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{{short description|Marriage of persons of the same sex or gender}} | |||
{{Use dmy dates|date=October 2012}} | |||
{{redirect2|Marriage equality|gay marriage|other uses|marriage equality (disambiguation)|and|gay marriage (disambiguation)}} | |||
{{redirect|Marriage equality}} | |||
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{{Use dmy dates|date=March 2019}} | |||
{{Same-sex unions}} | {{Same-sex unions}} | ||
{{LGBTQ sidebar|rights}} | |||
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<!--- *** Please consider achieving consensus on the talk (discussion) page first before editing the introduction. *** --->{{Discrimination sidebar}} | ||
'''Same-sex marriage''' (also known as '''gay marriage''') is marriage between two persons of the same ] or ]. Legal recognition for same-sex marriage is also referred to as '''marriage equality'''.<ref>{{cite news |url= http://www.nydailynews.com/ny_local/2011/06/25/2011-06-25_gay_marriage_in_new_york_lady_gaga_ricky_martin_ellen_de_generes_and_more_celebr.html |title=Gay marriage in New York |work=New York Daily News |quote=Celebs who have long advocated for marriage equality flooded the Twittersphere to rejoice with their fans, friends and partners after Friday's decision in New York. |first=Aliyah |last=Shahid |date=25 June 2011}}</ref> | |||
'''Same-sex marriage''', also known as '''gay marriage''', is the ] of two people of the same legal ]. {{As of|2025|post=,}} marriage between same-sex couples is legally performed and recognized in 37 countries, with a total population of 1.5<!--counting 1,532.722 M, including Nepal and Thailand but not Israel, 2023 UN data, out of 7,795.311M world (deducting 250M for systemic over-count in China) --> billion people (20%<!--19.66% including Nepal and Thailand--> of the world's population). The most recent jurisdiction to legalize same-sex marriage is ]. ] is set to begin performing same-sex marriages in January 2025. | |||
Since 2000, eleven countries (], ], ], ], ], the ], ], ], ], ], and ]) and several sub-national jurisdictions (parts of ] and the ]) have begun to allow same-sex couples to marry. Introduction of same-sex marriage has varied by jurisdiction, being variously accomplished through a legislative change to marriage laws, a court ruling based on constitutional guarantees of equality, a ballot initiative, or a referendum. The recognition of same-sex marriage is a political, social, civil-rights and religious issue in many nations, and debates continue to arise over whether same-sex couples should be allowed marriage, be required to hold a different status (a ]), or not have any such rights. | |||
Same-sex marriage is legally recognized in a large majority of the world's ]; notable exceptions are ], ], ] and the ]. ] are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as ] and ], restrict advocacy for same-sex marriage.<ref>{{Cite journal |last=VERPOEST |first=LIEN |date=2017 |title=The End of Rhetorics: LGBT policies in Russia and the European Union |url=https://www.jstor.org/stable/26531664 |journal=Studia Diplomatica |volume=68 |issue=4 |pages=3–20 |jstor=26531664 |issn=0770-2965}}</ref> A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated ], which is generally interpreted as prohibiting marriage between same-sex couples.{{citation needed|date=June 2024}} In six of the former and most of the latter, homosexuality itself ]. | |||
Same-sex marriages can be performed in a secular ] or in a religious setting. Members of various religions around the world practice same-sex marriages; for example: <!-- PLEASE DO NOT ADD SECTS, DENOMINATIONS, BRANCHES OR SUB-GROUPS TO THE SENTENCE WHICH IS SPECIFICALLY ABOUT DISTINCT RELIGIONS. THESE ARE MERELY EXAMPLES; THERE'S NO NEED TO OVERDO THIS LIST. PLEASE CONSIDER PLACING ANY ADDITIONAL DENOMINATIONS IN THE "RELIGION" SUBSECTION. THE CURRENT RELIGIOUS GROUPS DO NOT INCLUDE INDIVIDUAL CONGREGATIONS.-->], ]ns, ], ], ] and ] religions with a ] tradition. There are also several denominations, branches and sub-groups within religions that favor or practise same-sex marriage, such as ], ], the ], the ], the ], ] and ] Jews. | |||
There are records of marriage between men dating back to the ].<ref name="WilliamsRoman2">Williams, CA., ''Roman Homosexuality: Second Edition'', Oxford University Press, 2009, p. 280, p. 284.</ref> ]<ref name="auto">{{Cite news|last1=Padnani|first1=Amisha|author1-link=Amy Padnani|last2=Fang|first2=Celina|date=June 26, 2015|title=Same-Sex Marriage: Landmark Decisions and Precedents|language=en-US|work=The New York Times|url=https://www.nytimes.com/interactive/2015/06/26/us/samesex-marriage-landmarks.html|access-date=|issn=}}</ref><ref name="auto1">{{Cite web|last=Baume|first=Matt|date=March 1, 2019|title=Meet the Gay Men Whose 1971 Marriage Was Finally Recognized|url=https://www.advocate.com/people/2019/3/01/meet-gay-men-whose-1971-marriage-was-finally-recognized|access-date=|website=The Advocate|language=en}}</ref> are the first same sex couple in modern recorded history<ref name="auto2">] Archive (September 12, 2017). {{Cite web|url=https://archive.storycorps.org/interviews/dda002648/|title=Michael McConnell, Jack Baker, and Lisa Vecoli}} | |||
Studies conducted in several countries indicate that support for the legalization of same-sex marriage increases with higher levels of education and that support is strong among younger people. Additionally, polls show that there is rising support for same-sex marriage across all races, ethnicities, ages, religions, socioeconomic statuses, etc.<ref>See | |||
* Michael McConnell (75) and husband Jack Baker (75) talk with friend Lisa Vecoli (55) about having the first same-sex marriage legally recognized by a U.S. civil government in 1971, why they chose to get married, and what the response to their marriage was like. | |||
*{{cite web|last=Newport|first=Frank|title=For First Time, Majority of Americans Favor Legal Gay Marriage|url=http://www.gallup.com/poll/147662/First-Time-Majority-Americans-Favor-Legal-Gay-Marriage.aspx|publisher=]|accessdate=25 September 2012}} | |||
* JB describes the decades-long (46-year) process from the denial of their marriage license in 1971 until a second request that same year in ], ], was "declared to be in all respects valid" by Order of Gregory J. Anderson, Judge of District Court.</ref> known to obtain a ],<ref name="National Archives">Newsletter, "Hidden Treasures from the Stacks", ''The National Archives at Kansas City'', p. 6 (September 2013). | |||
*{{cite web|title=Survey – Generations at Odds: The Millennial Generation and the Future of Gay and Lesbian Rights|url=http://publicreligion.org/research/2011/08/generations-at-odds/|publisher=]|accessdate=25 September 2012}} | |||
* </ref> have their marriage solemnized, which occurred on September 3, 1971, in ],<ref name="3Sept1971">Source: Blue Earth County | |||
*{{cite news|title=Data Points: Support for Legal Same-Sex Marriage|url=http://chronicle.com/article/Chart-Support-for-Legal/64683/|accessdate=25 September 2012|newspaper=]|date=16 March 2010}} | |||
* Certificate 434960: | |||
*{{cite web|title=Pew Forum Part 2: Public Opinion on Gay Marriage|url=http://www.pewforum.org/PublicationPage.aspx?id=647|publisher=]|accessdate=25 September 2012}} | |||
:* Applicants: James Michael McConnell and Pat Lyn McConnell | |||
*{{cite web|title=Same-Sex Marriage: Let's Make a Change|url=http://www.montrealites.ca/justice/same-sex-marriage-lets-make-a-change.html|publisher=Montrealites Justice|accessdate=25 September 2012}} | |||
:* Date of Marriage: September 3, 1971 | |||
*{{cite web|title=Support for Same‐Sex Marriage in Latin America|url=http://www.vanderbilt.edu/lapop/insights/I0844.enrevised.pdf|publisher=]|accessdate=25 September 2012}} | |||
* Certified Copy: </ref> and have it legally recognized by any form of government.<ref name=ruling>"The September 3, 1971 marriage of James Michael McConnell and Pat Lyn McConnell, a/k/a Richard John Baker, has never been dissolved or annulled by judicial decree and no grounds currently exist on which to invalidate the marriage." | |||
*{{cite news|title=Most Irish people support gay marriage, poll says|url=http://www.pinknews.co.uk/2011/02/24/most-irish-people-support-gay-marriage-poll-says/|accessdate=25 September 2012|newspaper=PinkNews|date=24 February 2011}} | |||
* Sources: CONCLUSIONS OF LAW by Assistant Chief Judge Gregory Anderson, Fifth Judicial District, (page 4); | |||
*{{cite news|last=Jowit|first=Juliette|title=Gay marriage gets ministerial approval|url=http://www.guardian.co.uk/society/2012/jun/12/gay-marriage-receive-ministerial-approval|accessdate=25 September 2012|newspaper=]|date=12 June 2012}} | |||
* Copy: , File Number 07-CV-16-4559, "Findings of Fact, Conclusions of Law and Order for Partial Summary Judgment" from Blue Earth County District Court in re James Michael McConnell et al. v. Blue Earth County et al. (September 18, 2018); | |||
*{{cite web|title=Gay Life in Estonia|url=http://www.globalgayz.com/europe/estonia/gay-life-in-estonia/|publisher=globalgayz.com|accessdate=25 September 2012}} | |||
* from ''U of M Libraries''; | |||
*{{cite web|title=Public Opinion: Nationally|url=http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/|publisher=australianmarriageequality.com|accessdate=3 October 2012}}</ref><ref>{{cite news|last=Shapiro|first=Lila|title=Same-Sex Marriage Support Growing In New Poll, Experts Say Personal Knowledge Of Gays May Play Role|url=http://www.huffingtonpost.com/2012/06/08/same-sex-marriage_n_1581702.html|accessdate=28 September 2012|newspaper=]|date=8 June 2012}}</ref> | |||
* McConnell Files, "America’s First Gay Marriage" (binder #4), Tretter Collection in GLBT Studies, ''U of M Libraries''.</ref><ref name="epilogue">Michael McConnell, with Jack Baker, as told to Gail Langer Karwoski, " {{Webarchive|url=https://web.archive.org/web/20150826235010/https://www.upress.umn.edu/book-division/books/the-wedding-heard-around-the-world |date=August 26, 2015 }}". University of Minnesota Press (2016). Reprint, "With A New Epilogue" (2020).</ref> The first law providing for marriage equality between same-sex and opposite-sex couples was ] in 2000 and took effect on 1 April 2001.<ref name="bloomberg-2014-12-04">{{Cite web |last=Winter |first=Caroline |date=December 4, 2014 |title=In 14 years, same-sex marriage has spread round the world |url=https://www.bloomberg.com/news/articles/2014-12-04/gay-marriage-same-sex-partners-can-wed-in-many-countries |url-status=live |archive-url=https://web.archive.org/web/20220113164339/https://www.bloomberg.com/news/articles/2014-12-04/gay-marriage-same-sex-partners-can-wed-in-many-countries |archive-date=13 January 2022 |access-date=2022-02-20 |publisher=Bloomberg}}</ref> The application of ] equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through ]s and ]s.<ref>{{Cite web |date=26 September 2013 |title=Same-sex Oklahoma couple marries legally under tribal law |url=http://www.koco.com/news/oklahomanews/around-oklahoma/samesex-oklahoma-couple-marries-legally-under-tribal-law/-/12530084/22553184/-/101ihp0z/-/index.html |url-status=live |archive-url=https://web.archive.org/web/20131022022830/http://www.koco.com/news/oklahomanews/around-oklahoma/samesex-oklahoma-couple-marries-legally-under-tribal-law/-/12530084/22553184/-/101ihp0z/-/index.html |archive-date=22 October 2013 |access-date=22 October 2013 |publisher=KOCO}}</ref><ref>{{Cite web |date=19 June 2022 |title=Clela Rorex, former Boulder County Clerk who issued first same-sex marriage license in 1975 dies at 78 |url=https://www.coloradodaily.com/2022/06/19/former-boulder-county-clerk-who-issued-first-same-sex-marriage-license-in-1975-dies-at-78/}}</ref> The most prominent supporters of same-sex marriage are the world's major medical and ],<ref name="science" /><ref name="amici" /><ref name="cpa2006" /> along with ] and ] organizations,<ref name="bbc" /> while its most prominent opponents are ] groups.<ref name="religion" /> ] continually rising support for the recognition of same-sex marriage in all developed democracies and in many developing countries. | |||
Scientific studies show that the financial, psychological, and physical well-being of gay people is enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. At the same time, no harm is done to the institution of marriage among heterosexuals.<ref>Molly Ball, 2024 May 13, ''Wall Street Journal'', </ref> Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals.<ref>Multiple sources: | |||
==Summary== | |||
*{{Cite web |publisher=] |year=2004 |title=Resolution on Sexual Orientation and Marriage |url=http://www.apa.org/about/governance/council/policy/gay-marriage.pdf |url-status=dead |archive-url=https://web.archive.org/web/20110511190536/http://www.apa.org/about/governance/council/policy/gay-marriage.pdf |archive-date=11 May 2011 |access-date=10 November 2010}} | |||
[[File:World marriage-equality laws.svg|thumb|left|450px|{{legend|#002255|Marriage open to same-sex couples}} | |||
*{{cite web|url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf|title=Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)|access-date=5 November 2010|archive-date=13 April 2015|archive-url=https://web.archive.org/web/20150413160709/http://cdn.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf|url-status=live}} | |||
{{legend|#008080|Recognized or performed in limited circumstances}} | |||
*{{cite web|title=Marriage of Same-Sex Couples – 2006 Position Statement |url=http://www.cpa.ca/cpasite/userfiles/Documents/Practice_Page/Marriage_SameSex_Couples_PositionStatement.pdf|publisher=]|access-date=28 September 2012|url-status=dead|archive-url=https://web.archive.org/web/20120707191052/http://www.cpa.ca/cpasite/userfiles/Documents/Practice_Page/Marriage_SameSex_Couples_PositionStatement.pdf|archive-date=7 July 2012}} | |||
{{legend|#ABC837|High court ruled in favor, but not yet implemented}} | |||
*{{Cite journal|vauthors=Pawelski JG, Perrin EC, Foy JM |display-authors=etal |title=The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children|journal=]|volume=118|issue=1|pages=349–64|date=July 2006|pmid=16818585|doi=10.1542/peds.2006-1279|s2cid=219194821 |doi-access= |issn=0031-4005}} | |||
{{legend|#DECD87|Government supports legalization}} | |||
*{{Cite journal |url=http://pediatrics.aappublications.org/cgi/content/full/118/1/349 |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |journal=Pediatrics |volume=118 |issue=1 |pages=349–364 |access-date=7 July 2017 |doi=10.1542/peds.2006-1279 |pmid=16818585 |year=2006 |last1=Pawelski |first1=J. G. |last2=Perrin |first2=E. C. |last3=Foy |first3=J. M. |last4=Allen |first4=C. E. |last5=Crawford |first5=J. E. |last6=Del Monte |first6=M. |last7=Kaufman |first7=M. |last8=Klein |first8=J. D. |last9=Smith |first9=K. |last10=Springer |first10=S. |last11=Tanner |first11=J. L. |last12=Vickers |first12=D. L. |s2cid=219194821 |doi-access= |archive-date=1 May 2011 |archive-url=https://web.archive.org/web/20110501125053/http://pediatrics.aappublications.org/cgi/content/full/118/1/349 |url-status=live }}</ref><ref>{{Cite web |title=Brief of Amici Curiae American Anthropological Association et al., supporting plaintiffs-appellees and urging affirmance – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker) |url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus39.pdf |url-status=live |archive-url=https://web.archive.org/web/20101226182234/http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus39.pdf |archive-date=26 December 2010 |access-date=5 November 2010}}</ref><ref name="aaa" /> Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights.<ref>Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy — Page 13, Wallace Swan – 2004</ref> Opposition is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by ], which show that homosexuality is a natural and normal variation in human sexuality, that ] is not a choice, and that children of same-sex couples fare just as well as the children of opposite-sex couples.<ref name="science">Multiple sources: | |||
{{legend|#CCCCCC|Same-sex marriage not legally recognized}} | |||
*{{Cite web |last=Coghlan |first=Andy |date=16 June 2008 |title=Gay brains structured like those of the opposite sex |url=https://www.newscientist.com/article/dn14146-gay-brains-structured-like-those-of-the-opposite-sex |url-status=live |archive-url=https://web.archive.org/web/20190429012045/https://www.newscientist.com/article/dn14146-gay-brains-structured-like-those-of-the-opposite-sex/ |archive-date=29 April 2019 |access-date=5 April 2018 |website=]}} | |||
]] | |||
*{{cite book|first1=Mary Ann |last1=Lamanna |first2=Agnes |last2=Riedmann |first3=Susan D. |last3=Stewart |title=Marriages, Families, and Relationships: Making Choices in a Diverse Society |publisher=] |isbn=978-1305176898 |year=2014 |page=82 |access-date=11 February 2016 |url=https://books.google.com/books?id=fofaAgAAQBAJ&pg=PA82 |quote=he APA says that sexual orientation is not a choice . (], 2010).|archive-date=30 November 2016|archive-url=https://web.archive.org/web/20161130141623/https://books.google.com/books?id=fofaAgAAQBAJ&pg=PA82|url-status=live}} | |||
*{{cite journal |url=http://pediatrics.aappublications.org/content/118/1/349.full |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |journal=] |year=2006 |doi=10.1542/peds.2006-1279 |access-date=2 November 2013 |last1=Pawelski |first1=J. G. |last2=Perrin |first2=E. C. |last3=Foy |first3=J. M. |last4=Allen |first4=C. E. |last5=Crawford |first5=J. E. |last6=Del Monte |first6=M. |last7=Kaufman |first7=M. |last8=Klein |first8=J. D. |last9=Smith |first9=K. |last10=Springer |first10=S. |last11=Tanner |first11=J. L. |last12=Vickers |first12=D. L. |volume=118 |issue=1 |pages=349–364 |pmid=16818585 |s2cid=219194821 |doi-access=|archive-date=29 April 2019|archive-url=https://web.archive.org/web/20190429011707/https://pediatrics.aappublications.org/content/118/1/349.full|url-status=live}} | |||
The introduction of same-sex marriage has varied by jurisdiction, resulting from legislative changes to marriage laws, court challenges based on constitutional guarantees of equality, or legalization by voters through referendums and ballot initiatives. The recognition of same-sex marriages is a civil rights, equality, human rights, political, social, moral, and religious issue in many nations. Debates arise over whether same-sex couples should be allowed to enter into marriage, be required to use a different status (such as a civil union, which either grant equal rights as marriage or limited rights in comparison to marriage), or not have any such rights.<ref name=MuslimWaPo>{{cite news|last=Taylor|first=Pamela K.|title=Marriage: Both Civil and Religious|url=http://newsweek.washingtonpost.com/onfaith/panelists/pamela_k_taylor/2009/07/marriage_both_civil_and_religious.html|accessdate=20 September 2012|newspaper=]|date=31 July 2009}}</ref><ref>{{cite news|last=Smith|first=Susan K.|title=Marriage a Civil Right, not Sacred Rite|url=http://newsweek.washingtonpost.com/onfaith/panelists/susan_k_smith/2009/07/marriage_a_civil_right_not_sacred_rite.html|accessdate=20 September 2012|newspaper=]|date=30 July 2009}}</ref><ref>{{cite web|title=Decision in Perry v. Schwarzenegger| url=https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf|accessdate=6 August 2010}}</ref> Same-sex marriage can give gay and ] taxpayers equal government services for their contributions to government revenue. Same-sex marriage also gives them legal protections such as inheritance and hospital visitation rights.<ref>Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy - Page 13, Wallace Swan - 2004</ref> | |||
*{{cite web|author1=] |author2=] |author3=] |author4=] |author5=] |author6=] |author7=] |author8=] |display-authors=etal |title=Brief of as ''Amici Curiae'' in Support of Petitioners |website=] |url=https://www.supremecourt.gov/ObergefellHodges/AmicusBriefs/14-556_American_Psychological_Association.pdf |access-date=5 April 2018|archive-url=https://web.archive.org/web/20190412074914/https://www.supremecourt.gov/ObergefellHodges/AmicusBriefs/14-556_American_Psychological_Association.pdf|archive-date=12 April 2019|url-status=dead}} | |||
*{{cite news|first=Lindsey|last=Bever|url=https://www.washingtonpost.com/news/morning-mix/wp/2014/07/07/children-of-same-sex-couples-are-happier-and-healthier-than-peers-research-shows|title=Children of same-sex couples are happier and healthier than peers, research shows|newspaper=]|date=7 July 2014|access-date=12 December 2018|archive-date=4 May 2019|archive-url=https://web.archive.org/web/20190504054558/https://www.washingtonpost.com/news/morning-mix/wp/2014/07/07/children-of-same-sex-couples-are-happier-and-healthier-than-peers-research-shows/|url-status=live}} | |||
