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Same sex union legislation

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Same-sex union legislation

Same-sex marriage is legal (nationwide or in some parts) in the following countries: Argentina, Belgium, Brazil, Canada, Colombia, Denmark, Finland, France, Iceland, Ireland, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, the United Kingdom, the United States and Uruguay.

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Same-sex marriage is recognized, but not performed, in Estonia, Israel and Malta. Furthermore, same-sex marriages performed in the Netherlands are recognized in Aruba, Curaçao and Sint Maarten.

Whether same-sex couples should be allowed to marry has been and remains the topic of debate worldwide. Thirty-one countries and five jurisdictions worldwide have passed constitutional and/or statutory amendments that explicitly prohibit the legal recognition of same-sex marriage and sometimes other forms of legal unions as well. Twenty countries and twenty-seven jurisdictions worldwide have authorized civil unions or unregistered cohabitation for same-sex couples as an alternative to marriage. The legal name of those unions as well as the amount of rights that they provide can vary greatly.

National level

The first legislation of unregistered cohabitation was introduced in the Netherlands in June 1979. However, the first substantial recognition of same-sex couples didn't occur before the introduction of a new legal form, that of registered partnerships, which was first enacted in Denmark in June 1989. Many countries have followed with similar legislation since then. Legislation of these forms of legal unions still occur with a variety of different names, even after the introduction of same sex marriage, although sometimes they are overwritten by subsequent legislation of same-sex marriage.

There are currently twenty countries that have an alternative form of legal recognition other than marriage on a national level. Those are Andorra, Australia, Austria, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic, Ecuador, Estonia, Germany, Greece, Hungary, Israel, Italy, Liechtenstein, Malta, San Marino (although only for one entitlement), Slovenia and Switzerland.

As of March 2017, legislation to allow an alternative form of legal recognition of same-sex couples other than marriage has been proposed, is pending, or has passed at least one legislative house on a national level in Bolivia, Costa Rica, Guatemala, Monaco, Peru, the Philippines, San Marino, Thailand and Venezuela.

The first same-sex marriage bill ever voted on was passed in the Netherlands in December 2000 and went into force in 2001. Belgium passed a same-sex marriage bill in 2003. Spain and Canada legalized same-sex marriage in 2005 and South Africa legalized it in 2006 thus becoming the next three countries to pass such bills. Same-sex marriage was legalized in both Norway and Sweden in 2009 and in Portugal, Iceland and Argentina in 2010. Denmark opened marriage to same-sex couples in 2012. Brazil, France, Uruguay and New Zealand gave same-sex couples the right to marry in 2013. The United Kingdom allows same-sex marriage since 2014. Same-sex marriage in Luxembourg, the United States and Ireland became legal in 2015. Same-sex marriage in Colombia was legalized in 2016. Finland has allowed same-sex marriage since 2017.

As of March 2017, legislation to allow same-sex marriage has been proposed, is pending, or has passed at least one legislative house on a national level in Australia, Austria, Chile, Costa Rica, Germany, Malta, Nepal, Peru, Switzerland and Taiwan.

Notes:

Sub-national level

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

In countries with a federal system of governance, states and territories often may grant recognition to same-sex couples in their own jurisdictions, although unitary states with a level of devolution, such as Spain or the United Kingdom, also offer such legalities to local authorities. The first jurisdiction to enact unregistered cohabitation was British Columbia in Canada in July 1992. The first jurisdiction to legalize registered partnership was Greenland as part of the Kingdom of Denmark in April 1996. Finally, the first sub-national jurisdiction to legalize same-sex marriage was the Canadian province of Ontario in June 2003.

As of March 2017, there are twenty-seven jurisdictions worldwide have legalized some kind of alternative form of legal union of same-sex couples other than marriage. Those are five Australian states (New South Wales, Queensland, South Australia, Tasmania and Victoria), one Australian territory (the Australian Capital Territory), a constituent country of the United Kingdom (Northern Ireland), all the special municipalities of Taiwan (Kaoshiung, New Taipei, Taichung, Tainan, Taipei and Taoyuan), the Taiwanese provincial city of Chiayi, four counties of Taiwan (Changhua, Chiayi, Hsinchu and Yilan), two special wards of Tokyo (Shibuya and Setagaya), one designated city of Japan (Sapporo), one special city of Japan (Takarazuka), one city of Japan (Iga), one core city of Japan (Naha), the British Crown dependency of Jersey, Aruba, a constituent country of the Kingdom of the Netherlands, and the Mexican state of Tlaxcala

For the time being, fifty-seven jurisdictions worldwide have legalized same-sex marriage. Those are:

