certain areas. Efforts are currently underway in other states to make it possible for same-sex couples to marry. (See also the detailed article Legal situation for same-sex couples. )

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 partnershipsZoom
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 NiederlandeNetherlands

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 BelgienBelgium

1 June 2003

13 Feb. 2003

Parliament

3

Spain SpanienSpain

July 3, 2005

1 July 2005

Parliament

4

Canada KanadaCanada

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 AfricaSüdafrika South Africa

Nov. 30, 2006

28 Nov. 2006

Parliament

6

Norway NorwegenNorway

1 Jan. 2009

27 June 2008

Parliament

7

Sweden SchwedenSweden

May 1, 2009

1 Apr. 2009

Parliament

8

PortugalPortugal 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 IslandIceland

27 June 2010

June 11, 2010

Parliament

10

Argentina ArgentinienArgentina

22 July 2010

21 July 2010

Parliament

11

Denmark DenmarkDänemark

15 June 2012

June 12, 2012

Parliament

12

Brazil BrasilienBrazil

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 FrankreichFrance

May 18, 2013

May 17, 2013

Parliament

14

Uruguay UruguayUruguay

Aug. 5, 2013

May 3, 2013

Parliament

15

New Zealand NeuseelandNew Zealand

Aug. 19, 2013

19 Apr. 2013

Parliament

  • Same-sex marriages are not possible in Tokelau.

16

Luxembourg LuxemburgLuxembourg

1 Jan. 2015

July 4, 2014

Parliament

17

United States Vereinigte StaatenUnited 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 IrlandIreland

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 KolumbienColombia

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 FinnlandFinland

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 MaltaMalta

1 Sep. 2017

July 12, 2017

Parliament

22

Germany DeutschlandGermany

1 Oct. 2017

30 June 2017

Parliament

  • Law establishing the right to marry for persons of the same sex

23

Australia AustralienAustralia

Jan 9, 2018

7 Dec. 2017

Parliament

24

AustriaÖsterreich 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 Republik China (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 EcuadorEcuador

July 8, 2019

June 12, 2019

Court

27

United Kingdom Vereinigtes KönigreichUnited 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 RicaCosta 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 IsraelIsrael

January 2007

November 21, 2006

Court

2

Estonia EstlandEstonia

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.

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