Eleven countries (], ], ], ], ], the ], ], ], ], ], ]) allow same-sex couples to marry nationwide. Same-sex marriages are also performed and recognized in ], ], and parts of the ]; in ], civil unions may be converted into marriage. Some jurisdictions that do not perform same-sex marriages but recognize it being performed elsewhere include: ], ], Rhode Island in the United States, ], Brazil, and, in at least one case, ].<ref>{{cite news|title=Uruguay Recognizes First Foreign Same-Sex Marriage|url=http://newamericamedia.org/2012/06/uruguay-recognizes-first-foreign-same-sex-marriage.php|accessdate=20 September 2012|newspaper=La Opinion via newamericamedia.org|date=11 June 2012}}</ref> Australia recognizes same-sex marriages only if one partner has had ].<ref>{{cite news |url= http://www.pinknews.co.uk/news/articles/2005-5661.html |title=Australian trans passport victory |work=Pink News |location =London |date=5 October 2007 |accessdate=28 December 2011}}</ref> | |||
*{{cite journal |url=https://pediatrics.aappublications.org/content/118/1/349.full |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |last1=Pawelski |first1=James G. |last2=Perrin |first2=Ellen C. |last3=Foy |first3=Jane M. |last4=Allen |first4=Carole E. |last5=Crawford |first5=James E. |last6=Del Monte |first6=Mark |last7=Kaufman |first7=Miriam |last8=Klein |first8=Jonathan D. |last9=Smith |first9=Karen |last10=Springer |first10=Sarah |last11=Tanner |first11=J. Lane |last12=Vickers |first12=Dennis L. |quote=In fact, growing up with parents who are lesbian or gay may confer some advantages to children. |date=July 2006 |access-date=16 June 2019 |journal=] |publisher=] |volume=118 |issue=1 |pages=349–64 |pmid=16818585 |doi=10.1542/peds.2006-1279 |s2cid=219194821 |doi-access= |archive-date=1 May 2011 |archive-url=https://web.archive.org/web/20110501125053/http://pediatrics.aappublications.org/cgi/content/full/118/1/349 |url-status=live }}</ref> | |||
{{TOC limit|3}} | |||
Some analysts state that financial, psychological and physical well-being are enhanced by marriage, and that children of same-sex couples benefit from being raised by two parents within a legally recognized union supported by society's institutions.<ref name="psychological">{{cite web |url= http://www.apa.org/about/governance/council/policy/gay-marriage.pdf |title=Resolution on Sexual Orientation and Marriage |year=2004 |author=American Psychological Association |accessdate=10 November 2010}}</ref><ref name="psychiatric">{{cite web |author=American Psychiatric Association |year=2005 |title=Support of Legal Recognition of Same-Sex Civil Marriage |url=http://archive.psych.org/edu/other_res/lib_archives/archives/200502.pdf |accessdate=10 November 2010}}</ref><ref name="psychoanalytic">{{cite web |url= http://www.apsa.org/About_APsaA/Position_Statements/Gay_Marriage.aspx |author=American Psychoanalytic Association |title=Position Paper On Gay Marriage |accessdate=10 November 2010}}</ref><ref name="asa">{{cite web |url=http://www2.asanet.org/public/marriage_res.html |author=American Sociological Association |title= American Sociological Association Member Resolution on Proposed U.S. Constitutional Amendment Regarding Marriage |accessdate=10 November 2010 }}</ref><ref name="amici">{{cite web |url= http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |title=Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker) |accessdate=5 November 2010}}</ref><ref name=cpa2006>{{cite web|title=Marriage of Same-Sex Couples – 2006 Position Statement|url=http://www.cpa.ca/cpasite/userfiles/Documents/Practice_Page/Marriage_SameSex_Couples_PositionStatement.pdf|publisher=]|accessdate=28 September 2012}}</ref><ref name=pediatrics>{{Cite journal|author=Pawelski JG, Perrin EC, Foy JM, ''et al.'' |title=The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children |journal=Pediatrics |volume=118 |issue=1 |pages=349–64 |year=2006 |month=July |pmid=16818585 |doi=10.1542/peds.2006-1279}} available online: http://pediatrics.aappublications.org/cgi/content/full/118/1/349</ref> Court documents filed by American scientific associations also state that singling out gay men and women as ineligible for marriage both stigmatizes and invites public discrimination against them.<ref name="amici2">{{cite web |url= http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus39.pdf |title=Brief of Amici Curiae American Anthropological Association ''et al.'', supporting plaintiffs-appellees and urging affirmance – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker) |accessdate=5 November 2010}}</ref> The American Anthropological Association avers that social science research does not support the view that either civilization or viable social orders depend upon not recognizing same-sex marriage.<ref name="aaa">{{cite web |url=http://www.aaanet.org/stmts/marriage.htm |author=American Anthropological Association |year=2005 |title = Statement on Marriage and the Family from the American Anthropological Association | accessdate=10 November 2010}}</ref> | |||
Some organizations have described same-sex marriage as a ] issue, ],<ref>{{cite web|title=Proposition 8 Challenged in Federal Court; Ted Olson & David Boies to Argue Case|url=http://www.afer.org/press-releases/2009-05-27-release/|publisher=]|accessdate=20 September 2012}}</ref> and of ] ] relationships.<ref>{{Cite journal|last=Abraham|first=Julie|title=Public Relations: Why the Rush to Same-Sex Marriage? And Who Stands to Benefit?|journal=The Women's Review of Books|volume=17|issue=8|pages=12–14|quote=its most vocal advocates want gay marriage because marriage stands at the center of a system of legitimization .|date=May|year=2000|doi=10.2307/4023418|jstor=4023418}}</ref><ref>{{Cite journal|last=Azzolina|first=David|year=2003|month=February|title=The End of Gay (and the Death of Heterosexuality).(Book Review)|journal=Library Journal|page=288}}</ref><ref>{{Cite book|title=The Trouble with Normal|last=Warner|first=Michael|year=1999|publisher=The Free Press|page=80}}</ref> Several authors attribute opposition to same-sex marriage as coming from ]<ref>{{cite news|last=Watson|first=Jamal|title=Sharpton Pledges Fight Against Homophobia Among Blacks|url=http://www.nysun.com/new-york/sharpton-pledges-fight-against-homophobia-among/17991/|accessdate=20 September 2012|newspaper=]|date=3 August 2005}}</ref><ref name=Scalia>{{cite news|title=Frank: Scalia's legal opinions reveal his homophobia|url=http://www.cnn.com/2009/POLITICS/03/25/frank.qanda/#cnnSTCText|accessdate=20 September 2012|publisher=CNN|date=25 March 2009}}</ref><ref>{{Cite book|quote=Clearly homophobia is at the heart of blanket opposition to gay rights policies.|title=The politics of same-sex marriage|author1=Craig A. Rimmerman|author2=Clyde Wilcox|page=234|year=2007|isbn=978-0-226-72001-2|publisher=University of Chicago Press}}</ref><ref>{{Cite book|title=Same-sex marriage and the Constitution|author=Evan Gerstmann|page=56|quote=Keeping marriage heterosexual and dual gendered clearly has more widespread support than other homophobic policies.|publisher=Cambridge University Press|year=2004|isbn=978-0-521-00952-2}}</ref> or ] and liken prohibitions on same-sex marriage to past ] between blacks and whites.<ref>{{Cite news |last=Mathabane |first=Gail |url=http://www.usatoday.com/news/opinion/editorials/2004-01-25-couples_x.htm |title=Gays face same battle interracial couples fought |work=USA Today |location =Washington DC |date=25 January 2004 |accessdate=1 February 2010}}</ref> | |||
==Issues== | |||
] | |||
===LGBT parenting=== | |||
{{Main|LGBT parenting|Same-sex marriage and the family}} | |||
Literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union.<ref name="amici" /><ref name=cpa2006 /><ref name=pediatrics /><ref name=lamb>{{cite web|last=Lamb, Ph.D.|first=Michael|title=Expert Affidavit for U.S. District Court (D. Mass. 2009)|url=http://www.glad.org/uploads/docs/cases/pedersen-v-opm/2011-09-14-pedersen-lamb-rebuttal-afffidavit.pdf|publisher=Gay & Lesbian Advocates & Defenders|accessdate=24 July 2012}}</ref> Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents.<ref name=cpa2006 /><ref name=apsp>{{cite web|url=http://www.psychology.org.au/Assets/Files/LGBT-Families-Lit-Review.pdf |title=Elizabeth Short, Damien W. Riggs, Amaryll Perlesz, Rhonda Brown, Graeme Kane: Lesbian, Gay, Bisexual and Transgender (LGBT) Parented Families – A Literature Review prepared for The Australian Psychological Society |accessdate=5 November 2010}}</ref><ref name=amici2010>{{cite web|title=Brief of the American Psychological Association, The California Psychological Association, The American Psychiatric Association, and The American Association of Marriage and Family Therapy as Amici Curiae in Support of Plaintiff-Appellees|url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf|publisher=]|accessdate=28 September 2012}}</ref> According to scientific literature reviews, there is no evidence to the contrary.<ref name="aap2006">{{cite doi|10.1542/peds.2006-1279}}</ref><ref name="herek2006">{{cite journal |author=Herek GM |title=Legal recognition of same-sex relationships in the United States: a social science perspective |journal=The American Psychologist |volume=61 |issue=6 |pages=607–21 |year=2006 |month=September |pmid=16953748 |doi=10.1037/0003-066X.61.6.607 |url=http://psychology.ucdavis.edu/rainbow/html/AP_06_pre.PDF}}</ref><ref name="How Does the Gender of Parents Matter?">{{cite journal | url=http://www.famigliearcobaleno.org/public/documenti/file/How-Does-the-Gender-of-Parents-Matter.pdf | title=How Does the Gender of Parents Matter? | author=Biblarz, Timothy J.; Stacey, Judith | journal=Journal of Marriage and Family | year=2010 | month=February | volume=72 | issue=1 | pages=3–22 | doi=10.1111/j.1741-3737.2009.00678.x}}</ref><ref name=cpa2005>{{cite web|title=Brief presented to the Legislative House of Commons Committee on Bill C38|url=http://www.cpa.ca/cpasite/userfiles/Documents/advocacy/brief.pdf|publisher=]|accessdate=28 September 2012}}</ref> | |||
====Adoption==== | |||
{{main|LGBT adoption}} | |||
Same-sex marriage can remove legal obstacles to the ] of children by lesbian, gay, ] and ] (]) persons. Adoption can take the form of a joint adoption by a same-sex couple or adoption by one member of a same-sex couple of the other's biological child (step-parent adoption). All countries which allow same-sex marriage also allow joint adoption, with the exception of Portugal. In addition, several countries which do not have marriage equality nonetheless permit joint adoption: Brazil; most of the United Kingdom; Uruguay; Western Australia, NSW, and Canberra within Australia; Coahuilla in Mexico; a number of US states (Rhode Island, New Jersey, California, Indiana, Florida, Arkansas, Illinois, Oregon, Hawaii, Nevada, Delaware, and Guam); and in at least a few cases, Israel. | |||
====Surrogacy and fertility treatment==== | |||
{{main|Assisted reproductive technology}} | |||
A gay or bisexual man has the option of ], the process in which a woman bears a child for another person through ] or carries another woman's surgically implanted ] to birth. A lesbian or bisexual woman has the option of artificial insemination.<ref>The Fertility Sourcebook, Third Edition – Page 245, M. Sara Rosenthal – 2002</ref><ref>An Introduction to Family Social Work – Page 348, Donald Collins, Catheleen Jordan, Heather Coleman – 2009</ref> | |||
===Organizations=== | |||
] | |||
The ] stated in 2004:<ref name="psychological" /> | |||
<blockquote>The institution of civil marriage confers a social status and important legal benefits, rights, and privileges. ... Same-sex couples are denied equal access to civil marriage. ... Same-sex couples who enter into a civil union are denied equal access to all the benefits, rights, and privileges provided by federal law to married couples ... The benefits, rights, and privileges associated with domestic partnerships are not universally available, are not equal to those associated with marriage, and are rarely portable ... Denial of access to marriage to same-sex couples may especially harm people who also experience discrimination based on age, race, ethnicity, disability, gender and gender identity, religion, and socioeconomic status ... the APA believes that it is unfair and discriminatory to deny same-sex couples legal access to civil marriage and to all its attendant benefits, rights, and privileges.</blockquote> | |||
The ] stated in 2004:<ref name="asa" /> | |||
<blockquote>... a constitutional amendment defining marriage as between a man and a woman intentionally discriminates against lesbians and gay men as well as their children and other dependents by denying access to the protections, benefits, and responsibilities extended automatically to married couples ... we believe that the official justification for the proposed constitutional amendment is based on prejudice rather than empirical research ... the American Sociological Association strongly opposes the proposed constitutional amendment defining marriage as between a man and a woman.</blockquote> | |||
The ] stated in 2006:<ref name=cpa2006 /> | |||
<blockquote>The literature (including the literature on which opponents to marriage of same-sex couples appear to rely) indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally-recognized union. As the CPA stated in 2003, the stressors encountered by gay and lesbian parents and their children are more likely the result of the way society treats them than because of any deficiencies in fitness to parent. The CPA recognizes and appreciates that persons and institutions are entitled to their opinions and positions on this issue. However, CPA is concerned that some are mis-interpreting the findings of psychological research to support their positions, when their positions are more accurately based on other systems of belief or values. CPA asserts that children stand to benefit from the well-being that results when their parents' relationship is recognized and supported by society's institutions. | |||
</blockquote> | |||
The ] stated in 2005:<ref name="aaa" /> | |||
<blockquote>The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies.</blockquote> | |||
The ] concluded in 2006, in an analysis published in the journal '']'':<ref name="aap2006"/> | |||
{{quote|There is ample evidence to show that children raised by same-gender parents fare as well as those raised by heterosexual parents. More than 25 years of research have documented that there is no relationship between parents' sexual orientation and any measure of a child's emotional, psychosocial, and behavioral adjustment. These data have demonstrated no risk to children as a result of growing up in a family with 1 or more gay parents. Conscientious and nurturing adults, whether they are men or women, heterosexual or homosexual, can be excellent parents. The rights, benefits, and protections of civil marriage can further strengthen these families.}} | |||
The United Kingdom's ] has stated:<ref>{{cite web |url= http://www.rcpsych.ac.uk/pdf/PS01_2010x.pdf |author=Royal College of Psychiatrists |title=Royal College of Psychiatrists' Position Statement on Sexual Orientation |accessdate=13 November 2010}}</ref> | |||
{{quote| ... lesbian, gay and bisexual people are and should be regarded as valued members of society who have exactly similar {{sic}} rights and responsibilities as all other citizens. This includes ... the rights and responsibilities involved in a civil partnership ...}} | |||
===Health=== | |||
In 2010, a ] ] study examining the effects of institutional discrimination on the psychiatric health of lesbian, gay and bisexual (LGB) individuals found an increase in psychiatric disorders, including a more than doubling of ], among the LGB population living in states that instituted bans on same-sex marriage. According to the author, the study highlighted the importance of abolishing institutional forms of discrimination, including those leading to disparities in the mental health and well-being of LGB individuals. Institutional discrimination is characterized by societal-level conditions that limit the opportunities and access to resources by socially disadvantaged groups.<ref>{{cite web|last=Hasin|first=Deborah|title=Lesbian, gay, bisexual individuals risk psychiatric disorders from discriminatory policies|url=http://www.eurekalert.org/pub_releases/2010-03/cums-lgb030210.php|publisher=]|accessdate=20 September 2012}}</ref><ref name="psychtoday">{{cite news|title=New study suggests bans on gay marriage hurt mental health of LGB people|url=http://www.psychologytoday.com/blog/the-sexual-continuum/201003/new-study-suggests-bans-gay-marriage-hurt-mental-health-lgb-people|accessdate=8 November 2010|newspaper=]|date=22 March 2010|author=Dr. Brian Mustanski}}</ref> | |||
Gay activist ] has argued that marriage is good for all men, whether homosexual or heterosexual, because engaging in its social roles reduces men's aggression and promiscuity.<ref>{{cite web|last=Rauch|first=Jonathan|title=For Better or Worse? The Case for Gay (and Straight) Marriage|url=http://www.jonathanrauch.com/jrauch_articles/gay_marriage_1_the_case_for_marriage/|publisher=The New Republic via jonathanrauch.com|accessdate=20 September 2012}}</ref><ref>Rauch, Jonathan (2004). ''Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America.'' New York, NY: Henry Holt and Company, LLC.</ref> The data of current psychological and other social science studies on same-sex marriage in comparison to opposite-sex marriage indicate that same-sex and opposite-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex couples and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships.<ref name="aap2006"/><ref name=autogenerated4>Herek, Gregory M. "Legal recognition of same-sex relationships in the United States: A social science perspective." ''American Psychologist,'' Vol 61(6), September 2006, 607–621.</ref> | |||
In 2009, a pair of economists at ] tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV infection.<ref>{{cite web|author=Contact:  Elaine Justice: 404.727.0643 |url= http://www.emory.edu/home/news/releases/2009/06/study-links-gay-marriage-bans-to-rise-in-hiv-rate.html |title=Study Links Gay Marriage Bans to Rise in HIV infections |publisher=Emory University |accessdate=5 November 2010}}</ref><ref>{{cite web |last=Peng |first=Handie |title= The Effect of Same-Sex Marriage Laws on Public Health and Welfare |url= http://emory.academia.edu/HandiePeng/Papers/430809/The_Effects_of_Same-Sex_Marriage_Laws_on_Public_Health_and_Welfare |publisher=academia.edu |accessdate=11 February 2012}}</ref> The study linked the passage of a same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.<ref>{{Cite journal | |||
|last1=Francis | |||
|first1=AM | |||
|last2=Mialon | |||
|first2=HM | |||
|author8=Andrew M. Francis, Hugo M. Mialon | |||
|title=Tolerance and HIV | |||
|journal=Journal of Health Economics | |||
|volume=29 | |||
|issue=2 | |||
|date=March 2010 | |||
|pages=250–267 | |||
|pmid=20036431 | |||
|doi=10.1016/j.jhealeco.2009.11.016 | |||
|url=http://userwww.service.emory.edu/~hmialon/Tolerance_and_HIV.pdf | |||
|accessdate=19 July 2010 | |||
}}</ref> | |||
===Divorce=== | |||
{{Main|Divorce of same-sex couples}} | |||
==Transgender and intersex persons== | |||
{{See also|Transsexualism|Legal aspects of transsexualism|Gender identity}} | |||
When sex is defined legally, it may be defined by any one of several criteria: the ], the type of ]s, the type of external sexual features, or the person's social identification. Consequently, both ]s and ]ed individuals may be legally categorized into confusing gray areas, and could be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. This could result in long-term marriages, as well as recent same-sex marriages, being overturned. | |||
The problems of defining gender by the existence/non-existence of gonads or certain sexual features is complicated by the existence of ] to alter these features. Estimates<ref>(Fausto-Sterling ''et al.'', 2000)</ref> run as high as 1 percent of live ]s exhibiting some degree of sexual ambiguity, and between 0.1% and 0.2% of live births being ambiguous enough to become the subject of specialist medical attention, including sometimes involuntary surgery to address their sexual ambiguity.<ref>{{cite web | |||
|url=http://www.isna.org/faq/frequency | |||
|title=How common is intersex? | |||
|publisher=Intersex Society of North America | |||
|accessdate=8 March 2007 | |||
}}</ref> | |||
In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transsexual to be legally married in accordance with an adopted gender identity.<ref>Bockting, Walter, Autumn Benner, and Eli Coleman. "Gay and Bisexual Identity Development Among Female-to-Male Transsexuals in North America: Emergence of a Transgender Sexuality." Archives of Sexual Behavior 38.5 (October 2009): 688–701. Academic Search Premier. EBSCO. 29 September 2009</ref> | |||