  • Thirty-five Native American tribes, namely the Blackfeet Nation, the Central Council of the Tlingit and Haida Indian Tribes of Alaska, the Cherokee Nation, the Cheyenne and Arapaho Tribes, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of Siletz Indians, the Confederated Tribes of the Colville Reservation, Confederated Tribes of the Grand Ronde Community of Oregon, the Coquille Indian Tribe, the Eastern Shoshone Tribe, the Fond du Lac Band of Lake Superior Chippewa, the Fort McDermitt Paiute and Shoshone Tribes, the Fort McDowell Yavapai Nation, the Grand Portage Band of Chippewa, the Iipay Nation of Santa Ysabel, the Keweenaw Bay Indian Community, the Lac du Flambeau Band of Lake Superior Chippewa, the Leech Lake Band of Ojibwe, the Little Traverse Bay Bands of Odawa Indians, the Mashantucket Pequot Tribal Nation, the Menominee Indian Tribe of Wisconsin, the Northern Arapaho Tribe, the Oglala Sioux Tribe, the Oneida Tribe of Indians of Wisconsin, the Osage Nation, the Pascua Yaqui Tribe, the Pokagon Band of Potawatomi Indians, the Port Gamble S'Klallam Tribe, the Puyallup Tribe of Indians, the Salt River Pima-Maricopa Indian Community, the San Carlos Apache Tribe, the Sault Ste. Marie Tribe of Chippewa Indians, the Stockbridge-Munsee Community Band of Mohican Indians, the Suquamish Tribe and the Tulalip Tribes of Washington.
  • Nine Mexican states, namely Campeche, Chihuahua, Coahuila, Colima, Jalisco, Michoacán, Morelos, Nayarit and Quintana Roo, and the Mexican Federal District of Mexico City.
  • As well as England, Wales and Scotland, three constituent countries of the United Kingdom, the British Overseas Territories of Akrotiri and Dhekelia, Ascension Island, the British Antarctic Territory, the British Indian Ocean Territory, Gibraltar and the Pitcairn Islands and the British Crown dependencies of Guernsey and the Isle of Man.
  • Greenland, an autonomous country within the Kingdom of Denmark.

    • As of March 2017, legislation to allow same-sex marriage has been proposed, is pending, or has passed at least one legislative house in the Mexican states of Aguascalientes, Baja California, Baja California Sur, Chiapas, Guanajuato, México, Nuevo León, Oaxaca, Puebla, Querétaro, Sinaloa, Tabasco, Tamaulipas, Veracruz, Yucatán and Zacatecas, the Mexican city of Tijuana, the Danish constituent country of the Faroe Islands, as well as the British Crown dependencies of Alderney and Jersey, and the British Overseas Territory of the Falkland Islands.

    Note:

    Constitutional efforts to prohibit same-sex unions

    Sometimes unintentionally but usually in response to legislation providing for marriage or other rights to same-sex couples, thirty-one countries, two Mexican states and three British Overseas Territories have passed constitutional amendments banning a variety of same-sex unions. These amendments have taken several forms. Some are limited to banning only marriage. Others ban marriage and prohibit legislation providing "similar rights". Some prohibit government from authorizing any form of same-sex union, while others invalidate existing and future private contracts, including wills, for same-sex couples. Fourteen of the countries with constitutional amendments prohibiting same-sex marriage passed them via constitutional referendum, with the amendment being, most of the times, one of many within a proposed constitution submitted to the people by the government.

    National level

    Jamaica was the first country to prohibit same-sex marriage in July 1962. Paraguay, Honduras and Bolivia are the only cases that not only marriage is prohibited but also de facto unions. Venezuela has a ban on de facto unions but not marriage. In February 2008, Venezuela became the first country to repeal a same-sex marriage ban, followed by Cambodia and Vietnam in 2011 and November 2013, respectively. Legislative attempts to ban same-sex marriage in El Salvador and the United States have failed twice.

    Currently, thirty-one countries prohibit same-sex marriage on a national level. Those are Armenia, Belarus, Bolivia, Bulgaria, Burkina Faso, Burundi, the Central African Republic, Croatia, Cuba, the Democratic Republic of the Congo, Dominican Republic, Ecuador, Honduras, Hungary, Jamaica, Kenya, Kyrgyzstan, Latvia, Lithuania, Moldova, Montenegro, Palau, Paraguay, Poland, Rwanda, Serbia, Slovakia, South Sudan, Uganda, Ukraine and Zimbabwe.

    As of March 2017, legislation to ban same-sex marriage has been proposed, is pending, or has passed at least one legislative house on a national level in Chile, El Salvador, Georgia, and Romania

    Notes:

    Sub-national level

    The first jurisdiction to explicitly ban same-sex marriage in its constitution was the U.S. state of Alaska in November 1998, however same-sex marriage was legalised in the state in October 2014. The first jurisdiction to enact such a ban and still has it enforced is the Cayman Islands, which is a British Overseas Territory, in June 2009.

    Currently, five jurisdictions worldwide have constitutional bans on same-sex marriage. Those are three British Overseas Territories, the Cayman Islands, Montserrat and the Turks and Caicos Islands, and the Mexican states of Baja California and Yucatán.

    Notes:

    References

    Same-sex union legislation Wikipedia
    (Text) CC BY-SA


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