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 | ||
Norway | April 1993 | Registered partnership | Passed | Passed | Signed | Yes | ||
Sweden | June 1994 | Registered partnership [3] | Passed | Passed | Signed | Yes | ||
Iceland | April 1996 | Registered partnership [4] | Passed | Passed | Signed | Yes | ||
Netherlands | January 1998 | Registered partnership | Passed | Passed | Signed | Yes | ||
Belgium | January 1999 | Civil Union | Passed | Passed | Signed | Yes | ||
France | November 1999 | Pacte civil de solidarité | Passed | Passed | Signed | Yes | ||
Netherlands | December 2000 | Same-sex marriage | 75 | 26 | 109 | 33 | Signed | Yes |
Portugal | March 2001 | União de Facto (gender neutral) | Passed | Passed | Signed | Yes | ||
Germany | August 2002 | Life Partnership | Passed | Passed | Signed | Yes | ||
Finland | September 2002 | Registered partnership | Passed | Passed | Signed | Yes | ||
Belgium | February 2003 | Same-sex marriage | 46 | 15 | 91 | 22 | Signed | Yes |
Liechtenstein | 2003 | Registered partnership | 10 | 15 | n/a | n/a | - | No |
Croatia | July 2004 | Unregistered cohabitation | Passed | Passed | Signed | Yes | ||
United Kingdom | November 2004 | Civil Partnership [5] | 251 | 136 | 426 | 29 | Signed | Yes |
New Zealand | November 2004 | Civil union | n/a | n/a | 65 | 55 | Signed | Yes |
Luxembourg | 2004 | Civil union | Passed | Passed | Signed | Yes | ||
Switzerland | June 2005 | Registered partnership | Nationwide referendum (58%) | Yes | ||||
Spain | June 2005 | Same-sex marriage | 131 | 119 | 187 | 147 | Signed | Yes |
Canada | June 2005 | Same-sex marriage | 47 | 21 | 158 | 133 | Signed | Yes |
Czech Republic | June 2005 | Registered partnership | 65 | 14 | 86 | 54 | Vetoed, overridden | Yes |
Slovenia | July 2005 | Registered partnership | Passed | 44 | 3 | Signed | Yes | |
South Arica | November 2006 | Same-sex marriage | Passed | 230 | 41 | Signed | Yes | |
Colombia | June 2007 | Civil union | 29 | 34 | 62 | 43 | - | No |
Luxembourg | July 2007 | Same-sex marriage | 22 | 38 | n/a | n/a | - | No |
Hungary | November 2007 | Registered partnership | n/a | n/a | 185 | 154 | Signed | Ruled unconstitutional |
Norway | June 2008 | Same-sex marriage | 23 | 17 | 84 | 41 | Signed | Yes |
Romania | July 2008 | Civil union [6] | Failed | - | - | - | No | |
Ecuador | September 2008 | Civil union | Nationwide constitutional referendum (63.93%) | Yes | ||||
Portugal | October 2008 | Same-sex marriage | n/a | n/a | 28 | 202 | - | No |
Uruguay | December 2008 | Civil union | Passed | Signed | Yes | |||
Sweden | April 2009 | Same-sex marriage | n/a | n/a | 261 | 22 | Signed | Yes |
Hungary | April 2009 | Registered partnership | n/a | n/a | 199 | 159 | Signed | 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 | |||
Lithuania | 1992 | Same-sex marriage2 [19] | Passed | Passed | Yes | |||
Moldova | July 1994 [20] | Same-sex marriage2 | Passed | Passed | Yes | |||
Ukraine | June 1996 [21] | Same-sex marriage2 | 315 | 85 | n/a | Yes | ||
Poland | April 1997 | Same-sex marriage [22] | Nationwide constitutional referendum (52.71%) | Yes | ||||
Honduras | March 2005 | Same-sex marriage | Passed | Passed | Signed | Yes | ||
Uganda | September 2005 | Same-sex marriage | n/a | 111 | 17 | Signed | Yes | |
Latvia | December 2005 | Same-sex marriage | Passed | Passed | Signed | Yes | ||
Serbia | October 2006 | Same-sex marriage [23] | Nationwide constitutional referendum (53%) | Yes | ||||
El Salvador | 2006 | Same-sex marriage [24] | Failed | - | - | No | ||
Montenegro | October 2007 | Same-sex marriage2 [25] | 55 | 21 | n/a | Yes | ||
Ecuador | September 2008 | Same-sex marriage | Nationwide constitutional referendum (63.93%) | Yes | ||||
Bolivia | January 2009 | Same-sex marriage and civil unions | Nationwide constitutional referendum (61.43%) | 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 |
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 |
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 |
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 |
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 |
Colombia | February 2007 | A Colombian court ruled that some common law benefits must be extended to same-sex couples. [33] | Yes |
Aruba | April 2007 | The Supreme of the Netherlands ruled that Aruba must recognize all Dutch marriages, including same-sex marriages. [34] | Yes |
Netherlands Antilles | April 2007 | The Supreme Court of the Netherlands's ruling applied to the Netherlands Antilles in addition to Aruba. | 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 |
Colombia | January 2009 | The constitutional court later ruled that the benefits for same-sex couples must be expanded. [36] | 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 |
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
[edit]- Civil union
- Registered partnership
- Domestic partnership
- LGBT rights by country or territory
- Same-sex marriage legislation in the United States