In the United Kingdom, the ] allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the UK marriages are for mixed-sex couples and civil partnerships are for same-sex couples, a person must dissolve his/her marriage or civil partnership before obtaining a gender recognition certificate. Such persons are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual persons to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006.<ref>{{cite web |url= http://www.365gay.com/Newscon06/07/070506austria.htm |title=Austria gets first same-sex marriage |publisher=365gay.com |date=5 July 2006 |archiveurl= http://web.archive.org/web/20071017161302/http://365gay.com/Newscon06/07/070506austria.htm |archivedate=17 October 2007 |accessdate=20 July 2008}}</ref> | |||
In Quebec prior to the legalization of same-sex marriage, only unmarried persons could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. | |||
==Terminology== | |||
In the United States, transsexual and intersexual marriages typically run into the complications detailed above. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state.<ref>{{cite news | last = Schwartz | first = John | url = http://www.nytimes.com/2009/09/19/us/19brfs-USDEFENDSMAR_BRF.html | title = U.S. Defends Marriage Law |work=The New York Times | date = 18 September 2009 | accessdate =29 September 2009 }}</ref> | |||
===Alternative terms=== | |||
], United States on 11 November 2017]] | |||
Some proponents of the legal recognition of same-sex marriage—such as ] (founded in 1998), ] (founded in 2003), ], and ] - used the terms ''marriage equality'' and ''equal marriage'' to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage.<ref>{{Cite web |title=Marriage Equality |url=http://www.gardenstateequality.org/issues/marriageequality/ |url-status=live |archive-url=https://web.archive.org/web/20141018065055/http://www.gardenstateequality.org/issues/marriageequality/ |archive-date=18 October 2014 |access-date=24 July 2012 |publisher=Garden State Equality}}</ref><ref>{{Cite web |title=Marriage 101 |url=http://www.freedomtomarry.org/pages/marriage-101#faq3 |url-status=dead |archive-url=https://web.archive.org/web/20100216021129/http://www.freedomtomarry.org/pages/marriage-101#faq3 |archive-date=16 February 2010 |access-date=28 September 2012 |publisher=]}}</ref><ref name="Pratt">{{Cite news |last=Pratt, Patricia |date=29 May 2012 |title=Albany area real estate and the Marriage Equality Act |work=Albany Examiner |url=http://docs.newsbank.com/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:AWNB:AENN&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=13F21B414EDA8168&svc_dat=InfoWeb:aggregated5&req_dat=0FB3382EE6AD1E46 |access-date=25 December 2012 |quote=On July 24, 2011 the Marriage Equality Act became a law in New York State forever changing the state's legal view of what a married couple is.}}</ref><ref>{{Cite news |date=13 December 2012 |title=Vote on Illinois marriage equality bill coming in January: sponsors |work=Chicago Phoenix |url=http://chicagophoenix.com/2012/12/13/illinois-marriage-equality-vote-january |url-status=live |access-date=23 December 2012 |archive-url=https://web.archive.org/web/20121226111510/http://chicagophoenix.com/2012/12/13/illinois-marriage-equality-vote-january/ |archive-date=26 December 2012}}</ref><ref>{{Cite news |last=Mulholland |first=Helene |date=27 September 2012 |title=Ed Miliband calls for gay marriage equality |work=The Guardian |location=London, UK |url=https://www.theguardian.com/politics/2012/sep/27/ed-miliband-gay-wedding-equality |url-status=live |access-date=23 December 2012 |archive-url=https://web.archive.org/web/20130928234116/http://www.theguardian.com/politics/2012/sep/27/ed-miliband-gay-wedding-equality |archive-date=28 September 2013}}</ref><ref name="Ring">{{Cite news |last=Ring, Trudy |date=20 December 2012 |title=Newt Gingrich: Marriage Equality Inevitable, OK |work=The Advocate |location=Los Angeles |url=http://www.advocate.com/politics/marriage-equality/2012/12/20/newt-gingrich-accepts-marriage-equality-inevitable |url-status=live |access-date=25 December 2012 |archive-url=https://web.archive.org/web/20121223062417/http://www.advocate.com/politics/marriage-equality/2012/12/20/newt-gingrich-accepts-marriage-equality-inevitable |archive-date=23 December 2012 |quote=He noted to HuffPo that he not only has a lesbian half-sister, LGBT rights activist ], but has gay friends who've gotten married in Iowa, where their unions are legal. Public opinion has shifted in favor of marriage equality, he said, and the Republican Party could end up on the wrong side of history if it continues to go against the tide.}}</ref> The ] recommends the use of ''same-sex marriage'' over ''gay marriage''.<ref>{{Cite tweet |number=1095408455479902211 |user=APStylebook |title=The term same-sex marriage is preferred over gay marriage. In places where it's legal, same-sex marriage is no different from other marriages, so the term should be used only when germane and needed to distinguish from marriages between heterosexual couples. #APStyleChat |author=APStylebook |date=12 February 2019 |access-date=13 December 2022 |language=en |archive-url=https://web.archive.org/web/20221019190133/https://twitter.com/apstylebook/status/1095408455479902211 |archive-date=19 October 2022 |url-status=live}}</ref> In deciding whether to use the term ''gay marriage'', it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term ''gay marriage'' is sometimes considered erasure of such people.<ref>{{Cite web |url=https://news.gallup.com/poll/329975/one-lgbt-americans-married-sex-spouse.aspx|title=One in 10 LGBT Americans Married to Same-Sex Spouse|date=24 February 2021|website=Gallup }}</ref><ref>{{Cite web |url=https://consciousstyleguide.com/when-bisexual-people-marry/|title=When Bisexual People Marry|first=Karen|last=Yin|date=8 March 2016 |website=Conscious Style Guide}}</ref> | |||
===Use of the term ''marriage''=== | |||
== Studies and polling == | |||
Anthropologists have struggled to determine a definition of ] that absorbs commonalities of the ] across cultures around the world.<ref name="Fedorak">{{Cite book |last=Fedorak |first=Shirley A. |title=Anthropology matters! |publisher=] |year=2008 |isbn=978-1442601086 |location=, Ont. |pages=Ch. 11; p. 174}}</ref><ref name="Gough">{{Cite journal |last=Gough |first=Kathleen E. |date=Jan–Jun 1959 |title=The Nayars and the Definition of Marriage |journal=The Journal of the Royal Anthropological Institute of Great Britain and Ireland |volume=89 |issue=1 |pages=23–34 |doi=10.2307/2844434 |jstor=2844434}}</ref> Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 ], such as the ] and ].<ref name=Gough/><ref name="Africa">{{Cite book |last1=Murray |first1=Stephen O. |url=https://books.google.com/books?id=ZjbESL6YWU0C&q=%22Woman-woman+marriage+in+Africa%22&pg=PA255 |title=Boy-wives and female husbands : studies of African homosexualities |last2=Roscoe, Will |publisher=St. Martin's |year=2001 |isbn=978-0312238292 |edition=1st pbk. |location=New York |access-date=28 October 2020 |archive-url=https://web.archive.org/web/20210204174244/https://books.google.com/books?id=ZjbESL6YWU0C&q=%22Woman-woman+marriage+in+Africa%22&pg=PA255 |archive-date=4 February 2021 |url-status=live}}</ref><ref name="Kikuyu">{{Cite journal |last1=Njambi |first1=Wairimu |last2=O'Brien, William |date=Spring 2001 |title=Revisiting "Woman-Woman Marriage": Notes on Gikuyu Women |url=http://muse.jhu.edu/login?uri=/journals/nwsa_journal/v012/12.1njambi.html |url-status=live |journal=] |volume=12 |issue=1 |pages=1–23 |doi=10.1353/nwsa.2000.0015 |archive-url=https://web.archive.org/web/20120113015023/http://muse.jhu.edu/login?uri=%2Fjournals%2Fnwsa_journal%2Fv012%2F12.1njambi.html |archive-date=13 January 2012 |access-date=28 September 2012 |s2cid=144520611}}</ref> | |||
With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions.<ref>{{Cite news |date=24 May 2004 |title=Dictionaries take lead in redefining modern marriage |work=] |url=http://www.washingtontimes.com/news/2004/may/24/20040524-103201-1169r |url-status=live |access-date=25 September 2012 |archive-url=https://web.archive.org/web/20120918034452/http://www.washingtontimes.com/news/2004/may/24/20040524-103201-1169r/ |archive-date=18 September 2012}}</ref><ref name="ABA">{{Cite web |title=Webster Makes It Official: Definition of Marriage Has Changed |url=http://www.abajournal.com/news/webster_makes_it_official_definition_of_marriage_has_changed |url-status=live |archive-url=https://web.archive.org/web/20150427004101/http://www.abajournal.com/news/webster_makes_it_official_definition_of_marriage_has_changed |archive-date=27 April 2015 |access-date=28 September 2012 |publisher=]}}</ref> The '']'' has recognized same-sex marriage since 2000.<ref name="slate">{{Cite news |last=Redman |first=Daniel |date=7 April 2009 |title=Noah Webster Gives His Blessing: Dictionaries recognize same-sex marriage—who knew? |work=] |url=http://www.slate.com/id/2215628 |url-status=live |access-date=28 September 2012 |archive-url=https://web.archive.org/web/20110917032021/http://www.slate.com/id/2215628/ |archive-date=17 September 2011}}</ref> | |||
Polling and studies on the issue has been conducted throughout the first decade of the 21st century as well as before. These polls and studies have shown a consistent trend of increasing support for same-sex marriage across the world. Many developed countries achieved a majority of people in support of same-sex marriage in the first decade of the 21st century. Support for legalization has increased across every age group, political ideology, religion, gender, race, and region of various developed countries in the world.<ref name=Gallup2011 /><ref>{{cite web|title=Public Opinion: Nationally|url=http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/|publisher=australianmarriageequality.com|accessdate=25 September 2012}}</ref><ref>{{cite web|title=Gay Life in Estonia|url=http://www.globalgayz.com/europe/estonia/gay-life-in-estonia/|publisher=globalgayz.com|accessdate=25 September 2012}}</ref><ref>{{cite news|last=Jowit|first=Juliette|title=Gay marriage gets ministerial approval|url=http://www.guardian.co.uk/society/2012/jun/12/gay-marriage-receive-ministerial-approval|accessdate=25 September 2012|newspaper=]|date=12 June 2012}}</ref><ref>{{cite news|title=Most Irish people support gay marriage, poll says|url=http://www.pinknews.co.uk/2011/02/24/most-irish-people-support-gay-marriage-poll-says/ Most Irish people support gay marriage, poll says|accessdate=25 September 2012|newspaper=PinkNews|date=24 February 2011}}</ref> | |||
Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as ], the ], and the ], use the term ''traditional marriage'' to mean opposite-sex marriage.<ref name="religion">{{Cite web |date=13 August 2008 |title=The Divine Institution of Marriage |url=https://newsroom.churchofjesuschrist.org/article/the-divine-institution-of-marriage |url-status=live |archive-url=https://web.archive.org/web/20190611071837/https://newsroom.churchofjesuschrist.org/article/the-divine-institution-of-marriage |archive-date=11 June 2019 |access-date=28 September 2012 |publisher=]}}</ref> | |||
Various detailed polls and studies about same-sex marriage conducted in several countries generally show that support for same-sex marriage increases with higher levels of education, and that younger people are more likely to support the legalization of it than older generations.<ref>{{cite web|title=Survey – Generations at Odds: The Millennial Generation and the Future of Gay and Lesbian Rights|url=http://publicreligion.org/research/2011/08/generations-at-odds/|publisher=]|accessdate=25 September 2012}}</ref><ref>{{cite web|title=Pew Forum: Part 2: Gay Marriage|url=http://www.pewforum.org/PublicationPage.aspx?id=647|publisher=]|accessdate=25 September 2012}}</ref><ref>{{cite web|last=Poirier|first=Justine|title=Same-Sex Marriage: Let's Make a Change|url=http://www.montrealites.ca/justice/same-sex-marriage-lets-make-a-change.html|publisher=Montréalités Justice|accessdate=25 September 2012}}</ref><ref>{{cite news|title=Data Points: Support for Legal Same-Sex Marriage|url=http://chronicle.com/article/Chart-Support-for-Legal/64683/|accessdate=25 September 2012|newspaper=The Chronicle of Higher Education|date=16 March 2010}}</ref><ref>{{cite web|title=Support for Same‐Sex Marriage in Latin America|url=http://www.vanderbilt.edu/lapop/insights/I0844.enrevised.pdf|publisher=]|accessdate=25 September 2012}}</ref> Polls show the most right-wing religious people are more likely to oppose it.<ref>{{cite news|last=Waldman|first=Steven|title=A Common Missed Conception|url=http://www.slate.com/articles/life/faithbased/2003/11/a_common_missed_conception.html|accessdate=25 September 2012|newspaper=]|date=19 November 2003}}</ref> In each U.S. state to hold a voter referendum on the issue prior to November 2012, the public has rejected same-sex marriage laws.<ref>{{cite news|title=Maine voters reject gay-marriage law|url=http://www.guardian.co.uk/world/feedarticle/8789627|accessdate=20 September 2012|newspaper=Associated Press via ]|date=4 November 2009}}</ref> However, recent polls indicate that more than half of Americans support same-sex marriage, approximately 53%.<ref name=Gallup2011>{{cite web|last=Newport|first=Frank|title=For First Time, Majority of Americans Favor Legal Gay Marriage|url=http://www.gallup.com/poll/147662/First-Time-Majority-Americans-Favor-Legal-Gay-Marriage.aspx|publisher=]|accessdate=25 September 2012}}</ref><ref name=ABC2012>{{cite web|url=http://www.langerresearch.com/uploads/1137a2GayMarriage.pdf |title=ABC News/Washington Post poll: Strong Support for Gay Marriage Now Exceeds Strong Opposition – 23 May 2012 |format=PDF |accessdate=16 September 2012}}</ref><ref name=CNN2012>{{cite web|url=http://i2.cdn.turner.com/cnn/2012/images/06/06/rel5e.pdf |title=CNN Opinion Research – May 29–31, 2012 |format=PDF |accessdate=16 September 2012}}</ref> Several polls and studies have shown that people who personally know a person who is gay are much more likely to support LGBT rights and same-sex marriage than those who do not.<ref name=ABC2012 /> Voters in ], ] and ] approved same-sex marriage by referendum on 6 November 2012.<ref>http://www.forbes.com/sites/deborahljacobs/2012/11/07/gay-marriage-scores-victories-in-all-four-states-that-considered-it-but-tough-road-lies-ahead/</ref> | |||
==History== | ==History== | ||
{{Main|History of same-sex unions |
{{Main|History of same-sex unions}} | ||
{{For timeline}} | |||
{{Broader|History of homosexuality}} | |||
===Ancient=== | ===Ancient=== | ||
{{further|Homosexuality in ancient Rome}} | |||
] is reported to have married at least two men on different occasions.]] | |||
A reference to marriage between same-sex couples appears in the ], which was written in the 3rd century CE. The ] prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men."<ref>Rabbi Joel Roth. {{Webarchive|url=https://web.archive.org/web/20170824192248/https://www.rabbinicalassembly.org/sites/default/files/assets/public/halakhah/teshuvot/19912000/roth_homosexual.pdf |date=24 August 2017 }} ''rabbinicalassembly.org'' 1992.</ref> | |||
A few scholars believe that in the early ] some male couples were celebrating ] in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded.<ref>Martial 1.24 and 12.42; Juvenal 2.117–42. Williams, ''Roman Homosexuality'', pp. 28, 280; Karen K. Hersh, ''The Roman Wedding: Ritual and Meaning in Antiquity'' (Cambridge University Press, 2010), p. 36; ], ''Power and Eroticism in Imperial Rome'' (Cambridge University Press, 2007), pp. 151ff.</ref> Various ancient sources state that the emperor ] celebrated two public weddings with males, once taking the role of the bride (with a ] ]), and once the groom (with ]); there may have been a third in which he was the bride.<ref>], ], ], and ] are the sources cited by Williams, ''Roman Homosexuality'', p. 279.</ref> In the early 3rd century AD, the emperor ] is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of the emperor.<ref>Williams, ''Roman Homosexuality'', pp. 278–279, citing Dio Cassius and ].</ref> ] did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially.<ref name="auto4">Williams, ''Roman Homosexuality'', p. 280.</ref> As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear.<ref name="auto4"/> | |||
In the southern Chinese province of ], through the ] period, females would bind themselves in contracts to younger females in elaborate ceremonies.<ref name=Neill>''The origins and role of same-sex relations in human societies'', James Neill, McFarland (5 January 2009)</ref> Males also entered similar arrangements. This type of arrangement was also similar in ancient European history.<ref>{{Cite book|last= Hinsch|first= Bret|title=Passions of the Cut Sleeve: The Male Homosexual Tradition in China|year=1990|publisher=Reed Business Information |isbn=0-520-07869-1}}</ref> | |||
===Contemporary=== | |||
An example of egalitarian male ] from the early ] period of China is recorded in the story of ]. While the relationship was clearly approved by the wider community, and was compared to heterosexual marriage, it did not involve a religious ceremony binding the couple.<ref>Hinsch, Bret. (1990). ''Passions of the Cut Sleeve''. University of California Press. pp. 24–25</ref> | |||
] shortly after the federal legalization of ], 2015]] | |||
]<ref name="auto"/><ref name="auto1"/> are the first same sex couple in modern recorded history<ref name="auto2"/> known to obtain a ],<ref name="National Archives"/> have their marriage solemnized, which occurred on September 3, 1971, in ],<ref name="3Sept1971"/> and have it legally recognized by any form of government.<ref name="ruling" /><ref name="epilogue"/> Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in the ], the ] led to increased attention on the legal aspects of same-sex relationships.<ref>{{Cite news |date=March–April 2013 |title=How Same-Sex Marriage Came to Be |url=http://harvardmagazine.com/2013/03/how-same-sex-marriage-came-to-be |url-status=live |archive-url=https://web.archive.org/web/20190502173822/https://harvardmagazine.com/2013/03/how-same-sex-marriage-came-to-be |archive-date=2 May 2019 |access-date=28 March 2015 |website=]}}</ref> ] made the first case for same sex marriage in a major American journal in 1989,<ref name=intelligent>{{cite web|url=http://www.moreintelligentlife.com/story/andrew-sullivan-thinking-out-loud|archive-url=https://web.archive.org/web/20090425202254/http://www.moreintelligentlife.com/story/andrew-sullivan-thinking-out-loud|archive-date=25 April 2009 |title=Andrew Sullivan: Thinking. Out. Loud. |newspaper=Intelligent Life |date=Spring 2009 |access-date=24 October 2013|first=Johann |last=Hari}}</ref> published in ''The New Republic''.<ref name="groom">{{cite news|last=Sullivan|first=Andrew|title=Here Comes the Groom|url=http://www.slate.com/articles/news_and_politics/politics/2012/11/gay_marriage_votes_and_andrew_sullivan_his_landmark_1989_essay_making_a.html|access-date=24 October 2013|newspaper=Slate|date=9 November 2012}}</ref> | |||
In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing ]s, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child".<ref>{{Cite news |last=Rule |first=Sheila |date=2 October 1989 |title=Rights for Gay Couples in Denmark |work=] |url=https://www.nytimes.com/1989/10/02/world/rights-for-gay-couples-in-denmark.html |url-status=live |access-date=19 August 2013 |archive-url=https://web.archive.org/web/20160304080523/http://www.nytimes.com/1989/10/02/world/rights-for-gay-couples-in-denmark.html |archive-date=4 March 2016}}</ref> In 2001, the ] became the first country to broaden marriage laws to include same-sex couples.<ref name="bloomberg-2014-12-04" /><ref>{{Cite news |date=26 May 2009 |title=Same-sex marriage around the world |work=CBC News |location=Toronto |url=https://www.cbc.ca/news/world/same-sex-marriage-around-the-world-1.799137 |url-status=live |access-date=6 October 2009 |archive-url=https://web.archive.org/web/20101125125134/http://www.cbc.ca/world/story/2009/05/26/f-same-sex-timeline.html |archive-date=25 November 2010}}</ref> Since then, same-sex marriage has been established by law in 34 other countries, including most of the ] and ]. Yet its spread has been uneven — ] is the only country in ] to take the step; ] and ] are the only ones in ].<ref>{{Cite web |date=28 April 2021 |title=The Dutch went first in 2001; who has same-sex marriage now? |url=https://apnews.com/article/europe-africa-netherlands-job-cohen-western-europe-e08b053af367028737c9c41c492cc568 |url-status=live |archive-url=https://web.archive.org/web/20210821101311/https://apnews.com/article/europe-africa-netherlands-job-cohen-western-europe-e08b053af367028737c9c41c492cc568 |archive-date=21 August 2021 |access-date=21 August 2021 |website=]}}</ref><ref>{{Cite web |last=Sangwongwanich |first=Pathom |date=June 18, 2024 |title=Thai Same-Sex Marriage Bill Clears Final Hurdle With Senate Nod |url=https://www.bloomberg.com/news/articles/2024-06-18/thai-same-sex-marriage-bill-clears-final-hurdle-with-senate-nod?srnd=all |access-date=2024-06-18 |website=www.bloomberg.com}}</ref> | |||
