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User:VoodooIsland/Same-sex marriage legislation around the world

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For the status in the United States, see Same-sex marriage legislation in the United States.

Same-sex marriage is currently legal in seven countries, which include the Netherlands, Belgium, Spain, South Africa, Canada, Norway, and Sweden.[1] Six US states also recognize same-sex marriage, those being Massachusetts, Connecticut, Iowa, Vermont (effective September 1), Maine (effective September 14), and New Hampshire (effective January 1, 2010).[2] Numerous other countries and regions also grant some form of recognition to same-sex couples; though do not provide same-sex marriage. The issue of same-sex marriage has been a controversial debate throughout the world, and several regions and countries have passed statutory and constitutional amendments that explicitly prohibit the legal recognition of same-sex marriage, sometimes also barring any form of recognition.[3]

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 common-law status for same-sex couples. As of July 2009, 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.

Efforts to enable same-sex unions

[edit]
Country Date Same-sex union Upper House Lower house Head of State Final
outcome
Yes No Yes No
Denmark June 1989 Registered partnership [2] Passed Passed Signed Yes Yes
Norway April 1993 Registered partnership Passed Passed Signed Yes Yes
Sweden June 1994 Registered partnership [3] Passed Passed Signed Yes Yes
Iceland April 1996 Registered partnership [4] Passed Passed Signed Yes Yes
Netherlands January 1998 Registered partnership Passed Passed Signed Yes Yes
Belgium January 1999 Civil Union Passed Passed Signed Yes Yes
France November 1999 Pacte civil de solidarité Passed Passed Signed Yes Yes
Netherlands December 2000 Same-sex marriage 75 26 109 33 Signed Yes Yes
Portugal March 2001 União de Facto (gender neutral) Passed Passed Signed Yes Yes
Germany August 2002 Life Partnership Passed Passed Signed Yes Yes
Finland September 2002 Registered partnership Passed Passed Signed Yes Yes
Belgium February 2003 Same-sex marriage 46 15 91 22 Signed Yes Yes
Liechtenstein 2003 Registered partnership 10 15 n/a n/a - No No
Croatia July 2004 Unregistered cohabitation Passed Passed Signed Yes Yes
United Kingdom November 2004 Civil Partnership [5] 251 136 426 29 Signed Yes Yes
New Zealand November 2004 Civil union n/a n/a 65 55 Signed Yes Yes
Luxembourg 2004 Civil union Passed Passed Signed Yes Yes
Switzerland June 2005 Registered partnership Nationwide referendum (58%) Yes Yes
Spain June 2005 Same-sex marriage 131 119 187 147 Signed Yes Yes
Canada June 2005 Same-sex marriage 47 21 158 133 Signed Yes Yes
Czech Republic June 2005 Registered partnership 65 14 86 54 Vetoed, overridden Yes Yes
Slovenia July 2005 Registered partnership Passed 44 3 Signed Yes Yes
South Arica November 2006 Same-sex marriage Passed 230 41 Signed Yes Yes
Colombia June 2007 Civil union 29 34 62 43 - No No
Luxembourg July 2007 Same-sex marriage 22 38 n/a n/a - No No
Hungary November 2007 Registered partnership n/a n/a 185 154 Signed Yes Ruled unconstitutional
Norway June 2008 Same-sex marriage 23 17 84 41 Signed Yes Yes
Romania July 2008 Civil union [6] Failed - - - No No
Ecuador September 2008 Civil union Nationwide constitutional referendum (63.93%) Yes Yes
Portugal October 2008 Same-sex marriage n/a n/a 28 202 - No No
Uruguay December 2008 Civil union Passed Signed Yes Yes
Sweden April 2009 Same-sex marriage n/a n/a 261 22 Signed Yes Yes
Hungary April 2009 Registered partnership n/a n/a 199 159 Signed Yes Yes
Ireland July 2009 Civil partnership Pending - - -
Venezuela July 2009 Same-sex marriage [7] Pending - - -
Costa Rica July 2009 Civil union [8] Pending - - -
Luxembourg July 2009 Same-sex marriage [9] Proposed - - -
Slovenia July 2009 Same-sex marriage [10] Proposed - - -
Portugal September 2009 Same-sex marriage [11] Proposed - - -
Uruguay September 2009 Same-sex marriage [12] Proposed - - -
Argentina 2009 Same-sex marriage [13] Proposed - - -
Iceland 2009 Same-sex marriage [14] Proposed - - -
Israel 2009 Same-sex marriage [15] Proposed - - -
Scotland 2009 Same-sex marriage [16] Proposed - - -
Nepal 2009-2010 Same-sex marriage [17] Proposed - - -
Estonia 2009 Civil union Proposed - - -

