Same-sex marriage

Same-sex marriage (also known as gay marriage) is a relationship in which two people of the same sex (same gender) 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.

Map showing the legal status of same-sex unions in the countries of the world.

  Same-sex marriage is recognized

  Same-sex unions are available that are similar to marriage

  The country/state affords some minimal recognition of same-sex couples

  Marriage licenses for same-sex couples, that were issued in other states or countries, are fully recognized

  Marriage licenses for same-sex couples, that were issued in other states or countries, are given minimal recognition

  Same-sex marriage is pending: the government has passed legislation, or the supreme court has ordered that same-sex marriage should be legal, but no law is in effect

  The state or country is subject to an international court that has ruled in favor of same-sex marriage

  Same-sex unions are not recognized

Current status

Marriage under civil law is presently available to same-sex couples in the following countries: Andorra Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Denmark (including Greenland and Faroe Islands), Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Netherlands (Netherlands proper; pending in Aruba and Curaçao), New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States and Uruguay. In Ecuador, Taiwan and some states in Mexico, same-sex married couples are not allowed to adopt children the way other married couples are.

The Netherlands was the first country in modern times to allow marriages of two people of the same sex, in 2001. Same-sex marriage became legal everywhere in the United States in 2015. The Supreme Court ruled that not allowing same-sex couples to marry was unconstitutional. There are various faiths that practise same-sex marriages, including Eckankar, Wicca, Unitarian Universalism, Raelism, and Native American religions with a two-spirit tradition.

Legalization of same-sex marriage: summary table

State	Dates
	First jurisdiction legalized	National ruling or final jurisdiction
Netherlands	2001	(to be determined)
Belgium	2003
Canada	2003	2005
United States*	2004	2015
Spain	2005
South Africa	2006
Norway	2009
Sweden	2009
Mexico	2010	2022
Portugal	2010
Iceland	2010
Argentina	2010
Brazil	2012	2013
Denmark	2012	2017
France	2013
Uruguay	2013
New Zealand*	2013
United Kingdom*	2014	2020
Luxembourg	2015
Ireland	2015
Colombia	2016
Finland	2017
Malta	2017
Germany	2017
Australia	2017
Austria	2019
Taiwan	2019
Ecuador	2019
Costa Rica	2020
Chile	2022
Switzerland	2022
Slovenia	2022
Cuba	2022
Andorra	2023 (pending)

* This state controls one or more territories where same-sex marriage is not legal.

Netherlands

In the Netherlands, a same-sex marriage law does not actually exist. Back in 2001, the existing (normal) marriage law was 'only' changed, so that it now includes marriage of same-sex partners. This means that same-sex marriage in the Netherlands is not different from a normal marriage; it's exactly the same. The Dutch law says the following:

“ A marriage is possible between two persons of different or same sex ”

—Dutch civil law, book 1, article 30

That is consistent with the first article of the Dutch civil law, and with the Dutch constitution:

“ All who are in the Netherlands, are free to benefit from civil rights ”

Dutch civil law, book 1, article 1

“ All who are in the Netherlands, are to be treated equal in equal circumstances. Discrimination by religion, philosophy, political preference, race, gender, or by any means possible is forbidden. ”

Dutch constitution, article 1

Civil unions

The first same-sex union in modern history was recognized by the government in Denmark in 1989. It provided many of the right of marriage, but not all.

Civil unions, civil partnership, domestic partnership, unregistered partnership/unregistered co-habitation or registered partnerships that offer some of the benefits of marriage are available in the following countries and territories that do not provide same-sex marriage: Andorra, Croatia, Cyprus, Czech Republic, Estonia, Greece, Hungary (unregistered co-habitation since 1996; registered partnership from 2009), Israel, Italy, Liechtenstein, Veracruz in Mexico, Monaco, Montenegro, Aruba in the Netherlands, San Marino, Slovenia, and the UK possession of the Cayman Islands.

Adoption

Adoption laws and same-sex marriage:

  A couple in a same-sex union is allowed to adopt an unrelated child

  If one person in a same-sex union has a child, the other is allowed to adopt and be the second parent of that child

  Countries with no adoption or marriage for same-sex couples

  Countries with same-sex marriage, but where adoption by those couples is not allowed, even if one person in the marriage is already the parent of that child

Same-sex marriage does not always mean marriage equality. In many countries, adoption law and reproductive rights are independent of marriage law. For example, same-sex couples may be allowed to marry, and "married" couples may be allowed to adopt children, but same-sex married couples may not be allowed to adopt. This was the situation in Portugal for several years. Currently (2023), same-sex married couples are prevented from adopting children in Ecuador, Taiwan, and several states of Mexico. On the other hand, a few countries have allowed same-sex couples to adopt children, even while they do not allow them to marry. Usually these countries have civil unions. An example in 2022 is Croatia.

Controversy

The controversy over recognition of same-sex unions as marriages is a very important part of a larger debate about the definition of a family. Same-sex marriage is not considered as valid by many religions. Many others, however, see same-sex marriage as important for all people to be equal. They sometimes say that religions and law (Defense of Marriage Act, for example) who do not support same-sex marriage are intolerant (they do not show respect to other peoples' beliefs). Additionally, people married in civil unions usually do not enjoy all the benefits (lower taxes, health insurance etc.).

Organizations involved in same sex marriage

Various organizations exist in part to support the rights of homosexual or gay men and women to marry people of the same sex. One organization is the Human Rights Campaign or HRC.

Related pages

• Same-sex couple
• Same-sex marriage in the United Kingdom
• Same-sex marriage in the United States

Notes

References

• Robert P. George & Jean Bethke Elshtain (eds) 2006, ed. (2006). The Meaning of Marriage: family, state, market, and morals. Dallas: Spence Publishing Company. ISBN 1-890626-64-3. Search this book on

Other websites

• LA Weekly feature, "California Supreme Court Set to Consider Gay Marriage", Feb. 2008 by Matthew Fleischer Archived 2008-04-17 at the Wayback Machine
• Today is Freedom to Marry Day - Just Don't Say "Gay Marriage"!, Evan Wolfson, Huffington Post, February 12, 2008.

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