The first historical mention of the performance of same-sex marriages occurred during the early ].<ref name=boswell>{{cite book|last=Boswell|first=John|title=Same-sex unions in premodern Europe|year=1995|publisher=Vintage Books|location=New York|isbn=0-679-75164-5|pages=80–85|url=http://books.google.com/books/about/Same_sex_unions_in_premodern_Europe.html?id=iRL9cXA1m1IC}}</ref> For instance, ] is reported to have engaged in a marriage ceremony with one of his male slaves. ] "married" a ] slave named Hierocles.<ref name=scarre>{{cite book|last=Scarre|first=Chris|title=Chronicles of the Roman Emperors|year=1995|publisher=Thames and Hudson Ltd|location=London|isbn=0-500-05077-5|pages=151|url=http://books.google.com/books/about/Chronicle_of_the_Roman_Emperors.html?id=s1tspwAACAAJ}}</ref> These were usually reported in a critical or satirical manner.<ref>{{cite web|last=Frier|first=Bruce|title=Roman Same-Sex Weddings from the Legal Perspective|url=http://www.umich.edu/~classics/news/newsletter/winter2004/weddings.html|publisher=]|accessdate=25 September 2012}}</ref> It should be noted, however, that ''conubium'' existed only between a ''civis Romanus'' and a ''civis Romana'' (that is, between a male Roman citizen and a female Roman citizen), so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases).<ref>Corbett, ''The Roman Law of Marriage'' (Oxford, 1969), pp. 24–28; Treggiari, ''Roman Marriage'' (Oxford, 1991), pp. 43–49.; "Marriages where the partners had ''conubium'' were marriages valid in Roman law (''iusta matrimonia'')" . Compare Ulpian (''Tituli Ulpiani'' 5.3–5: "''Conubium'' is the capacity to marry a wife in Roman law. Roman citizens have ''conubium'' with Roman citizens, but with Latins and foreigners only if the privilege was granted. There is no ''conubium'' with slaves"; compare also Gaius (''Institutionum'' 1:55–56, 67, 76–80).</ref> Furthermore, "''matrimonium'' is an institution involving a mother, ''mater''. The idea implicit in the word is that a man takes a woman in marriage, ''in matrimonium ducere'', so that he may have children by her."<ref>Treggiari, ''Roman Marriage'' (Oxford, 1991), p. 5.</ref> Still, the lack of legal validity notwithstanding, there is a consensus among modern historians that same-sex relationships existed in ancient Rome, but the exact frequency and nature of "same-sex unions" during that period is obscure.<ref>{{Cite journal|last= Eskridge|first= William N.|year= 1993|month= Oct|title= A History of Same-Sex Marriage |journal= Virginia Law Review |volume= 79|issue= 7|id= |url= |quote= The Romans may have accorded some same-sex unions the legal or cultural status of marriage.}}</ref> In 342 AD Christian emperors ] and ] issued a law in the ] (''C. Th.'' 9.7.3) prohibiting ] and ordering execution for those so married.<ref>{{Cite journal | |||
<!---Please add references in the main article before or after adding information to this table---> | |||
|last=Kuefler | |||
|first=Mathew | |||
|year=2007 | |||
|title=The Marriage Revolution in Late Antiquity: The Theodosian Code and Later Roman Marriage Law | |||
|journal=Journal of Family History | |||
|volume=32 | |||
|pages=343–370 | |||
|url=http://jfh.sagepub.com/cgi/content/short/32/4/343 | |||
|doi=10.1177/0363199007304424 | |||
|issue=4 | |||
}}</ref> | |||
==Timeline== | |||
A same-sex marriage between the two men Pedro Díaz and Muño Vandilaz in the ] municipality of ] in Spain occurred on 16 April 1061. They were married by a priest at a small chapel. The historic documents about the church wedding were found at ].<ref name="firstmarriage">{{cite web |url=http://www.galiciae.com/nova/78210.html |language=gl |author=Carlos Callón |title= Callón gaña o Vicente Risco de Ciencias Sociais cun ensaio sobre a homosexualidade na Idade Media |accessdate=1 March 2011 }}</ref> | |||
{{main|Timeline of same-sex marriage}} | |||
The summary table below lists in chronological order the sovereign states (the ] and ]) that have legalized same-sex marriage. As of 2025, 37 states have legalized in some capacity.<ref>{{cite web |last1=Theil |first1=Michele |title=This map shows you where same-sex marriage is legal around the world – and there's a long way to go |url=https://www.thepinknews.com/2024/02/16/this-map-shows-you-where-same-sex-marriage-is-legal-around-the-world-and-theres-a-long-way-to-go/ |website=PinkNews |date=16 February 2024 |access-date=16 February 2024}}</ref> | |||
Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority. | |||
===Modern=== | |||
In 2001, the Netherlands became the first nation in the world to grant ].<ref>{{Cite news |url= http://www.cbc.ca/world/story/2009/05/26/f-same-sex-timeline.html |title=Same-sex marriage around the world |work=CBC News |location =Toronto |date=26 May 2009 |accessdate=6 October 2009}}</ref> Same-sex marriages are also granted and mutually recognized by ] (2003),<ref>{{cite web|title=Legislative record of the same-sex marriage bill (in Dutch)|url=http://www.senaat.be/www/?MIval=/dossier&LEG=2&NR=1173&LANG=nl|publisher=senaat.be (Belgian Senate)|accessdate=25 September 2012}} and {{cite web|title=Legislative record of the same-sex marriage bill (in French)|url=http://www.senaat.be/www/?MIval=/dossier&LEG=2&NR=1173&LANG=fr|publisher=senaat.be (Belgian Senate)|accessdate=25 September 2012}}</ref> ] (2005), ] (2005), ] (2006), ] (2009), ] (2009), ] (2010),<ref name="cbc.ca">{{cite news |agency=The Associated Press |url= http://www.cbc.ca/world/story/2010/05/17/portugal-gay017.html |title=Portugal's president signs gay marriage bill |work=CBC News |location =Toronto |date=17 May 2010 |accessdate=5 November 2010}}</ref> ] (2010), ] (2010) and ] (2012). In Mexico, same-sex marriage is recognized in all 31 states but only performed in ] and in ] State. In ], their recognition has been judicially mandated but not yet legislated.<ref>{{cite news |url= http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=NLetter&id=7c190914-f498-427c-ad0b-97559a3aae71&Headline=Nepal+SC+approves+same-sex+marriage |title=Nepal approves same-sex marriage |work=Hindustan Times |location =New Delhi |date=19 November 2008 |accessdate=5 November 2010}}</ref> Nine states in the United States, as well as the ] permit same sex marriage, beginning with Massachusetts in 2004 and Connecticut in 2008.<ref></ref> As of January 2013, approximately 291 million people (or 4.2% of the world population) live in areas that recognize and perform same-sex marriages.<ref>{{cite web|last=Silver |first=Nate |url=http://www.fivethirtyeight.com/2010/07/gay-marriage-chart-of-day.html |title=Politics Done Right: Gay Marriage Chart-of-the-Day |publisher=FiveThirtyEight |date=15 July 2010 |accessdate=5 November 2010}}</ref> | |||
{| class="wikitable" | |||
==Current status== | |||
|- | |||
{{Main|Status of same-sex marriage|Same-sex marriage legislation around the world}} | |||
!2001 | |||
|{{flagicon|Netherlands}} ''']''' (1 April) | |||
|- | |||
!2002 | |||
| | |||
|- | |||
!2003 | |||
|{{flatlist}} | |||
* {{flagicon|Belgium}} ''']''' (1 June) | |||
* ] (10 June) | |||
* ] (8 July) | |||
{{endflatlist}} | |||
|- | |||
!2004 | |||
|{{flatlist}} | |||
* ] (19 March) | |||
* ] (17 May) | |||
* ] (14 July) | |||
* ] (16 September) | |||
* ] (24 September) | |||
* ] (5 November) | |||
* ] (21 December) | |||
{{endflatlist}} | |||
|- | |||
!2005 | |||
|{{flatlist}} | |||
* ] (23 June) | |||
* {{flagicon|Spain}} ''']''' (3 July) | |||
* {{flagicon|Canada}} ''']''' (20 July) | |||
{{endflatlist}} | |||
|- | |||
!2006 | |||
|{{flagicon|South Africa}} ''']''' (30 November) | |||
|- | |||
!2007 | |||
| | |||
|- | |||
!2008 | |||
|{{flatlist}} | |||
*] (June 16, repealed November 5) | |||
*] (12 November) | |||
{{endflatlist}} | |||
|- | |||
!2009 | |||
|{{flatlist}} | |||
* {{flagicon|Norway}} ''']''' (1 January) | |||
* ] (27 April) | |||
* {{flagicon|Sweden}} ''']''' (1 May) | |||
* ] (20 May) | |||
* ] (1 September) | |||
{{endflatlist}} | |||
|- | |||
!2010 | |||
|{{flatlist}} | |||
* ] (1 January) | |||
* ] (3 March) | |||
* ] (4 March) | |||
* ] (29 April) | |||
* {{flagicon|Portugal}} ''']''' (5 June) | |||
* {{flagicon|Iceland}} ''']''' (27 June) | |||
* {{flagicon|Argentina}} ''']''' (22 July) | |||
{{endflatlist}} | |||
|- | |||
!2011 | |||
|{{flatlist}} | |||
* ] (24 July) | |||
* ] (1 August) | |||
* ] (7 December) | |||
{{endflatlist}} | |||
|- | |||
!2012 | |||
|{{flatlist}} | |||
* ] (3 May) | |||
* {{flagicon|Denmark}} ''']''' (15 June) | |||
* ] (5 July) | |||
* ] (11 July) | |||
* ] (15 August) | |||
* ] (10 October) | |||
* ] (26 November) | |||
* ] (1 December) | |||
* ] (6 December) | |||
* ] (9 December) | |||
* ] (15 December) | |||
* ] (29 December) | |||
{{endflatlist}} | |||
|- | |||
!2013 | |||
|{{flatlist}} | |||
* ] (1 January) | |||
* ] (16 February) | |||
* ] (15 March) | |||
* ] (15 March) | |||
* ] (26 March) | |||
* ] (2 April) | |||
* ] (26 April) | |||
* ] (29 April) | |||
* ] (29 April) | |||
* ] (8 May) | |||
* {{flagicon|Brazil}} ''']''' (16 May) | |||
* {{flagicon|France}} ''']''' (18 May) | |||
* ] (24 June) | |||
* ] (28 June) | |||
* ] (1 July) | |||
* ] (1 August) | |||
* ] (1 August) | |||
* ] (1 August) | |||
* {{flagicon|Uruguay}} ''']''' (5 August) | |||
* {{flagicon|New Zealand}} ''']''' (19 August) | |||
* ] (21 August) | |||
* ] (23 August) | |||
* ] (26 August) | |||
* ] (27 August) | |||
* ] (27 August) | |||
* ] (28 August) | |||
* ] (4 September) | |||
* ] (5 September) | |||
* ] (9 September) | |||
* ] (18 October<!--3rd license since repeal of DOMA, first public marriage-->) | |||
* ] (21 October) | |||
* ] (1 November) | |||
* ] (15 November) | |||
* ] (2 December) | |||
* ] (19 December) | |||
* ] (20 December, repealed 6 January 2014) | |||
{{endflatlist}} | |||
|- | |||
!2014 | |||
|{{flatlist}} | |||
* ] (21 February) | |||
* {{flagicon|England}} {{flagicon|Wales}} ] (13 March) | |||
* ] (13 March) | |||
* ] (19 May) | |||
* ] (20 May) | |||
* ] (1 June) | |||
* ] (3 June) | |||
* ] (3 June) | |||
* ] (9 July) | |||
* ] (16 July) | |||
* ] (10 August) | |||
* ] (17 September) | |||
* ] (6 October) | |||
* ] (6 October) | |||
* ] (6 October) | |||
* ] (6 October) | |||
* ] (6 October) | |||
* ] (6 October) | |||
* ] (7 October) | |||
* ] (9 October) | |||
* ] (9 October) | |||
* ] (9 October) | |||
* ] (10 October) | |||
* ] (12 October) | |||
* ] (15 October) | |||
* ] (17 October) | |||
* ] (17 October) | |||
* ] (17 October) | |||
* ] (17 October) | |||
* ] (17 October) | |||
* ] (17 October) | |||
* ] (21 October) | |||
* ] (5 November) | |||
* ] (6 November) | |||
* ] (7 November) | |||
* ] (12 November) | |||
* ] (12 November) | |||
* ] (14 November) | |||
* ] (14 November) | |||
* ] (19 November) | |||
* ] (19 November) | |||
* ] (20 November) | |||
* ] (13 December) | |||
* {{flagicon|Scotland}} ] (16 December) | |||
{{endflatlist}} | |||
|- | |||
!2015 | |||
|{{flatlist}} | |||
* {{flagicon|Luxembourg}} ''']''' (1 January) | |||
* ] (5 January) | |||
* ] (6 January) | |||
* ] (24 February) | |||
* ] (14 May) | |||
* ] (15 May) | |||
* ] (9 June) | |||
* ] (10 June) | |||
* ] (12 June) | |||
* {{flagicon|United States}} ''']''' (26 June) | |||
* ] (30 June) | |||
* ] (7 July) | |||
* ] (9 July) | |||
* ] (13 July) | |||
* ] (21 July) | |||
* ] (3 August) | |||
* ] (9 September) | |||
* {{flagicon|Ireland}} ''']''' (16 November) | |||
* ] (18 November) | |||
* ] (23 December) | |||
{{endflatlist}} | |||
|- | |||
!2016 | |||
|{{flatlist}} | |||
* ] (2 February) | |||
* {{flagicon|Greenland}} ] (1 April) | |||
* {{flagicon|Colombia}} ''']''' (28 April) | |||
* ] (6 May) | |||
* ] (12 May) | |||
* ] (20 May) | |||
* ] (12 June) | |||
* ] (23 June) | |||
* ] (5 July) | |||
* ] (22 July) | |||
* ] (18 September) | |||
* ] (13 October) | |||
* ] (3 November) | |||
* ] (9 December) | |||
* ] (15 December) | |||
{{endflatlist}} | |||
|- | |||
!2017 | |||
|{{flatlist}} | |||
* ] (1 January) | |||
* ] (4 January) | |||
* ] (4 January) | |||
* ] (4 January) | |||
* ] (4 January) | |||
* ] (4 January) | |||
* ] (4 January) | |||
* ] (4 January) | |||
<!-- *** Please check discussion on talk page before adding Slovenia! *** --> | |||
* {{flagicon|Finland}} ''']''' (1 March) | |||
* ] (20 March) | |||
* ] (22 March) | |||
* ] (29 April) | |||
* ] (2 May) | |||
* ] (5 May, repealed 1 June 2018) | |||
* ] (5 June) | |||
* {{flagicon|Faroe Islands}} ] (1 July) | |||
* ] (4 August) | |||
* {{flagicon|Malta}} ''']''' (1 September) | |||
* {{flagicon|Germany}} ''']''' (1 October) | |||
* ] (25 October) | |||
* ] (3 November) | |||
* {{flagicon|Australia}} ''']''' (9 December) | |||
* ] (20 December) | |||
{{endflatlist}} | |||
|- | |||
!2018 | |||
|{{flatlist}} | |||
* ] (16 February) | |||
* ] (11 May) | |||
* ] (14 June) | |||
* ] (1 July) | |||
* ] (26 August) | |||
* ] (27 August) | |||
* ] (23 November, repealed 14 March 2022) | |||
{{endflatlist}} | |||
|- | |||
!2019 | |||
|{{flatlist}} | |||
* {{flagicon|Austria}} ''']''' (1 January) | |||
* ] (14 February) | |||
* ] (1 March) | |||
* ] (20 May) | |||
* ] (21 May) | |||
* {{flagicon|Taiwan}} ''']''' (24 May) | |||
* ] (31 May) | |||
* ] (11 June) | |||
* ] (29 June) | |||
* ] (by 5 July) | |||
* {{flagicon|Ecuador}} ''']''' (8 July) | |||
* ] (8 July) | |||
* ] (8 July) | |||
* ] (8 August) | |||
* ] (16 August) | |||
{{endflatlist}} | |||
|- | |||
!2020 | |||
|{{flatlist}} | |||
* ] ]'''] (13 January) | |||
* ] (23 April) | |||
* {{flagicon|Costa Rica}} ''']''' (26 May) | |||
* ] (3 July) | |||
* ] (6 August) | |||
* ] (25 December) | |||
{{endflatlist}} | |||
|- | |||
!2021 | |||
|{{flatlist}} | |||
* ] (30 June) | |||
* ] (22 October) | |||
* ] (13 November) | |||
* ] (20 December) | |||
* ] (30 December) | |||
{{endflatlist}} | |||
|- | |||
!2022 | |||
|{{flatlist}} | |||
* ] (4 March) | |||
* {{flagicon|Chile}} ''']''' (10 March) | |||
* ] (11 April) | |||
* ] (18 April) | |||
* ] (25 May) | |||
* ] (13 June) | |||
* {{flagicon|Switzerland}} ''']''' (1 July) | |||
* {{flagicon|Slovenia}} ''']''' (8 or 9 July) | |||
* ] (19 September) | |||
* {{flagicon|Cuba}} ''']''' (27 September) | |||
* ] (27 October) | |||
* ] (2 November) | |||
* ] (19 November) | |||
* ] (21 December) | |||
* ] ]'''] (31 December) | |||
{{endflatlist}} | |||
|- | |||
!2023 | |||
|{{flatlist}} | |||
* {{flagicon|Andorra}} ''']''' (17 February) | |||
* ] (16 March) | |||
* ] (23 May) | |||
{{endflatlist}} | |||
|- | |||
!2024 | |||
|{{flatlist}} | |||
* {{flagicon|Estonia}} ''']''' (1 January) | |||
* {{flagicon|Greece}} ''']''' (16 February) | |||
* {{flagicon|Aruba}} ] (12 July) | |||
* {{flagicon|Curacao}} ] (12 July) | |||
{{endflatlist}} | |||
|- | |||
!2025 | |||
|{{flatlist}} | |||
* '''{{flagicon|Liechtenstein}} ] '''(1 January) | |||
* ''''' {{Flagicon|Thailand}} ]''' (23 January)'' | |||
{{endflatlist}} | |||
|} | |||
==Same-sex marriage around the world== | |||
===Legal recognition=== | |||
{{Main|Legal status of same-sex marriage|Same-sex union legislation|Recognition of same-sex unions by country }} | |||
Same-sex marriage is legally recognized nationwide in ], ], ], ], ], ], ], ], ], ], and ]. In the ], same-sex marriages are not recognized federally, though same-sex couples can marry in nine of the fifty states and one district. In ], same-sex marriages are only performed in ] and ], but these marriages are recognized by all Mexican states and by the Mexican federal government.<ref>{{cite news |last= Wall|first=Allan |title=Mexican Supreme Court Advances Gay Marriage Agenda |url= http://www.newswithviews.com/Wall/allan132.htm|work=News With Views |quote="The ruling 5 August 2010, upheld the Mexico City same-sex marriage law as being constitutional. (The vote on that ruling was 8 to 2). Five days late...the Supreme Court...decreed that same-sex marriages performed in Mexico City are valid marriages throughout all of Mexico." |accessdate=9 February 2012}}</ref> ] does not recognize same-sex marriages performed on its territory, but recognizes same-sex marriages performed in foreign jurisdictions. Same-sex couples had their civil unions converted into marriage in several Brazil states with the approval of a state judge. If approved, that marriage is recognized in all the national territory.<ref name="WPost">{{cite news |url=http://www.washingtonpost.com/world/americas/brazil-judge-approves-what-appears-to-be-countrys-first-gay-marriage-between-2-men/2011/06/27/AGYN2znH_story.html |title=Brazilian judge gives male couple approval for what court says is country's first gay marriage |date=27 June 2011 |work=The Washington Post |accessdate=2 July 2011 |archiveurl=http://www.webcitation.org/5zsXujTvb|archivedate=2 July 2011}}</ref> | |||
{{World homosexuality laws map|align=right|size=350px}} | |||
Same-sex marriage is legally performed and recognized in 37 countries: ], ], ],{{efn|name=australia|text=Same-sex marriage is performed and recognized by law in continental Australia and in the non-self-governing possessions of ], ] and the ], which follow Australian law.}} ], ], ], ], ], ], ], ], ],{{efn|name=denmark|text=Same-sex marriage is performed and recognized by law in continental Denmark, the ] and ], which together make up the ].}} ],{{efn|name=ecuador|text=Same-sex marriage is performed and recognized throughout Ecuador, but such couples are not considered married for purposes of adoption and may not adopt children.}} ], ], ],{{efn|name=france|text=Same-sex marriage is performed and recognized by law in metropolitan France and in all ], which follow a single legal code.}} ], ], ], ], ], ], ], ],{{efn|name=mexico|text=Same-sex marriage is available in all jurisdictions, though the process is not everywhere as straightforward as it is for opposite-sex marriage and does not always include adoption rights.}} the ],{{efn|name=netherlands|text=Same-sex marriage is performed and recognized by law in ], the Caribbean municipalities of ], and the constituent countries of ], but not yet in Sint Maarten.}} ],{{efn|name=nz|text=Same-sex marriage is performed and recognized by law in ], but not in its possession of ], nor in the ] and ], which make up the ].}} ], ], ], ], ], ], ], ], the ],{{efn|name=uk|text= Same-sex marriage is performed and recognized by law in all parts of the United Kingdom and in ], but not in its Caribbean possessions, namely ], ], the ], the ], ] and the ].}} the ],{{efn|name=usa|text=Same-sex marriage is performed and recognized by law in all ] of the US and in the ], in all overseas territories except ] (recognition only), and in all ] that do not have their own marriage laws, as well as in most nations that do. The largest of the dozen or so known exceptions among the federal reservations are ] and ], and the largest among the shared-sovereignty Oklahoma Tribal Statistical Areas are the ] and ]. These polities ban same-sex marriage and do not recognize marriages from other jurisdictions, though members may still marry under state law and be accorded all the rights of marriage under state and federal law.}} and ].<ref name="HRC">{{cite web |title=Marriage Equality Around the World |url=https://www.hrc.org/resources/marriage-equality-around-the-world |website=] |access-date=3 February 2024}}</ref> Same-sex marriage performed remotely or abroad is recognized with full marital rights by ].<ref>{{Cite web |date=2018 |title=Information for couples marrying outside the Rabbinate |url=http://rackmancenter.com/wp-content/uploads/2018/10/Marriage-Outside-the-Rabbinate-Halperin-Kaddari-et-al-Rackman-Study-2018.pdf |access-date=November 10, 2023 |website=Rackman Center}}</ref> | |||
====Argentina==== | |||
{{Main|Same-sex marriage in Argentina}} | |||
On 15 July 2010, the Argentine Senate approved a bill extending marriage rights to same-sex couples. It was supported by the Government of ] ] and opposed by the Catholic Church.<ref>{{cite news |last=Barrionuevo |first=Alexei |title=Argentina Approves Gay Marriage, in a First for Region |url= http://www.nytimes.com/2010/07/16/world/americas/16argentina.html |work=The New York Times |accessdate=9 February 2012 |date=16 July 2010}}</ref> Polls showed that nearly 70% of Argentines supported giving gay people the same marital rights as heterosexuals.<ref>{{Cite news |url= http://www.nytimes.com/2010/07/14/world/americas/14argentina.html | work=The New York Times |title=Argentina Senate to Vote on Gay Marriage | first=Alexei | last=Barrionuevo | date=13 July 2010}}</ref> | |||
[[File:World marriage-equality laws.svg|thumb|center|upright=3| | |||
====Belgium==== | |||
{{legend|#025|Marriage open to same-sex couples}} | |||
{{Main|Same-sex marriage in Belgium}} | |||
{{legend|#90C|Same-sex marriage recognized with full rights when performed remotely or abroad}} | |||