Constitutional efforts to prohibit same-sex unions

[edit]
Country Date Ban on Upper House Lower house Head of state Final
outcome
Yes No Yes No
Bulgaria July 1991 Same-sex marriage2 [18] Passed Passed Yes Yes
Lithuania 1992 Same-sex marriage2 [19] Passed Passed Yes Yes
Moldova July 1994 [20] Same-sex marriage2 Passed Passed Yes Yes
Ukraine June 1996 [21] Same-sex marriage2 315 85 n/a Yes Yes
Poland April 1997 Same-sex marriage [22] Nationwide constitutional referendum (52.71%) Yes Yes
Honduras March 2005 Same-sex marriage Passed Passed Signed Yes Yes
Uganda September 2005 Same-sex marriage n/a 111 17 Signed Yes Yes
Latvia December 2005 Same-sex marriage Passed Passed Signed Yes Yes
Serbia October 2006 Same-sex marriage [23] Nationwide constitutional referendum (53%) Yes Yes
El Salvador 2006 Same-sex marriage [24] Failed - - No No
Montenegro October 2007 Same-sex marriage2 [25] 55 21 n/a Yes Yes
Ecuador September 2008 Same-sex marriage Nationwide constitutional referendum (63.93%) Yes Yes
Bolivia January 2009 Same-sex marriage and civil unions Nationwide constitutional referendum (61.43%) Yes Yes
Dominican Republic June 2009 All same-sex unions [26] Passed Passed Pending
El Salvador June 2009 Same-sex marriage [27] Pending Passed -
Cayman Islands 2009 All same-sex unions Proposed - - -
Nigeria 2009 All same-sex unions1 Proposed - - -

1 Not only does the proposal in Nigeria prohibit any form of same-sex relationship from being recognized by the state, it also prescribes five years prison time for anyone found participating in a same-sex union; which includes anyone who "performs, witnesses, aids, or abets" a same-sex marriage. The legislation would also prescribe the same prison sentence for anyone who engages in male-to-male intercourse, lesbianism, or organizes a gay rights organization.[4]
2 The ban on same-sex marriage or ban on same-sex marriage and other kinds of same-sex unions was an amendment within a constitution that was approved or rejected by the government.

Court challenges to enable same-sex unions

[edit]
Country Year Description Restrictions
unconstitutional?
Israel 1994 An Israeli court ruled that same-sex couples are entitled to the same common law benefits as opposite-sex couples. Yes Yes
South Korea 2004 The Democratic Party of South Korea led a challenge to the government's exclusion of same-sex couples from marriage in 2004. [28] No developments
South Africa December 2005 In December 2005, the Constitutional Court of South Africa ruled that restricting marriage to same-sex couples was unconstitutional. [29] Yes Yes
Costa Rica May 2006 The Supreme Court of Costa Rica ruled 5-2 that restricting marriage to opposite-sex couples what not unconstitutional. [30] No No
United Kingdom July 2006 The High Court ruled that recognizing same-sex marriages performed abroad as "civil partnerships" over marriages was not discriminatory. [31] No No
Israel 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. [32]
Yes Yes
Colombia February 2007 A Colombian court ruled that some common law benefits must be extended to same-sex couples. [33] Yes Yes
Aruba April 2007 The Supreme of the Netherlands ruled that Aruba must recognize all Dutch marriages, including same-sex marriages. [34] Yes Yes
Netherlands Antilles April 2007 The Supreme Court of the Netherlands's ruling applied to the Netherlands Antilles in addition to Aruba. Yes Yes
Nepal November 2008 The government has been ordered to include a same-sex couple inclusive marriage law in the upcoming 2010 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. [35]
Yes Yes
Colombia January 2009 The constitutional court later ruled that the benefits for same-sex couples must be expanded. [36] Yes Yes
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 sixth months to respond to the ruling. [37]
Yes Yes
Brazil July 2009 The constitutionality of Brazil's same-sex couple exclusive marriage law is under challenge in the Supreme Court.
Greece 2009 A same-sex couple who recently had their marriage ruled invalid has announced their intention to appeal the ruling.

See also

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References

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