{{legend|#71C837|Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for}} | |||
{{legend|#06F|Civil unions or domestic partnerships}} | |||
{{legend|#9CF|Unregistered cohabitation or legal guardianship}} | |||
{{legend striped|#9CF|#EEE|Nonbinding certification|up=yes}} | |||
{{legend|#CAF|Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)}} | |||
{{legend|#EEE|No legal recognition of same-sex unions}} | |||
]] | |||
Same-sex marriage will begin to be performed by ] in January 2025, and is under ] or the courts in ],<ref>{{cite web|url=https://www.elsalvador.com/noticias/nacional/sala-de-lo-constitucional-resolveria-demanda-sobre-matrimonio-igualitario-en-los-primeros-tres-meses-de-2020/674550/2020/|title=Sala de lo Constitucional resolvería demanda sobre matrimonio igualitario en los primeros tres messes de 2020|work=elsalvador.com|date=6 January 2020|language=es}}</ref><ref>{{cite web|url= https://observador.cr/bukele-busca-que-se-apruebe-el-aborto-terapeutico-y-la-union-homosexual/|title= Bukele busca que se apruebe el aborto terapéutico y la unión homosexual|work=El Observador|date=18 August 2021|language=es}}</ref> ],<ref>{{Cite web|url=https://tg.la7.it/politica/diritti-matrimonio-egualitario-opinioni-a-confronto-scalfarotto-vs-bonaldi-vs-centinaio-09-03-2023-180977|title=Diritti: matrimonio "egualitario". Opinioni a confronto: Scalfarotto vs Bonaldi vs Centinaio|date=9 March 2023|access-date=10 March 2023|archive-date=10 March 2023|archive-url=https://web.archive.org/web/20230310113805/https://tg.la7.it/politica/diritti-matrimonio-egualitario-opinioni-a-confronto-scalfarotto-vs-bonaldi-vs-centinaio-09-03-2023-180977|url-status=live}}</ref><ref>{{Cite web|url=https://www.corriere.it/politica/23_marzo_10/da-zaia-centinaio-cosi-lega-cambia-diritti-lgbt-perche-pesa-l-effetto-francesca-a2e451f8-bf1b-11ed-a204-070182f2d425.shtml|title=Da Zaia a Centinaio: la Lega ora cambia sui diritti lgbt (e c'entra "l'effetto Francesca")|date=10 March 2023|access-date=10 March 2023|archive-date=10 March 2023|archive-url=https://web.archive.org/web/20230310104916/https://www.corriere.it/politica/23_marzo_10/da-zaia-centinaio-cosi-lega-cambia-diritti-lgbt-perche-pesa-l-effetto-francesca-a2e451f8-bf1b-11ed-a204-070182f2d425.shtml|url-status=live}}</ref> ],<ref>{{cite web |title=Japan opposition party submits bill for same-sex marriage |url=https://english.kyodonews.net/news/2023/03/61f05630333c-japan-opposition-party-submits-bill-for-same-sex-marriage.html|publisher=]|date=6 March 2023|accessdate=31 May 2023}}</ref> ],{{efn|name=nepal|text=Nepal is waiting for a final decision by its supreme court, but meanwhile all local governments are ordered to temporarily register same-sex marriages in a separate record. In April 2024 the National ID and Civil Registration Department issued a circular to all local governments that they register such marriages. However, simply being registered does not grant same-sex couples the legal rights of marriage, and registered same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions, adopt children etc.<ref>{{Cite web|url=https://www.dw.com/en/nepal-same-sex-couples-face-hurdles-on-road-to-recognition/a-69620274|title=Nepal: Same-sex couples face hurdles on road to recognition|work=DW|date=2024-07-10|first=Swechhya|last=Raut}}</ref><ref>{{Cite web|url=https://kathmandupost.com/national/2023/12/03/how-court-laid-the-ground-for-same-sex-marriage-in-nepal|title=How court laid the ground for same-sex marriage in Nepal|first=Binod|last=Ghimire|date=2023-12-03|work=The Kathmandu Post}}</ref><ref>{{Cite web|url=https://www.apcom.org/long-road-lasting-marriage-equality-nepal/|title=The Long Road to Lasting Marriage Equality in Nepal|work=APCOM|first=Manisha|last=Dhakal}}</ref>}} and ].<ref>{{Cite web |date=24 February 2022 |title=Diputada plantea iniciativa para el matrimonio civil igualitario en la Asamblea Nacional |url=https://elacarigueno.com/ini/diputada-plantea-iniciativa-para-el-matrimonio-civil-igualitario-en-la-asamblea-nacional/ |website=El Acarigueño |language=es |access-date=17 April 2022 |archive-date=20 May 2022 |archive-url=https://web.archive.org/web/20220520104213/https://elacarigueno.com/ini/diputada-plantea-iniciativa-para-el-matrimonio-civil-igualitario-en-la-asamblea-nacional/ |url-status=dead }}</ref> | |||
Belgium became the second country in the world to legally recognize same-sex marriages on 1 June 2003, with the coming into force of a bill passed by the ]. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions, however legislation enacted in October 2004 permits any couple to marry if at least one of the spouses has lived in the country for a minimum of three months. A 2006 law enabled legal ]. | |||
]s are being considered in a number of countries, including ],<ref>{{Cite web|url=https://www.euractiv.com/section/politics/news/kosovo-promises-to-introduce-same-sex-unions-in-may/|title=Kosovo promises to introduce same-sex unions in May|first1=Alice|last1=Taylor|first2=Nick|last2=Alipour|date=26 April 2024|website=www.euractiv.com}}</ref> ],<ref>{{Cite news |date=23 October 2021 |title=Presentan proyecto de ley sobre el matrimonio igualitario entre personas del mismo sexo |newspaper=El Comercio |url=https://elcomercio.pe/politica/congreso/congreso-de-la-republica-presentan-proyecto-de-ley-sobre-el-matrimonio-igualitario-entre-personas-del-mismo-sexo-juntos-por-el-peru-somos-peru-partido-morado-nndc-noticia/?ref=ecr |access-date=2022-06-28 |publisher=elcomercio.pe}}</ref> and ].<ref></ref> | |||
====Brazil==== | |||
{{Main|Same-sex marriage in Brazil}} | |||
On 12 March 2015, the ] passed a non-binding resolution encouraging EU institutions and member states to " on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue".<ref>{{Cite web |last=Duffy |first=Nick |date=13 March 2015 |title=UKIP and Tories abstain on EU motion to recognise same-sex marriage |url=http://www.pinknews.co.uk/2015/03/13/ukip-and-tories-abstain-on-eu-motion-to-recognise-same-sex-marriage/ |url-status=live |archive-url=https://web.archive.org/web/20150809064225/http://www.pinknews.co.uk/2015/03/13/ukip-and-tories-abstain-on-eu-motion-to-recognise-same-sex-marriage/ |archive-date=9 August 2015 |access-date=26 July 2015 |website=PinkNews}}</ref><ref>{{Cite web |title=Texts adopted – Thursday, 12 March 2015 – Annual report on human rights and democracy in the world 2013 and the EU policy on the matter |url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2015-0076+0+DOC+XML+V0//EN&language=EN |url-status=live |archive-url=https://web.archive.org/web/20150807122729/http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2FEP%2F%2FTEXT+TA+P8-TA-2015-0076+0+DOC+XML+V0%2F%2FEN&language=EN |archive-date=7 August 2015 |access-date=26 July 2015 |publisher=European Parliament}}</ref> | |||
] ruled in May 2011 that same-sex couples are legally entitled to ]s, stopping short of same-sex marriage.<ref>{{cite news|last=BRASILIA|title=Brazil's supreme court recognizes gay partnerships|url=http://www.reuters.com/article/2011/05/06/us-brazil-gayrights-idUSTRE74503V20110506|accessdate=16 February 2012|newspaper=Reuters|date=5 May 2011}}</ref> Same-sex couples had their civil unions converted into marriage in several Brazil states with the approval of a state judge. If approved, that marriage is recognized in all the national territory.<ref name="WPost" /> | |||
In response to the international spread of same-sex marriage, a number of countries have enacted preventative ], with the most recent being ] in 2023, and ] in 2024. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman. | |||
====Canada==== | |||
] | |||
{{Main|Same-sex marriage in Canada}} | |||
Legal recognition of same-sex marriage in Canada followed a series of constitutional challenges based on the ] of the '']''. In the first such case, '']'', same-sex marriage ceremonies performed in ] on 14 January 2001 were subsequently validated when the ], opposite-sex definition of marriage was held to be unconstitutional. Similar rulings had legalized same-sex marriage in eight provinces and one territory when the 2005 '']'' defined marriage throughout Canada as "the lawful union of two persons to the exclusion of all others." | |||
[[File:Constitutional bans on same-sex unions by country.svg|thumb|center|upright=3| | |||
====Denmark==== | |||
{{ |
{{legend|#D40000|Same-sex marriage ] by secular constitution}} | ||
{{legend|#800000|Same-sex marriage banned by constitutionally mandated religious law}} | |||
On 7 June 2012 the ] (Danish parliament) approved new laws regarding same-sex civil and religious marriage. These laws permit gay and lesbian couples to get married in the ]. The bills received ] on 12 June and took effect on 15 June 2012.<ref>{{cite news|last=Sanners|first=Peter|title=Gay marriage legalised|url=http://cphpost.dk/news/national/updated-gay-marriage-legalised|accessdate=25 September 2012|newspaper=The Copenhagen Post|date=7 June 2012}}</ref> | |||
{{legend|#CCCCCC|No constitutional ban}} | |||
]] | |||
===International court rulings=== | |||
====Iceland==== | |||
{{Main|Same-sex marriage in Iceland}} | |||
Same-sex marriage was introduced in Iceland through legislation establishing a gender-neutral definition of marriage introduced by the coalition government of the ] and ]. The legislation was passed unanimously by the Icelandic ] on 11 June 2010, and took effect on 27 June 2010, replacing an earlier system of registered partnerships for same-sex couples.<ref>{{cite news |url= http://www.reuters.com/article/idUSTRE65A3V020100611 |title=Iceland passes gay marriage law in unanimous vote |agency=Reuters |date= 11 June 2010|accessdate=16 July 2010}}</ref><ref>{{cite news |url= http://www.icenews.is/index.php/2010/06/28/new-gay-marriage-law-in-iceland-comes-into-force/ |title=New gay marriage law in Iceland comes into force |work=Icenews |date= 28 June 2010 |accessdate=16 July 2010}}</ref> Prime Minister ] and her partner were among first married same-sex couples in the country.<ref>{{cite news |url= http://www.telegraph.co.uk/news/worldnews/europe/iceland/7858150/Iceland-PM-weds-as-gay-marriage-legalised.html |location=London | work=The Daily Telegraph |title=Iceland PM weds as gay marriage legalised |date=28 June 2010}}</ref> | |||
==== European Court of Human Rights ==== | |||
====Israel==== | |||
In 2010, the ] (ECHR) ruled in '']'', a case involving an Austrian same-sex couple who were denied the right to marry.<ref name="CASE OF SCHALK AND KOPF v. AUSTRIA">{{Cite web |title=HUDOC – European Court of Human Rights |url=http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-99605 |url-status=live |archive-url=https://web.archive.org/web/20150911221342/http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-99605 |archive-date=11 September 2015 |access-date=26 July 2015}}</ref> The court found, by a vote of 4 to 3, that their human rights had not been violated.<ref>{{Cite news |last=Buyse |first=Antoine |date=24 June 2010 |title=Strasbourg court rules that states are not obliged to allow gay marriage |work=The Guardian |url=https://www.theguardian.com/law/2010/jun/24/european-court-of-human-rights-civil-partnerships |url-status=live |access-date=8 November 2013 |archive-url=https://web.archive.org/web/20131213205714/http://www.theguardian.com/law/2010/jun/24/european-court-of-human-rights-civil-partnerships |archive-date=13 December 2013}}</ref> The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination").<ref>{{Cite book |last=Avram |first=Marieta |title=Drept civil Familia |date=2016 |publisher=Editura Hamangiu |isbn=978-606-27-0609-8 |location=Bucharest |language=Romanian |trans-title=Civil law Family}}</ref> | |||
{{Main|Same-sex marriage in Israel}} | |||
Israel's High Court of Justice ruled to honor same-sex marriages granted in other countries even though Israel does not recognize such marriages performed under its own jurisdiction. A bill was raised in the ] (parliament) to rescind the High Court's ruling, but the Knesset has not advanced the bill since December 2006. A bill to legalize same-sex and interfaith civil marriages was defeated in the Knesset 39-11, on 16 May 2012.<ref>{{cite news |work= The Jerusalem Post |url= http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=270221 |title= Knesset rejects marriage equality bill |date= 16 May 2012 |author= Harkov, Lahav |accessdate=28 May 2012}}</ref> | |||
] states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right",<ref>{{Cite web |title=European Convention on Human Rights |url=http://www.echr.coe.int/Documents/Convention_ENG.pdf |url-status=dead |archive-url=https://web.archive.org/web/20140703060501/http://www.echr.coe.int/Documents/Convention_ENG.pdf |archive-date=3 July 2014 |access-date=25 July 2015 |website=ECHR.coe.int |publisher=European Court of Human Rights}}</ref> not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in ''Schalk and Kopf v Austria'' that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone".<ref name="CASE OF SCHALK AND KOPF v. AUSTRIA" /> Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. ''Andersen v Poland''.<ref>{{cite web |url=https://hudoc.echr.coe.int/eng?i=001-218104 |website=ECHR |access-date=21 July 2022 |language=English|title=HUDOC - European Court of Human Rights }}</ref> In 2021, the court ruled in '']''—followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage.<ref>{{cite journal |last1=Palazzo |first1=Nausica |title=Fedotova and Others v. Russia : Dawn of a new era for European LGBTQ families? |journal=Maastricht Journal of European and Comparative Law |date=April 2023 |volume=30 |issue=2 |pages=216–228 |doi=10.1177/1023263X231195455|s2cid=261655476 }}</ref> | |||
====Mexico==== | |||
{{Main|Same-sex marriage in Mexico City|Same-sex marriage in Quintana Roo}} | |||
On 21 December 2009, ]'s ] legalized same-sex marriages and ]. The law was enacted eight days later and became effective in early March 2010.<ref>{{cite news| agency=Associated Press |publisher=MSNBC |title=Mexico City's gay marriage law takes effect |date=4 March 2010 |url= http://www.msnbc.msn.com/id/35714490/ns/world_news-americas/ | accessdate=6 March 2010}}</ref> On 10 August 2010, the ] ruled that while not every state must grant same-sex marriages, they must all recognize those performed where they are legal.<ref>{{cite news |url= http://www.bbc.co.uk/news/world-latin-america-10932748 |work=BBC News | title=Supreme court rules gay weddings valid in all Mexico | date=10 August 2010}}</ref> | |||
==== European Union ==== | |||
On 28 November 2011, the first two same-sex marriages occurred in Quintana Roo after discovering that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage,<ref name="QR marriages legal">{{cite news | author=Brisa Muñoz | publisher=CNN México | title=Dos matrimonios homosexuales se casaron en un municipio conservador | date=2 December 2011 | url=http://mexico.cnn.com/nacional/2011/12/02/los-matrimonios-del-mismo-sexo-despiertan-polemica-en-quintana-roo | language=Spanish| accessdate=2 January 2012}}</ref> but these marriages were later annulled by the ] in April 2012.<ref name="QR marriages annulled">{{cite web|url=http://www.proceso.com.mx/?p=304595|work=]|publisher=Comunicación e Información, S.A. de C.V|title=Anula gobernador de Quintana Roo dos bodas gay; lo acusan de homofóbico|language=Spanish|date=17 April 2012|accessdate=20 April 2012|first=Rosa|last=Santana}}</ref> In May 2012, the Secretary of State of Quintana Roo reversed the annulments and allowed for future same-sex marriages to be performed in the state.<ref name="QR marriages reinstated">{{cite news|url=http://www.eluniversal.com.mx/notas/845171.html|language=Spanish|title=Revocan anulación de bodas gay en QRoo|first=Adriana|last=Varillas|work=]|date=3 May 2012|accessdate=13 June 2012}}</ref> | |||
{{further|Coman and Others v General Inspectorate for Immigration and Ministry of the Interior}} | |||
On 5 June 2018, the ] ruled, in a case from ], that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage.<ref>{{Cite web |title=EU court backs residency rights for gay couple in Romania |url=https://apnews.com/561b1bb4ecff48b598eb1c2c20db2735 |url-status=live |archive-url=https://web.archive.org/web/20180612142617/https://apnews.com/561b1bb4ecff48b598eb1c2c20db2735 |archive-date=12 June 2018 |access-date=6 June 2018 |website=]|date=5 June 2018 }}</ref><ref>{{Cite news |date=5 June 2018 |title=Same-sex spouses have EU residence rights, top court rules – BBC |work=BBC News |url=https://www.bbc.com/news/world-europe-44366898 |url-status=live |access-date=6 June 2018 |archive-url=https://web.archive.org/web/20190508223531/https://www.bbc.com/news/world-europe-44366898 |archive-date=8 May 2019}}</ref> However, the ruling was not implemented in Romania and on 14 September 2021 the ] passed a resolution calling on the ] to ensure that the ruling is respected across the EU.<ref>{{Cite web |title=Texts adopted – LGBTIQ rights in the EU – Tuesday, 14 September 2021 |url=https://www.europarl.europa.eu/doceo/document/TA-9-2021-0366_EN.html |url-status=live |archive-url=https://web.archive.org/web/20210916211040/https://www.europarl.europa.eu/doceo/document/TA-9-2021-0366_EN.html |archive-date=16 September 2021 |access-date=16 September 2021 |website=European Parliament |language=en}}</ref><ref>{{Cite news |date=14 September 2021 |title=MEPs condemn failure to respect rights of same-sex partners in EU |language=en |work=The Guardian |url=https://www.theguardian.com/world/2021/sep/14/meps-condemn-failure-respect-rights-same-sex-partners-eu |url-status=live |access-date=16 September 2021 |archive-url=https://web.archive.org/web/20210914132153/https://www.theguardian.com/world/2021/sep/14/meps-condemn-failure-respect-rights-same-sex-partners-eu |archive-date=14 September 2021}}</ref> | |||
==== Inter-American Court of Human Rights ==== | |||
====The Netherlands==== | |||
] | |||
{{Main|Same-sex marriage in the Netherlands}} | |||
On 8 January 2018, the ] (IACHR) issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation is brought in. They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as ]s) instead of same-sex marriage.<ref>{{Cite web |date=25 January 2018 |title=Major Advance for Marriage Equality and Gender Identity Rights in Latin America |work=San Francisco Bay Times |url=http://sfbaytimes.com/major-advance-marriage-equality-gender-identity-rights-latin-america/ |url-status=live |archive-url=https://web.archive.org/web/20180129141726/http://sfbaytimes.com/major-advance-marriage-equality-gender-identity-rights-latin-america/ |archive-date=29 January 2018 |access-date=13 April 2018 |publisher=Sfbaytimes.com}}</ref> | |||
==Other arrangements== | |||
The Netherlands was the first country to extend marriage laws to include same-sex couples, following the recommendation of a special commission appointed to investigate the issue in 1995. A same-sex marriage bill passed the ] and the ] in 2000, taking effect on 1 April 2001.<ref>{{cite news |url= http://www.nytimes.com/2000/12/20/world/same-sex-dutch-couples-gain-marriage-and-adoption-rights.html |title=Same-Sex Dutch Couples Gain Marriage and Adoption Rights |work=The New York Times |date=20 December 2000 |accessdate=30 September 2011}}</ref> | |||
===Civil unions=== | |||
{{Main|Civil union}} | |||
In ] of ], ] and ], marriage is presently restricted to heterosexual couples;<ref>{{nl}} {{cite web|url=http://wetten.overheid.nl/BWBR0028743/volledig/geldigheidsdatum_12-12-2010#Boek1_Titel5|title=Burgerlijk wetboek BES, boek 1|publisher=overheid.nl|accessdate=12 December 2010}}</ref> however, a law enabling same-sex couples to marry has been passed and is planned to come into effect by 10 October 2012.<ref>{{nl}} {{cite web|accessdate=18 December 2010|url=http://wetten.overheid.nl/BWBR0028129/geldigheidsdatum_18-12-2010|publisher=]| title=Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba|date=1 September 2010}}</ref> The Caribbean countries ], forming the remainder of the Kingdom of the Netherlands, do not perform same-sex marriages, but must recognize those performed in the European territory of the Netherlands. | |||
] against ], reject the notion of ], describing them as inferior to the legal recognition of same-sex marriage.<ref name="Towleroad">{{Cite web |last=Towle |first=Andy |date=13 November 2008 |title=NYC Protest and Civil Rights March Opposing Proposition 8 |url=http://www.towleroad.com/2008/11/we-did-it.html |url-status=live |archive-url=https://web.archive.org/web/20090213224331/http://www.towleroad.com/2008/11/we-did-it.html |archive-date=13 February 2009 |access-date=28 September 2012 |publisher=]}}</ref>]] | |||
====Norway==== | |||
{{Main|Same-sex marriage in Norway}} | |||
Same-sex marriage became legal in Norway on 1 January 2009 when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008.<ref>{{cite news|title=Norway adopts gay marriage law|url=http://afp.google.com/article/ALeqM5jko_BIHizUFFqUtmEaUrAEoPXFWw|accessdate=25 September 2012|newspaper=] via ]|date=11 June 2008}}</ref><ref>{{cite news |url= http://www.usatoday.com/news/world/2008-06-17-gaymarriage_N.htm |title=New law in Norway grants gay couples marriage rights |work=USA Today |location =Washington DC |date=17 June 2008 |accessdate=30 September 2011}}</ref> Norway became the first Scandinavian country and the sixth country in the world to legalize same-sex marriage. | |||
Gender neutral marriage replaced Norway's previous system of registered partnerships for same-sex couples. Couples in registered partnerships are able to retain that status or convert their registered partnership to a marriage. No new registered partnerships may be created. | |||
====Portugal==== | |||
{{Main|Same-sex marriage in Portugal}} | |||
On 8 January 2010, the parliament approved, with 126 votes in favor, 97 against and 7 abstentions, same-sex marriage. The President promulgated the law on 8 April, same-sex marriage become legal since 5 June 2010, thus Portugal became the eighth country to conduct nationwide same-sex marriage. | |||
====South Africa==== | |||
{{Main|Same-sex marriage in South Africa}} | |||
] | |||
Legal recognition of same-sex marriages in South Africa came about as a result of the ]'s decision in the case of '']''. The court ruled on 1 December 2005 that the existing marriage laws violated the ] of the ] because they discriminated on the basis of sexual orientation. The court gave ] one year to rectify the inequality. The ] was passed by the ] on 14 November 2006, by a vote of 230 to 41, and it came into force on 30 November 2006. South Africa is the fifth country, the first in Africa, and the second outside Europe, to legalize same-sex marriage. | |||
====Spain==== | |||
{{Main|Same-sex marriage in Spain}} | |||
Same-sex marriage has been legal in Spain since 3 July 2005. In 2004, the nation's newly elected ] government, led by ] ], began a campaign for its legalization, including the right of ].<ref name="SOD">{{cite web |title=Spain's new government to legalize gay marriage |work=Reuters |publisher=SignonSanDiego.com |date=15 April 2004 |url=http://www.signonsandiego.com/news/world/20040415-0750-spain-marriage.html |archiveurl=http://www.webcitation.org/5kV80Iu9U |archivedate=13 October 2009 |accessdate=14 December 2009}}</ref> After much debate, a law permitting same-sex marriage was passed by the '']'' (Spain's ], composed of the ] and the ]) on 30 June 2005 and published on 2 July 2005. Same-sex marriage became legal in Spain on Sunday, 3 July 2005,<ref name="SPTimes">{{cite news |title=Spain approves liberal gay marriage law |publisher=] |date=1 July 2005 |url=http://www.sptimes.com/2005/07/01/Worldandnation/Spain_approves_libera.shtml |accessdate=8 January 2007}}</ref> making it the third country in the world to do so, after the Netherlands and Belgium. | |||
====Sweden==== | |||
{{Main|Same-sex marriage in Sweden}} | |||
Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the ] on 1 April 2009, making Sweden the seventh country in the world to open marriage to same sex couples nationwide. Marriage replaced Sweden's registered partnerships for same-sex couples. Existing registered partnerships between same-sex couples remained in force with an option to convert them into marriages.<ref name="swedishmarriagerights">{{cite news|url=http://news.bbc.co.uk/2/hi/europe/7978495.stm|title=Sweden allows same-sex marriage|work=BBC News|date=2 April 2009}}</ref><ref>{{cite news|title=Church of Sweden says yes to gay marriage|url=http://www.thelocal.se/22810/20091022/|accessdate=24 July 2012|newspaper=The Local|date=22 October 2009}}</ref> | |||
====United States==== | |||
{{Main|Same-sex marriage in the United States|Same-sex marriage legislation in the United States}} | |||
[[File:US states marriage-equality laws.svg|thumb|left|450px| | |||
{{legend|#002255|Marriage open to same-sex couples}} | |||
{{legend|#008080|Same-sex marriage recognized or recognized as a civil union or domestic partnership {{smallsup|1}} }} | |||
{{legend|Red|Purposed ballot or initiative measure to legalized same-sex marriage being collected}} | |||
{{legend|#ABC837|Ongoing court cases on same-sex marriage; not yet implemented}} | |||
{{legend|#DECD87|Government announced intention to legalize}} | |||
{{legend|#CCCCCC|Same-sex marriage not legally recognized}} | |||
{{smallsup|1}} The Internal Revenue Service ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a ] that recognizes domestic partnerships or same-sex marriages. Same-sex marriages performed in other jurisdictions are equivalent to that state's civil union or domestic partnership.]] | |||
Although same-sex marriages are not recognized federally in the United States, same-sex couples can legally marry in nine states (], ], ], ], ], ], ], ], ]) and the ] and receive state-level benefits.<ref>{{cite news |last= Deprez |first= Esmé E. |title=State-by-State Laws on Gay Marriage Produce Patchwork Quilt |url= http://www.businessweek.com/news/2012-02-09/state-by-state-laws-on-gay-marriage-produce-patchwork-quilt.html |work=BusinessWeek |date=9 February 2012 |location =New York |accessdate=9 February 2012}}</ref><ref>{{cite news |last= Browning |first=William |title= Comparison of Gay Marriage Laws in NINE States |url= http://news.yahoo.com/comparison-gay-marriage-laws-six-states-173600424.html |date=2 August 2011 |author=Browning, William |work=Yahoo! News |accessdate=9 February 2012}}</ref> The states of New Jersey and Rhode Island do not grant same-sex marriages, but recognize same-sex marriages performed in other jurisdictions, as does ] in some cases, particularly those established when the state briefly allowed same-sex marriage in 2008. Also, several states offer ], granting all or part of the state-level rights and responsibilities of marriage.<ref>{{cite web |url= http://www.hrc.org/laws-and-legislation/state/c/new-jersey |title=LGBT Laws of New Jersey |publisher=HRC.org |accessdate=30 April 2012}}</ref> Thirty-one states have constitutional restrictions limiting marriage to one man and one woman.<ref>{{Cite news|url=http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aAsubiL17wkQ|accessdate=15 July 2010|newspaper=]|date=3 December 2009|title=New Jersey May Provide Next Gay Marriage Test After N.Y. Loss|author=Terrence Dopp}}</ref> | |||
The ] passed the ] (DOMA) in 1996, defining marriage for the first time solely as a union between a man and a woman for all federal purposes, and allowing states to refuse to recognize such marriages created in other states.<ref>{{cite web |url= http://www4.law.cornell.edu/uscode/1/7.html |title=US CODE: Title 1,7. Definition of "marriage" and "spouse" |publisher=Cornell University |date=7 April 2010 |accessdate=5 November 2010}}</ref> '']'' (2005), holding that prohibiting recognition of same-sex relationships violated the Constitution, was overturned on appeal by the ] in 2006, which ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States." The ], also in 2006, concluded that encouraging procreation within the framework of marriage can be seen as a legitimate government interest furthered by limiting marriage to between opposite-sex couples.<ref>{{Cite court|opinion = No. 75934-1|pinpoint = p. 41|court = Supreme Court of the State of Washington|date = 26 July 2006|url= http://www.courts.wa.gov/newsinfo/content/pdf/759341opn.pdf }}</ref> | |||
In 2010, the ] ruled in '']'' that evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry.<ref>{{Cite court|litigants = ]|opinion = No. 09-2292|pinpoint = p. 54|court = United States District Court for the Northern District of California|date = 4 August 2010|url= https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf }}</ref> Since then, eight ] have found that DOMA violates the ] in issues including bankruptcy, public employee benefits, ]es, and immigration.<ref>{{cite web |url=http://www.freedomtomarry.org/states/entry/c/doma|title=The Defense of Marriage Act|work=Freedom to Marry|accessdate=16 July 2012}}</ref><ref>{{cite web|title=Pending Cases Challenging the Defense of Marriage Act|url=https://docs.google.com/viewer?a=v&q=cache:MjIT4Lt-kb8J:www.glad.org/uploads/docs/publications/pending-doma-cases.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEEShy5pCmPXOZ61u7BK0-IeRy8fpSYM18ff6Heq7s8aAA7dZz8BY_CJegKAcYrK_ToL8V2nXF6vG-jcYc0AdCEbWdIQ4pSiolk7Gyuc-GjiH6TYuPin3hK4KphxKRXot7OLmIchTe&sig=AHIEtbQEFfhPhnEnwsRHZ7FHcLAELNWp6Q|publisher=Gay & Lesbian Advocates & Defenders (])|accessdate=1 August 2012}}</ref><ref>{{Cite news |url=http://www.huffingtonpost.com/2012/05/31/doma-unconstitutional-ruling-appeals-court-boston_n_1559031.html|title=DOMA Ruled Unconstitutional By Federal Appeals Court |last=Lavoie |first=Denise |date=31 May 2012 |work=The Huffington Post|accessdate=16 July 2012}}</ref> Striking down Section 3 of DOMA in '']'' (2012), the ] became the first court<ref>{{cite web|last=Tiven|first=Rachel|title=Edie Wins! Another Ruling Against DOMA, What It Means|url=http://www.immigrationequality.org/2012/10/edie-wins-another-ruling-against-doma-what-it-means/|publisher=]|accessdate=23 October 2012}}</ref> to hold sexual orientation to be a ], and determined that laws that classify people on such basis should be subject to ].<ref>, 12-2335-cv(L), 18 October 2012.</ref> Currently, four other cases, including ''Windsor'', are awaiting a response for review in the ].<ref>{{cite news|last=Geidner|first=Chris|title=BREAKING: DOJ Asks Supreme Court to Take Two DOMA Cases, Maintains Law Is Unconstitutional|url=http://www.metroweekly.com/poliglot/2012/07/breaking-doj-asks-supreme-court-to-take-two-doma-c.html|accessdate=16 July 2012|newspaper=Metro Weekly|date=3 July 2012}} | |||
*{{cite news|last=Shapiro|first=Lila|title=Edie Windsor vs. DOMA: 83-Year-Old Lesbian Petitions U.S. Supreme Court To Hear Case|url=http://www.huffingtonpost.com/2012/07/16/edie-windsor-doma_n_1675983.html|accessdate=17 July 2012|newspaper=]|date=16 July 2012}} | |||
*{{cite news|last=Grindley|first=Lucas|title=Republicans Appeal DOMA Case to Supreme Court|url=http://www.advocate.com/politics/marriage-equality/2012/06/29/republicans-appeal-doma-case-supreme-court|accessdate=16 July 2012|newspaper=The Advocate|date=29 June 2012}} | |||
*Also see | |||
**'']'' | |||
**'']'' | |||
**'']'' | |||
**'']'' | |||
**'']''</ref> | |||
President ] announced on 9 May 2012 that he supports same-sex marriage.<ref name="ABC News">{{cite web|url=http://abcnews.go.com/GMA/video/obama-sex-marriage-legal-16312904|title=Obama Affirms Support for Same-Sex Marriage|date=9 May 2012|work=ABC News}}</ref><ref>{{cite news|url=http://www.cnn.com/2012/05/09/politics/obama-same-sex-marriage/index.html|title=Obama announces he supports same-sex marriage|last=Gast|first=Phil|date=9 May 2012|publisher=CNN|accessdate=10 May 2012}}</ref> Obama also supports the full ],<ref>{{cite web |url= http://www.barackobama.com/pdf/lgbt.pdf |title=Barack Obama on LBGT Rights |accessdate=5 November 2010}}</ref> and called the state constitutional bans on same-sex marriage in ] (2008)<ref>{{cite web|last=Harris |first=Chris |url=http://www.mtv.com/news/articles/1598407/20081101/story.jhtml |title=Did Barack Obama Answer Your Question? |publisher=''Mtv'' |date=1 November 2008 |accessdate=1 February 2010}}</ref> and ] (2012) unnecessary.<ref>{{cite news|title=North Carolina Gay Marriage Ban: Obama Says He's 'Disappointed'|url=http://www.huffingtonpost.com/2012/05/08/gay-marriage-obama-north-carolina_n_1501766.html|accessdate=23 July 2012|newspaper=Associated Press. ]|date=8 May 2012}}</ref> In 2011, the ] concluded that DOMA was unconstitutional and directed the ] (DOJ) to stop defending the law in court.<ref>{{cite news| url=http://www.nytimes.com/2011/02/24/us/24marriage.html?pagewanted=all | work=The New York Times | first1=Charlie |last1=Savage | title=Obama Shifts Course on Defense of Marriage Act |date=23 February 2011}}</ref> Subsequently, ], ] majority leader in the ], announced that the House would defend DOMA. The law firm hired to represent the House soon withdrew from defending the law, requiring the House to retain replacement counsel.<ref>{{cite news| url=http://thecaucus.blogs.nytimes.com/2011/04/25/law-firm-backs-out-of-defending-marriage-act-partner-resigns/ |work=The Caucus (New York Times blog)|first=Michael D.|last=Shear|title=Law Firm Backs Out of Defending Marriage Act|date=25 April 2011}}</ref> In the past two decades, ] for same-sex marriage has steadily increased,<ref name=Gallup2011 /> and polls indicate that more than half of Americans support same-sex marriage.<ref name=Gallup2011 /><ref name=ABC2012 /><ref name=CNN2012 /> Voters in ], ] and ] approved same-sex marriage by referendum on 6 November 2012.<ref>http://www.forbes.com/sites/deborahljacobs/2012/11/07/gay-marriage-scores-victories-in-all-four-states-that-considered-it-but-tough-road-lies-ahead/</ref> | |||
===Subject debated=== | |||
====Australia==== | |||
{{main|Same-sex marriage in Australia}} | |||
Australia currently bans recognition of same-sex marriages, although as of 2011 the federal ] government officially changed its position to allow a ] on same-sex marriage despite Prime Minister ]'s opposition to such a vote.<ref>{{cite news |url= http://www.abc.net.au/news/2011-12-06/turnbull-calls-for-conscience-vote-on-gay-marriage/3714796 |title= Turnbull backs conscience vote on gay marriage |work=ABC News |location =Sydney |date=6 December 2011 |accessdate=10 February 2012}}</ref> The ] is opposed to same-sex marriage, and its leader ] said he will block a conscience vote on the issue.<ref>{{cite news |author=Kerr, Christian |url= http://www.theaustralian.com.au/national-affairs/tony-abbotts-swing-on-same-sex-marriage/story-fn59niix-1226250767160 |title=Tony Abbott's swing on same-sex marriage |work=The Australian |location =Sydney |date= 23 January 2012 |accessdate=10 February 2012}}</ref> | |||
In February 2010, the ] Senator ]'s Marriage Equality Bill was rejected by the Senate.<ref>{{cite news|title=Gay marriage bill fails in Senate|url=http://www.sbs.com.au/news/article/1202552/Gay-marriage-bill-fails-in-Senate|accessdate=25 September 2012|newspaper=World News Australia|date=26 February 2010}}</ref> Senator Hanson-Young re-introduced the bill to the Senate in September 2010. The bill will sit on a notice paper until the major parties agree to a conscience vote on it.<ref>{{cite web|title=Marriage Inequality Can't Be Ignored Any Longer|url=http://greens.org.au/content/marriage-inequality-cant-be-ignored-any-longer|publisher=greens.org.au|accessdate=25 September 2012}}</ref> A Greens motion urging federal MPs to gauge community support for same-sex marriage was passed by the House of Representatives on 18 November 2010.<ref>{{cite news|last=Rodgers|first=Emma|title=Greens win gay marriage motion|url=http://www.abc.net.au/news/stories/2010/11/18/3069810.htm|accessdate=25 September 2012|newspaper=abc.net.au|date=18 November 2010}}</ref> | |||
The Australian Capital Territory is the first jurisdiction in Australia to legalise ] for gay couples. However, they are not recognised in Australian jurisdictions outside of that territory. ] are available in ], ], Queensland and ]. From 1 July 2009 ] recognised same-sex couples equally regarding social security – under the common-law marriage, de facto status or unregistered cohabitation.<ref>{{cite web|title=Definition of a partner|url=http://www.centrelink.gov.au/internet/internet.nsf/individuals/member_couple_ssr.htm|publisher=Australian Department of Human Services|accessdate=25 September 2012}}</ref> | |||
In September 2010 Tasmania became the first Australian state to recognise same-sex marriages performed in other jurisdictions, though only as de facto status.<ref>{{cite news |url= http://www.abc.net.au/news/2010-09-29/tasmania-to-recognise-same-sex-marriage/2279158 |title= Tasmania to recognise same-sex marriage |work=ABC News |location =Sydney |date=30 September 2010 |accessdate=29 December 2011}}</ref> | |||
====China==== | |||
{{Main|Recognition of same-sex unions in the People's Republic of China}} | |||
The ''Marriage Law of the People's Republic of China'' explicitly defines marriage as the union between one man and one woman. No other form of civil union is recognized. The attitude of the Chinese government towards homosexuality is believed to be "three nos": "No approval; no disapproval; no promotion." The Ministry of Health officially removed homosexuality from its list of mental illnesses in 2001. | |||
], a sociologist and sexologist well known in the Chinese gay community, has tried to legalize same-sex marriage several times, including during the National People's Congress in 2000 and 2004 (''Legalization for Same-Sex Marriage'' 《中国同性婚姻合法化》 in 2000 and the ''Same-Sex Marriage Bill'' 《中国同性婚姻提案》 in 2004). According to Chinese law, 35 delegates' signatures are needed to make an issue a bill to be discussed in the Congress. Her efforts failed due to lack of support from the delegates. A government spokesperson, when asked about Li Yinhe's proposal, said that same-sex marriage was still too "ahead of time" for China. He argued that same-sex marriage was not recognized even in many Western countries, which are considered much more liberal in social issues than China.<ref>{{cite web|url=http://news.sina.com.cn/c/2006-03-05/10278364854s.shtml |title=政协发言人称同性婚姻太超前 李银河提案再受挫_新闻中心_新浪网 |publisher=News.sina.com.cn |accessdate=22 May 2012}}</ref> This statement is understood as an implication that the government may consider recognition of same-sex marriage in the long run, but not in the near future. | |||
====Colombia==== | |||
{{main|Recognition of same-sex unions in Colombia}} | |||
On Tuesday 26 July 2011, The Constitutional Court of Colombia ordered the Colombian Congress to legislate on the matter of same-sex marriage and that if they fail to, same-sex couples will be granted all marriage rights in two years (on 20 June 2013) automatically.<ref>{{cite news |url= http://edition.cnn.com/2011/WORLD/americas/07/27/colombia.gay.marriage/ | work=CNN |title=Colombian court says Congress must decide on gay marriage |date=27 July 2011}}</ref> | |||
====Finland==== | |||
{{main|Same-sex marriage in Finland}} | |||
Finland may legalize same-sex marriage after the 2011 ]; ] ] said her Ministry was preparing to amend the Marriage Act to allow same-sex marriage by 2012.<ref>{{cite news |url= http://www.yle.fi/uutiset/news/2010/07/gender-neutral_marriage_law_possible_by_2012_1804013.html |title= Gender-Neutral Marriage Law Possible by 2012 |work=] |accessdate=1 October 2010}}</ref> | |||
====France==== | |||
{{main|Same-sex marriage in France}} | |||
In France in 2006, a 30-member non-] parliamentary commission of the ] published a 453-page ''Report on the Family and the Rights of Children'', which ].<ref>{{cite web |url= http://www.lifesitenews.com/ldn/2006_docs/Francesummary.pdf |title=Executive summary of "Report on the Family and the Rights of Children" prepared by the French National Assembly |date=25 January 2006|accessdate=24 October 2008}}</ref> Also, the French National Assembly ] on 15 June 2011. | |||
Following the election of ] as President of France and the subsequent legislative election in which the Socialist party took a majority of seats in the French National Assembly, the new Prime Minister ] stated that a same-sex marriage bill would be passed and said that it had already been drafted.<ref>{{cite web|last=Medien|first=Ahmed|title=Gay Marriage Will Soon Become Legal in France, Big Win for LGBT Rights in Europe|url=http://www.policymic.com/articles/9966/gay-marriage-will-soon-become-legal-in-france-big-win-for-lgbt-rights-in-europe|publisher=Policymic.com|accessdate=25 September 2012}}</ref> | |||
====Germany==== | |||
{{main|Same-sex marriage in Germany}} | |||
In June 2011, ] faced a vote on same-sex marriage. The issue was opened by the ] of ], and would be voted on in the Federal Bundesrat. | |||
====Luxembourg==== | |||
{{main|Same-sex marriage in Luxembourg}} | |||
Civil union, ], ], ], unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of {{date}}, countries that have an alternative form of legal recognition other than marriage on a national level are: ], ], ], the ], ], ], ], ], ] and ].<ref name="countries and states legal">{{Cite web |last=Pearson |first=Mary |title=Where is Gay Marriage Legal? |url=http://christiangays.com/marriage/legal.shtml |url-status=dead |archive-url=https://web.archive.org/web/20120301004148/http://christiangays.com/marriage/legal.shtml |archive-date=1 March 2012 |access-date=20 February 2012 |publisher=christiangays.com}}</ref><ref>{{Cite web |last=Williams |first=Steve |title=Which Countries Have Legalized Gay Marriage? |url=http://www.care2.com/causes/which-countries-have-legalized-gay-marriage.html |url-status=live |archive-url=https://web.archive.org/web/20190429011118/https://www.care2.com/causes/which-countries-have-legalized-gay-marriage.html |archive-date=29 April 2019 |access-date=20 February 2012 |publisher=Care2.com (news.bbc.co.uk as source)}}</ref> Same-sex marriage performed remotely or abroad is recognized with full marital rights by ]. ] offers more limited rights. Additionally, various cities and counties in ] and ] offer same-sex couples varying levels of benefits, which include hospital visitation rights and others. | |||
The current government of Luxembourg ].<ref>{{cite web|url=http://www.station.lu/index.php?p=edito&id=12240 |title=The Station Network |publisher=Station.lu |accessdate=5 November 2010}}</ref> | |||
Additionally, nineteen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: ], ], ], ], ], ], ], ], ], ], ], ], ], the ], ], ], ], the ] and ].<ref>{{Cite web |title=Loi du 9 juillet 2004 relative aux effets légaux de certains partenariats. – Legilux |url=http://eli.legilux.public.lu/eli/etat/leg/loi/2004/07/09/n3 |url-status=live |archive-url=https://web.archive.org/web/20160911061405/http://eli.legilux.public.lu/eli/etat/leg/loi/2004/07/09/n3 |archive-date=11 September 2016 |access-date=7 July 2017 |website=Eli.legilux.public.lu}}</ref><ref>{{Cite web |date=12 March 2007 |title=Loi n° 99-944 du 15 novembre 1999 relative au pacte civil de solidarité |url=http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=0F15B99854A4FE47659F950BE42DF000.tpdjo05v_3?cidTexte=LEGITEXT000005628705&dateTexte=vig |url-status=live |archive-url=https://web.archive.org/web/20190816215959/https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=0F15B99854A4FE47659F950BE42DF000.tpdjo05v_3?cidTexte=LEGITEXT000005628705&dateTexte=vig |archive-date=16 August 2019 |access-date=7 July 2017 |website=Legifrance.gouv.fr |language=fr}}</ref><ref>{{Cite web |title=WETTEN, DECRETEN, ORDONNANTIES EN VERORDENINGEN LOIS, DECRETS, ORDONNANCES ET REGLEMENTS |url=http://www.ejustice.just.fgov.be/mopdf/2000/03/02_1.pdf |url-status=live |archive-url=https://web.archive.org/web/20190429011144/http://www.ejustice.just.fgov.be/mopdf/2000/03/02_1.pdf |archive-date=29 April 2019 |access-date=7 July 2017 |website=Ejustice.jkust.fgov.be}}</ref><ref>{{Cite web |title=Civil Partnership Act 2004 |url=http://www.legislation.gov.uk/ukpga/2004/33/contents |url-status=live |archive-url=https://web.archive.org/web/20190429011336/http://www.legislation.gov.uk/ukpga/2004/33/contents |archive-date=29 April 2019 |access-date=5 July 2017 |website=Legislation.gov.uk}}</ref> | |||
====Nepal==== | |||
{{main|Same-sex marriage in Nepal}} | |||
In November 2008, Nepal's highest court issued final judgment on matters related to LGBT rights, which included permitting gay couples to marry. Same-sex marriage and protection for sexual minorities were to be included in the new Nepalese constitution required to be completed by 31 May 2012.<ref>{{cite web|url=http://www.hindustantimes.com/News-Feed/nepal/Nepal-charter-to-grant-gay-rights/Article1-499154.aspx |title=Nepal charter to grant gay rights |work=Hindustan Times |date=19 January 2010 |accessdate=1 February 2010}}</ref><ref>{{Cite news|last=Nelson |first=Dean |url=http://www.telegraph.co.uk/news/worldnews/asia/nepal/7027736/Nepal-to-stage-gay-weddings-on-Everest.html |title=Nepal 'to stage gay weddings on Everest' |work=The Daily Telegraph |date=19 January 2010 |accessdate=1 February 2010 | location=London}}</ref> However, the legislature was unable to agree on the constitution before the deadline and was dissolved after the Supreme Court ruled that the term could not be extended.<ref>{{cite news|url=http://www.nytimes.com/2012/05/28/world/asia/nepal-disbands-legislature-as-talks-on-constitution-fail.html |title=Legislature in Nepal Disbands in Failure|work=New York Times |date=31 May 2012 |accessdate=1 June 2012 |first1=Kiran |last1=Chapagain |first2=Jim |last2=Yardley}}</ref> | |||
They are also available in parts of the United States (],{{efn|Legally available in the Arizona municipalities of Bisbee, Clarkdale, Cottonwood, Jerome, Sedona and Tucson.}} ], ], ], ], ], ] and ]) and Canada.<ref>{{Cite web |title=Same-Sex Marriage, Civil Unions and Domestic Partnerships |url=http://www.ncsl.org/issues-research/human-services/same-sex-marriage-overview.aspx |url-status=live |archive-url=https://web.archive.org/web/20130610003023/http://www.ncsl.org/issues-research/human-services/same-sex-marriage-overview.aspx |archive-date=10 June 2013 |access-date=20 February 2012 |publisher=National Conference of State Legislatures}}</ref><ref>{{Cite news |last=Ramstack, Tom |date=11 January 2010 |title=Congress Considers Outcome of D.C. Gay Marriage Legislation |work=AHN |url=http://www.allheadlinenews.com/articles/7017501996?Congress%20Considers%20Outcome%20of%20D.C.%20Gay%20Marriage%20Legislation |url-status=dead |archive-url=https://web.archive.org/web/20100620042439/http://www.allheadlinenews.com/articles/7017501996?Congress%20Considers%20Outcome%20of%20D.C.%20Gay%20Marriage%20Legislation |archive-date=20 June 2010}}</ref> | |||
====New Zealand==== | |||
{{main|Same-sex marriage in New Zealand}} | |||
New Zealand's Marriage Act 1955 recognizes marriage rights only for opposite-sex couples. New Zealand's Parliament rejected a bill that would have prohibited the recognition of ] in December 2005. The marriage laws consider ] who have undergone ] as having changed sex for legal purposes, following Family Court and ] decisions in 1995. However the 2005 Civil Union Act allows same-sex and opposite sex couples to have a civil union which under the law is identical to a marriage, with the exception that same-sex couples cannot jointly apply to adopt. | |||
===Non-sexual same-sex marriage=== | |||
{{As of|November 2012}}, a bill is before ] to legalise same sex marriage in New Zealand. The Marriage (Definition of Marriage) Amendment Bill passed its first reading in August 2012, with 80 votes in favor and 40 votes in opposition (there was one abstention), and is currently before Select Committee for consideration and public submissions. The Committee is due to report back by 28 February 2013 on whether the bill should continue and recommend any amendments to the bill. | |||
====Kenya==== | |||
{{main|LGBT rights in Kenya}} | |||
Female same-sex marriage is practiced among the ], ], ], ], and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family.<ref>''Gender and Language in Sub-Saharan Africa,'' 2013:35</ref> | |||
====Nigeria==== | ====Nigeria==== | ||
{{main|Recognition of same-sex unions in Nigeria}} | |||
In 2006, ] President ] introduced legislation that prohibits same-sex marriages and criminalizes anyone who "performs, witnesses, aids or abets" such ceremonies.<ref name=UN>{{cite web|last=Fleshman|first=Michael|title=African gays and lesbians combat bias: An ‘invisible’ minority seeks legal safeguards, acceptance|url=http://www.un.org/ecosocdev/geninfo/afrec/vol21no1/211-gays-lesbians-combat-bias.html|publisher=United Nations|accessdate=28 September 2012}}</ref> Among the ] of Nigeria, there are circumstances where a marriage between two women is allowed, such as when a woman has no child and the husband dies.<ref name=NigeriaTribune>{{cite web |url=http://www.tribune.com.ng/19062009/opinion.html |archiveurl=http://web.archive.org/web/20100111010506/http://www.tribune.com.ng/19062009/opinion.html |archivedate=11 January 2010 |title=Tradition of same gender marriage in Igboland |first=Leo |last=Igwe |publisher=Nigerian Tribune |date=19 June 2009}}</ref> | |||
Among the ] and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage.<ref name="NigeriaTribune">{{Cite web |last=Igwe |first=Leo |date=19 June 2009 |title=Tradition of same gender marriage in Igboland |url=http://www.tribune.com.ng/19062009/opinion.html |archive-url=https://web.archive.org/web/20100111010506/http://www.tribune.com.ng/19062009/opinion.html |archive-date=11 January 2010 |website=Nigerian Tribune}}</ref> | |||
== |
== Studies == | ||
The ] stated on 26 February 2004:{{blockquote|text=The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies.<ref name="aaa">{{Cite web |last=American Anthropological Association |author-link=American Anthropological Association |year=2004 |title=Statement on Marriage and the Family |url=http://www.aaanet.org/issues/policy-advocacy/Statement-on-Marriage-and-the-family.cfm |url-status=live |archive-url=https://web.archive.org/web/20150912104755/http://www.aaanet.org/issues/policy-advocacy/Statement-on-Marriage-and-the-Family.cfm |archive-date=12 September 2015 |access-date=18 September 2015}}</ref>}} | |||
In the process of rewriting the Turkish constitution, the opposition party ], called for the liberalization of the marriage policies, which would include same sex marriage. The biggest opposition party in the Turkish parliament, ], supported the idea. The largest party in the parliament, the ], is against same sex marriage, although Premier ], the leader of the AKP, supported full equal rights for LGBT citizens in 2002. Same sex marriage will soon be discussed again by members of the parliament, since all political parties gather in committees to establish a new constitution.<ref>{{cite web|title=BDP'nin eşcinsel evlilik isteği tartışılıyor|url=http://www.haber10.com/haber/279069/|publisher=Haber10|accessdate=24 July 2012}}</ref><ref>{{cite web|last=GL|first=Kaos|title=LGBT Initiative from Prime Minister Erdoğan!|url=http://www.ilga-europe.org/home/guide/country_by_country/turkey/lgbt_initiative_from_prime_minister_erdogan|publisher=ILGA Europe|accessdate=24 July 2012}}</ref> | |||
Research findings from 1998 to 2015 from the ], ], ], the ], the ], ], the ], the ], ], ], the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support the findings of this study.<ref>{{Cite news |date=26 June 2015 |title=Same-sex marriage and children's well-being: Research roundup |work=Journalist's Resource |url=http://journalistsresource.org/studies/society/gender-society/same-sex-marriage-children-well-being-research-roundup |url-status=live |access-date=29 December 2015 |archive-url=https://web.archive.org/web/20160102172415/http://journalistsresource.org/studies/society/gender-society/same-sex-marriage-children-well-being-research-roundup |archive-date=2 January 2016}}</ref>{{vague|date=February 2021}} | |||
====United Kingdom==== | |||
The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors.<ref>{{Cite journal |doi = 10.1002/pam.22587|title = A review of the effects of legal access to same-sex marriage |journal = Journal of Policy Analysis and Management|year = 2024|last1=Badgett|first1=M.V. Lee|last2=Carpenter|first2=Christopher S.|last3=Lee|first3=Maxine J.|last4=Sansone|first4 = Dario|doi-access=free|hdl=10871/135707|hdl-access=free}}</ref> The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On the health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities. | |||
{{main|Same-sex marriage in the United Kingdom}} | |||
===Health=== | |||
Since 2005 same-sex couples have been allowed to enter into ], a separate union which provides the ]. In 2006 the ] rejected a legal bid by a British lesbian couple who had ] in Canada to have their union recognised as a marriage in the UK and not as a civil partnership. In September 2011, the Coalition government announced its intention to introduce same-sex civil marriage by the ].<ref>{{cite news|last=Green|first=Jessica|title=Government proposes introducing gay marriage after Cameron intervention|url=http://www.pinknews.co.uk/2011/09/16/government-proposes-introduction-of-full-gay-marriage-after-cameron-intervention/|accessdate=28 September 2012|newspaper=]|date=16 September 2011}}</ref> In June 2012 the UK government completed a consultation to allow both religious same-sex ceremonies and civil marriage for same-sex couples in England and Wales with the intention of legalising same-sex marriage at some point by 2015.<ref name="grauni1127">{{cite news |title=Gay marriages and heterosexual civil partnerships may soon be welcomed |first=Alan |last=Travis |url=http://www.guardian.co.uk/lifeandstyle/2011/feb/17/civil-partnerships-marriage |newspaper=The Guardian |location=London |date=17 February 2011 |accessdate=18 February 2011 }}</ref> | |||
{{as of|2006}}, the data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships.<ref name="aap2006" /><ref name="autogenerated4">Herek, Gregory M. "Legal recognition of same-sex relationships in the United States: A social science perspective." ''American Psychologist,'' Vol 61(6), September 2006, pp. 607–21.</ref>{{update inline|date=December 2023}} Studies in the United States have correlated legalization of same-sex marriage to lower rates of HIV infection,<ref>{{Cite web |author=Elaine Justice |title=Study Links Gay Marriage Bans to Rise in HIV infections |url=http://www.emory.edu/home/news/releases/2009/06/study-links-gay-marriage-bans-to-rise-in-hiv-rate.html |url-status=live |archive-url=https://web.archive.org/web/20100409072056/http://www.emory.edu/home/news/releases/2009/06/study-links-gay-marriage-bans-to-rise-in-hiv-rate.html |archive-date=9 April 2010 |access-date=5 November 2010 |publisher=Emory University}}</ref><ref>{{Cite journal |last=Peng |first=Handie |title=The Effect of Same-Sex Marriage Laws on Public Health and Welfare |journal=Userwww.service.emory.edu |url=https://emory.academia.edu/HandiePeng/Papers/430809/The_Effects_of_Same-Sex_Marriage_Laws_on_Public_Health_and_Welfare |url-status=live |archive-url=https://web.archive.org/web/20120220025915/http://emory.academia.edu/HandiePeng/Papers/430809/The_Effects_of_Same-Sex_Marriage_Laws_on_Public_Health_and_Welfare |archive-date=20 February 2012 |access-date=11 February 2012}}</ref> psychiatric disorders,<ref>{{Cite web |last=Hasin |first=Deborah |title=Lesbian, gay, bisexual individuals risk psychiatric disorders from discriminatory policies |url=http://www.eurekalert.org/pub_releases/2010-03/cums-lgb030210.php |url-status=live |archive-url=https://web.archive.org/web/20130227012518/http://www.eurekalert.org/pub_releases/2010-03/cums-lgb030210.php |archive-date=27 February 2013 |access-date=20 September 2012 |publisher=]}}</ref><ref name="psychtoday">{{Cite news |last=Mustanski |first=Brian |date=22 March 2010 |title=New study suggests bans on gay marriage hurt mental health of LGB people |work=] |url=http://www.psychologytoday.com/blog/the-sexual-continuum/201003/new-study-suggests-bans-gay-marriage-hurt-mental-health-lgb-people |access-date=8 November 2010}}</ref> and ].<ref name="JAMA">{{Cite journal |last1=Raifman |first1=Julia |last2=Moscoe |first2=Ellen |last3=Austin |first3=S. Bryn |last4=McConnell |first4=Margaret |year=2017 |title=Difference-in-Differences Analysis of the Association Between State Same-Sex Marriage Policies and Adolescent Suicide Attempts|journal=JAMA Pediatrics |volume=171 |issue=4 |pages=350–356 |doi=10.1001/jamapediatrics.2016.4529 |pmc=5848493 |pmid=28241285}}</ref><ref>{{Cite web |date=20 February 2017 |title=Same-Sex Marriage Legalization Linked to Reduction in Suicide Attempts Among High School Students |url=https://www.jhsph.edu/news/news-releases/2017/same-sex-marriage-legalization-linked-to-reduction-in-suicide-attempts-among-high-school-students.html |url-status=live |archive-url=https://web.archive.org/web/20190429010934/https://www.jhsph.edu/news/news-releases/2017/same-sex-marriage-legalization-linked-to-reduction-in-suicide-attempts-among-high-school-students.html |archive-date=29 April 2019 |access-date=8 June 2018 |website=]}}</ref> | |||
The ] conducted a three month long consultation which ended on 9 December 2011 and the analysis was published in July 2012.<ref>{{cite news |title=Consultation sees 50,000 responses |work=The Scotsman |location=Edinburgh |url=http://www.scotsman.com/the-scotsman/politics/consultation_sees_50_000_responses_1_2001639 |accessdate=9 February 2012 |date=10 December 2011}}</ref> Unlike the consultation held in England and Wales, Scotland considered both civil and religious same-sex marriage. Whilst the Scottish Government is in favour of same-sex marriage, it stated that no religious body would be forced to hold such ceremonies once legislation is enacted.<ref>{{cite web |title=Scottish Parliament Website |url=http://www.scotland.gov.uk/Publications/2011/09/05153328/1 |publisher=Scottish Government |accessdate=9 February 2012}}</ref> The consultation received more than 77,000 responses, and in July the Scottish Cabinet announced plans to introduce legislation to legalise both civil and religious same-sex marriage.<ref>{{cite news |title=Gay marriage to be introduced in Scotland |url=http://www.bbc.co.uk/news/uk-scotland-scotland-politics-18981287 |accessdate=25 July 2012 |publisher=BBC News |date=25 July 2012}}</ref> | |||
==Issues== | |||
===International organizations=== | |||
The terms of employment of the staff of ] (not ]) in most cases are not governed by the laws of the country where their offices are located. Agreements with the host country safeguard these organizations' impartiality. | |||
Despite their relative independence, few organizations recognize same-sex partnerships without condition. The agencies of the United Nations recognize same-sex marriages if and only if the country of citizenship of the employees in question recognizes the marriage.<ref>{{cite web|title=UN Secretary-General Bulletin|url=http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N04/522/40/PDF/N0452240.pdf|publisher=United Nations|accessdate=25 September 2012}}</ref> In some cases, these organizations do offer a limited selection of the benefits normally provided to opposite-sex married couples to ''de facto'' partners or ]s of their staff, but even individuals who have entered into an opposite-sex civil union in their home country are not guaranteed full recognition of this union in all organizations. However, the ] does recognize domestic partners.<ref>{{cite web|url=http://web.worldbank.org/WBSITE/EXTERNAL/EXTHRJOBS/0,,contentMDK:20522360~menuPK:1353209~pagePK:64262408~piPK:64262191~theSitePK:1058433,00.html|title=Jobs — Compensation & Benefits|publisher=The World Bank Group|accessdate=8 March 2007}}</ref> | |||
==Other legally recognized same-sex unions== | |||
{{Main|Civil union}} | |||
], reject the notion of ].<ref name=Towleroad>{{cite web|last=Towle|first=Andy|title=NYC Protest and Civil Rights March Opposing Proposition 8|url=http://www.towleroad.com/2008/11/we-did-it.html|publisher=]|accessdate=28 September 2012}}</ref>]] | |||
Civil union, ], ], ], unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage and are available to same-sex couples in: Andorra, Australia, Brazil, Colombia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Israel, Liechtenstein, Luxembourg, New Zealand, Slovenia, Switzerland, United Kingdom, and Uruguay.<ref name="countries and states legal">{{cite web |last= Pearson |first=Mary |title=Where is Gay Marriage Legal? |url= http://christiangays.com/marriage/legal.shtml |publisher=christiangays.com |accessdate=20 February 2012}}</ref><ref>{{cite web |last= Williams |first= Steve |title=Which Countries Have Legalized Gay Marriage? |url= http://www.care2.com/causes/which-countries-have-legalized-gay-marriage.html |publisher=Care2.com (news.bbc.co.uk as source)|accessdate=20 February 2012}}</ref> | |||
They are also available in parts of Mexico (] and Mexico City) and the United States (California, ], Hawaii, ], ], ], ], ] and ].<ref>{{cite web|title=Same-Sex Marriage, Civil Unions and Domestic Partnerships|url=http://www.ncsl.org/issues-research/human-services/same-sex-marriage-overview.aspx|publisher=National Conference of State Legislatures|accessdate=20 February 2012}}</ref><ref>{{cite news |url= http://www.allheadlinenews.com/articles/7017501996?Congress%20Considers%20Outcome%20of%20D.C.%20Gay%20Marriage%20Legislation |title= Congress Considers Outcome of D.C. Gay Marriage Legislation |work=AHN |author= Ramstack, Tom |date=11 January 2010}}</ref> In some countries with these legal recognitions, the actual benefits are minimal. Many people consider civil unions, even those that grant equal rights, inadequate because they create a separate status, and believe they should be replaced by gender-neutral marriage.<ref>{{cite news |url= http://www.huffingtonpost.com/john-bohrer/nj-civil-unions-nothing-_b_36351.html |title=NJ Civil Unions: Nothing to Celebrate|work=The Huffington Post|author=Bohrer, John R. |date=14 December 2006}}</ref> | |||
==Religion== | |||
{{Main|Religious views on same-sex marriage}} | |||
Arguments on both sides of the same-sex marriage debate are still often made on religious grounds and/or formulated in terms of religious doctrine. One source of controversy is whether same-sex marriage affects ].<ref name=BannedInBoston /><ref name=number10>{{cite web|url=http://www.number10.gov.uk/Page14546 |title=Government's response |publisher=UK Prime Minister's Office |date=13 April 2010 |accessdate=5 November 2010}}</ref><ref>{{cite web|url=http://www.chrc-ccdp.ca/legislation_policies/submission_marriage-en.asp#Freedom%20of%20Religion |title=Same-Sex Marriage and Freedom of Religion |publisher=Canadian Human Rights Commission |date=13 October 2010 |accessdate=5 November 2010}}</ref><ref>{{cite news|url=http://www.cbc.ca/news/background/samesexrights/beforethecourt.html |title=The Supreme Court decision |work=CBC News |location =Toronto |accessdate=5 November 2010}}</ref><ref>{{cite book | author = Wilson, Robin J.; Laycock, Douglas; Picarello, Anthony R. | title = Same-sex marriage and religious liberty: emerging conflicts | publisher = Beckett Fund for Religious Liberty | location = Washington, D.C. | year = 2008 | isbn = 0-7425-6326-X }}</ref><ref>{{cite journal | url = http://journals.cambridge.org/action/displayAbstract?aid=1991700 | title = The Civil Partnership Act 2004, Same-Sex Marriage and the Church of England | author = Humphreys, J. |journal= Ecclesiastical Law Journal |year=2006 |month= July |issue= 8 |pages= 289–306 |doi= 10.1017/S0956618X0000644X | volume = 8 }}</ref><ref>{{cite news |last=Cameron |first=Scott |url= http://www.npr.org/blogs/talk/2008/06/gay_marriage_conflict_between_1.html |title=Gay Marriage: Conflict Between Equal Rights and Religious Freedom? |work=National Public Radio |location =Washington DC |date=16 June 2008 |accessdate=5 November 2010}}</ref> Some religious organizations (citing their religious beliefs) refuse to provide employment, public accommodations, adoption services and other benefits to same-sex couples.<ref>{{cite web |url= http://www.npr.org/templates/story/story.php?storyId=91486340 |title=Gay Rights, Religious Liberties: A Three-Act Story |work=National Public Radio |location =Washington DC |accessdate=5 November 2010}}</ref><ref>{{cite news |url= http://ldsmag.com/article/2688 |title=Elder Dallin H. Oaks: Religious Freedom at Risk|work=Meridian Magazine|accessdate=24 July 2012}}</ref> Some governments have made special provisions for religious protections within the texts of same-sex marriage laws.<ref>{{cite news|first=Peter|last=Steinfels|url= http://www.nytimes.com/2009/05/23/us/23beliefs.html |title=Same-Sex Marriage Laws Pose Protection Quandary |work=The New York Times |date=22 May 2009}}</ref> | |||
There are various religions which favor or practise same-sex marriage, including ], ], ], ]ns, ], ] movements, ] and ] religions with a ] tradition.<ref> retrieved 29 October 2012</ref><ref>*Toward a new political humanism - Page 146 | |||
*Voices from the pagan census - Page 79 | |||
*The Oxford Handbook of New Religious Movements - Page 383</ref> Among philisophical movements, the most prominent ]s endorse same-sex marriage.<ref>Toward a new political humanism - Page 145 Barry F. Seidman, Neil J. Murphy - 2004</ref> There are also several denominations, branches and sub-groups within religions that favor or practise same-sex marriage, such as ], ], the ], the ], the ], ], ], ] and ] Jews. | |||
==Controversies== | |||
{{See also|LGBT rights opposition}} | {{See also|LGBT rights opposition}} | ||
While few societies have recognized same-sex unions as marriages, the ] reveals a large range of attitudes towards same-sex unions ranging from praise, |
While few societies have recognized same-sex unions as marriages,{{update inline|date=January 2024}} the ] reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation.{{citation needed|date=June 2018}} Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising,<ref name="Laurie">{{Cite web |last=Laurie |first=Timothy |date=3 June 2015 |title=Bigotry or biology: the hard choice for an opponent of marriage equality |url=http://www.abc.net.au/news/2015-06-03/laurie-bigotry-or-biology/6514156 |url-status=live |archive-url=https://web.archive.org/web/20150604151718/http://www.abc.net.au/news/2015-06-03/laurie-bigotry-or-biology/6514156 |archive-date=4 June 2015 |access-date=4 June 2015 |publisher=The Drum}}</ref> undermines a right of children to be raised by their biological mother and father.<ref>{{Cite news |last=Blankenhorn |first=David |date=19 September 2008 |title=Protecting marriage to protect children |work=Los Angeles Times |url=https://www.latimes.com/news/opinion/commentary/la-oe-blankenhorn19-2008sep19,0,6057126.story |url-status=live |access-date=6 October 2009 |archive-url=https://web.archive.org/web/20090904154130/http://www.latimes.com/news/opinion/commentary/la-oe-blankenhorn19-2008sep19,0,6057126.story |archive-date=4 September 2009}}</ref> Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships,<ref name="findlaw1">{{Cite web |title=See discussion of prenuptial and postmarital agreements at Findlaw |url=http://family.findlaw.com/marriage/marriage-agreements |url-status=dead |archive-url=https://web.archive.org/web/20101025170627/http://family.findlaw.com/marriage/marriage-agreements/ |archive-date=25 October 2010 |access-date=5 November 2010 |publisher=Family.findlaw.com}}</ref> while others argue that same-sex marriages would provide social benefits to same-sex couples.{{efn|1=Dale Carpenter is a prominent spokesman for this view. For a better understanding of this view, see Carpenter's writings at {{Cite web |title=Dale Carpenter |url=http://www.indegayforum.org/staff/show/91.html |url-status=dead |archive-url=https://web.archive.org/web/20061117201231/http://www.indegayforum.org/staff/show/91.html |archive-date=17 November 2006 |access-date=31 October 2006 |website=Independent Gay Forum}} }} The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.{{citation needed|date=July 2017}} | ||
=== |
===Parenting=== | ||
{{Main|LGBT parenting|Same-sex marriage and the family}} | |||
Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of the social construct across cultures around the world.<ref name=Fedorak>{{cite book|last=Fedorak|first=Shirley A.|title=Anthropology matters!|year=2008|publisher=]|location=, Ont.|isbn=1442601086|pages=Ch. 11; p. 174}}</ref><ref name=Gough>{{cite journal|last=Gough|first=Kathleen E.|title=The Nayars and the Definition of Marriage|journal=The Journal of the ]|year=1959|month=Jan. – Jun.|volume=89|issue=1|pages=23–34|url=http://www.jstor.org/pss/2844434|accessdate=28 September 2012}}</ref> Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including in more than 30 ], such as the ] and ].<ref name=Gough /><ref name=Africa>{{cite book|last=Murray|first=Stephen O.|title=Boy-wives and female husbands : studies of African homosexualities|year=2001|publisher=St. Martin's|location=New York|isbn=0312238290|url=http://books.google.com/books?id=ZjbESL6YWU0C&lpg=PA255&ots=WdlOOaKAAq&dq=%22Woman-woman%20marriage%20in%20Africa%22&pg=PA255#v=onepage&q=%22Woman-woman%20marriage%20in%20Africa%22&f=false|edition=1st pbk. ed.|coauthors=Roscoe, Will}}</ref><ref name=Kikuyu>{{cite journal|last=Njambi|first=Wairimu|coauthors=O'Brien, William|title=Revisiting "Woman-Woman Marriage": Notes on Gikuyu Women|journal=]|year=2001|month=Spring|volume=12|issue=1|pages=1–23|url=http://muse.jhu.edu/login?uri=/journals/nwsa_journal/v012/12.1njambi.html|accessdate=28 September 2012}}</ref> | |||
] | |||
Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers.<ref name="amici">{{Cite web |title=Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker) |url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |url-status=live |archive-url=https://web.archive.org/web/20150413160709/http://cdn.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |archive-date=13 April 2015 |access-date=5 November 2010}}</ref><ref name="cpa2006">{{Cite web |year=2006 |title=Marriage of Same-Sex Couples – 2006 Position Statement Canadian Psychological Association |url=http://www.cpa.ca/cpasite/userfiles/Documents/Marriage%20of%20Same-Sex%20Couples%20Position%20Statement%20-%20October%202006%20(1).pdf |archive-url=https://web.archive.org/web/20090419195945/http://www.cpa.ca/cpasite/userfiles/Documents/Marriage%20of%20Same-Sex%20Couples%20Position%20Statement%20-%20October%202006%20%281%29.pdf |archive-date=19 April 2009}}</ref><ref>{{Cite journal |display-authors=etal |vauthors=Pawelski JG, Perrin EC, Foy JM |date=July 2006 |title=The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children |journal=] |volume=118 |issue=1 |pages=349–64 |doi=10.1542/peds.2006-1279 |pmid=16818585 |s2cid=219194821 |doi-access=}}</ref><ref>{{Cite web |last=Lamb |first=Michael |title=Expert Affidavit for U.S. District Court (D. Mass. 2009) |url=http://www.glad.org/uploads/docs/cases/pedersen-v-opm/2011-09-14-pedersen-lamb-rebuttal-afffidavit.pdf |url-status=live |archive-url=https://web.archive.org/web/20150924022457/http://www.glad.org/uploads/docs/cases/pedersen-v-opm/2011-09-14-pedersen-lamb-rebuttal-afffidavit.pdf |archive-date=24 September 2015 |access-date=24 July 2012 |publisher=Gay & Lesbian Advocates & Defenders}}</ref><ref name="AAP-Discovery">{{Cite web |date=22 March 2013 |title=Pediatricians: Gay Marriage Good for Kids' Health |url=http://news.discovery.com/human/health/pediatricians-gay-marriage-is-good-for-kids-health-130322.htm |url-status=live |archive-url=https://web.archive.org/web/20141112053402/http://news.discovery.com/human/health/pediatricians-gay-marriage-is-good-for-kids-health-130322.htm |archive-date=12 November 2014 |access-date=11 April 2013 |publisher=news.discovery.com}}</ref> | |||
Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents.<ref name=cpa2006/><ref name="AAP-Discovery" /><ref name="apsp">{{Cite web |title=Elizabeth Short, Damien W. Riggs, Amaryll Perlesz, Rhonda Brown, Graeme Kane: Lesbian, Gay, Bisexual and Transgender (LGBT) Parented Families – A Literature Review prepared for The Australian Psychological Society |url=http://www.psychology.org.au/Assets/Files/LGBT-Families-Lit-Review.pdf |url-status=dead |archive-url=https://web.archive.org/web/20110304014530/http://www.psychology.org.au/Assets/Files/LGBT-Families-Lit-Review.pdf |archive-date=4 March 2011 |access-date=5 November 2010}}</ref><ref name="amici2010">{{Cite web |title=Brief of the American Psychological Association, The California Psychological Association, The American Psychiatric Association, and The American Association of Marriage and Family Therapy as Amici Curiae in Support of Plaintiff-Appellees |url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |url-status=live |archive-url=https://web.archive.org/web/20150413160709/http://cdn.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |archive-date=13 April 2015 |access-date=28 September 2012 |publisher=]}}</ref> According to scientific literature reviews, there is no evidence to the contrary.<ref name="aap2006">{{Cite journal |last1=Pawelski |first1=J.G. |last2=Perrin |first2=E.C. |last3=Foy |first3=J.M. |last4=Allen |first4=C.E. |last5=Crawford |first5=J.E. |last6=Del Monte |first6=M. |last7=Kaufman |first7=M. |last8=Klein |first8=J.D. |last9=Smith |first9=K. |last10=Springer |first10=S. |last11=Tanner |first11=J.L. |last12=Vickers |first12=D.L. |year=2006 |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |journal=Pediatrics |volume=118 |issue=1 |pages=349–64 |doi=10.1542/peds.2006-1279 |pmid=16818585 |s2cid=219194821 |doi-access=}}</ref><ref name="herek">{{Cite journal |last=Herek, GM |date=September 2006 |title=Legal recognition of same-sex relationships in the United States: a social science perspective |url=http://psychology.ucdavis.edu/rainbow/html/AP_06_pre.PDF |url-status=dead |journal=The American Psychologist |volume=61 |issue=6 |pages=607–21 |doi=10.1037/0003-066X.61.6.607 |pmid=16953748 |archive-url=https://web.archive.org/web/20100610164736/http://psychology.ucdavis.edu/rainbow/html/AP_06_pre.PDF |archive-date=10 June 2010}}</ref><ref name="How Does the Gender of Parents Matter?">{{Cite journal |last1=Biblarz, Timothy J. |last2=Stacey, Judith |date=February 2010 |title=How Does the Gender of Parents Matter? |url=http://www.famigliearcobaleno.org/public/documenti/file/How-Does-the-Gender-of-Parents-Matter.pdf |url-status=dead |journal=Journal of Marriage and Family |volume=72 |issue=1 |pages=3–22 |citeseerx=10.1.1.593.4963 |doi=10.1111/j.1741-3737.2009.00678.x |archive-url=https://web.archive.org/web/20130512111336/http://www.famigliearcobaleno.org/public/documenti/file/How-Does-the-Gender-of-Parents-Matter.pdf |archive-date=12 May 2013}}</ref><ref name="cpa2005">{{Cite web |title=Brief presented to the Legislative House of Commons Committee on Bill C38 by the Canadian Psychological Association – 2 June 2005. |url=http://www.cpa.ca/cpasite/UserFiles/Documents/advocacy/brief.pdf |url-status=dead |archive-url=https://web.archive.org/web/20121013225547/http://www.cpa.ca/cpasite/userfiles/Documents/advocacy/brief.pdf |archive-date=13 October 2012 |access-date=7 August 2018}}</ref>{{update inline|date=December 2023}} | |||
With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word ''marriage'' to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions.<ref>{{cite news|title=Dictionairies take lead in redefining modern marriage|url=http://www.washingtontimes.com/news/2004/may/24/20040524-103201-1169r/|accessdate=25 September 2012|newspaper=]|date=24 May 2004}}</ref><ref name=ABA>{{cite web|title=Webster Makes It Official: Definition of Marriage Has Changed|url=http://www.abajournal.com/news/webster_makes_it_official_definition_of_marriage_has_changed/|publisher=]|accessdate=28 September 2012}}</ref> The ] has recognized same-sex marriage since 2000.<ref name=slate>{{cite news|last=Redman|first=Daniel|title=Noah Webster Gives His Blessing: Dictionaries recognize same-sex marriage—who knew?|url=http://www.slate.com/id/2215628/|accessdate=28 September 2012|newspaper=]|date=7 April 2009}}</ref> | |||
Compared to heterosexual couples, same-sex couples have a greater need for ] or ] to become parents. Lesbian couples often use ] to achieve pregnancy, and ] (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. ] is an option for wealthier gay male couples, but the cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships.<ref>{{cite journal |last1=Goldberg |first1=Abbie E. |title=LGBTQ-parent families: Diversity, intersectionality, and social context |journal=Current Opinion in Psychology |date=February 2023 |volume=49 |pages=101517 |doi=10.1016/j.copsyc.2022.101517|pmid=36502588 |s2cid=253665001 |url=https://commons.clarku.edu/faculty_psychology/4 }}</ref><ref>{{cite journal |last1=Leal |first1=Daniela |last2=Gato |first2=Jorge |last3=Coimbra |first3=Susana |last4=Freitas |first4=Daniela |last5=Tasker |first5=Fiona |title=Social Support in the Transition to Parenthood Among Lesbian, Gay, and Bisexual Persons: A Systematic Review |journal=Sexuality Research and Social Policy |date=December 2021 |volume=18 |issue=4 |pages=1165–1179 |doi=10.1007/s13178-020-00517-y|hdl=10216/132451 |hdl-access=free }}</ref> | |||
] and others have suggested reserving the word ''marriage'' for religious contexts as part of ], and in civil and legal contexts using a uniform concept of ]s, in part to strengthen the ].<ref>{{Cite news | |||
|url=http://www.rossde.com/editorials/Dershowitz_marriage.html | |||
|title=Government Should Quit the Marriage Business | |||
|work=Los Angeles Times | |||
|author=Dershowitz, Alan M. | |||
| authorlink = Alan Dershowitz | |||
|date=3 December 2003 | |||
|accessdate=8 March 2007 | |||
}}</ref> ], the president of the anti-same-sex marriage group ]'s Ruth Institute project,<ref>{{cite web|url=http://www.ruthinstitute.org/pages/boardMembers.html|title=Board of Advisors|publisher=Ruth Institute|accessdate=6 October 2009}}</ref> claims that the conflation of marriage with contractual agreements is a threat to marriage.<ref>{{Cite news | |||
|url=http://www.nationalreview.com/comment/morse200405200926.asp | |||
|title=''Not'' a Social Contract | |||
|work=] | |||
|author=Morse, Jennifer Roback | |||
| authorlink = Jennifer Roback Morse | |||
|date=20 May 2004 | |||
|accessdate=8 March 2007 | |||
}}</ref> | |||
====Adoption==== | |||
Some proponents of legal recognition of same-sex marriage, such as ] and ], use the terms ''marriage equality'' and ''equal marriage'' to indicate that they seek equal benefit of marriage laws as opposed to special rights.<ref>{{cite web|url=http://www.gardenstateequality.org/issues/marriageequality/|title=Marriage Equality|publisher=Garden State Equality|accessdate=24 July 2012}}</ref><ref>{{cite web|url=http://www.freedomtomarry.org/pages/marriage-101#faq3|title=Marriage 101|publisher=]|accessdate=28 September 2012}}</ref> | |||
{{main|LGBT adoption}} | |||
[[File:World same-sex adoption laws.svg|center|thumb|upright=3|Legal status of adoption by same-sex couples around the world: {{legend|#800080|Joint adoption allowed}} | |||
{{legend|#ba75ff|Second-parent (stepchild) adoption allowed}} | |||
{{legend|#CCCCCC|No laws allowing adoption by same-sex couples and no same-sex marriage}} | |||
{{legend|#E4D69D|Same-sex marriage but adoption by married same-sex couples not allowed}} | |||
]] | |||
All states that allow same-sex marriage also allow the joint ] of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely the Czech Republic and San Marino.{{citation needed|date=December 2023}} | |||
===Transgender and intersex people=== | |||
Opponents of same-sex marriage such as ], the ], and the ] use the term ''traditional marriage'' to mean marriages between one man and one woman.<ref>{{cite web|title=The Divine Institution of Marriage|url=http://www.mormonnewsroom.org/article/the-divine-institution-of-marriage|publisher=]|accessdate=28 September 2012}}</ref><ref>{{cite news|title=Bishops discuss religious liberty, marriage, finances at annual meeting|url=http://www.catholicnews.com/data/stories/cns/1104473.htm|work=Catholic New Service|location=Baltimore|accessdate=24 July 2012}}</ref><ref>{{cite news|url=http://www.bpnews.net/bpnews.asp?id=23282 |work=Baptist Press|title=Marriage Protection Sunday: Churches encouraged to address 'gay marriage'|date=19 May 2006 |accessdate=30 September 2011}}</ref> Anti-same-sex-marriage activist ] argues that equating same-sex and opposite-sex marriages changes the meaning of marriage and its traditions.<ref>Gallagher, Maggie. "Traditional Marriage Trifecta in the Making?." Human Events 64.36 (20 October 2008): 17–17. Academic Search Premier. EBSCO. 30 September 2009</ref> | |||
{{synthesis|date=May 2017}} | |||
{{See also|Transgender rights|Intersex human rights}} | |||
The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are ], depending on how sex is defined within a jurisdiction. Transgender and ] individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions.{{citation needed|date=February 2021}} In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity.<ref>Bockting, Walter, Autumn Benner, and Eli Coleman. "Gay and Bisexual Identity Development Among Female-to-Male Transsexuals in North America: Emergence of a Transgender Sexuality." ''Archives of Sexual Behavior'' 38.5 (October 2009): 688–701. Academic Search Premier. EBSCO. 29 September 2009</ref> | |||
In the United Kingdom, the '']'' allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate{{citation needed|date=February 2020}}, and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their ] marker corrected was found to be unconstitutional in 2006.<ref>{{Cite web |date=5 July 2006 |title=Austria gets first same-sex marriage |url=http://www.365gay.com/Newscon06/07/070506austria.htm |archive-url=https://web.archive.org/web/20071017161302/http://365gay.com/Newscon06/07/070506austria.htm |archive-date=17 October 2007 |access-date=20 July 2008 |publisher=365gay.com}}</ref> In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but was phased out in 2013.<ref>{{Cite web |date=11 January 2013 |title=Sweden ends forced sterilization of trans |url=http://www.gaystarnews.com/article/sweden-ends-forced-sterilization-trans110113 |url-status=dead |archive-url=https://web.archive.org/web/20180612234631/https://www.gaystarnews.com/article/sweden-ends-forced-sterilization-trans110113/ |archive-date=12 June 2018 |access-date=10 October 2017 |website=gaystarnews.com}}</ref> In the United States, transgender and intersex marriages was subject to legal complications.<ref>{{Cite journal |last=Deborah |first=Anthony |date=Spring 2012 |title=CAUGHT IN THE MIDDLE: TRANSSEXUAL MARRIAGE AND THE DISCONNECT BETWEEN SEX AND LEGAL SEX. |journal=Texas Journal of Women & the Law |volume=21 |issue=2}}</ref> As definitions and enforcement of marriage are defined by the states, these complications vary from state to state,<ref>{{Cite news |last=Schwartz |first=John |date=18 September 2009 |title=U.S. Defends Marriage Law |work=The New York Times |url=https://www.nytimes.com/2009/09/19/us/19brfs-USDEFENDSMAR_BRF.html |url-status=live |access-date=29 September 2009 |archive-url=https://web.archive.org/web/20140714172436/http://www.nytimes.com/2009/09/19/us/19brfs-USDEFENDSMAR_BRF.html |archive-date=14 July 2014}}</ref> as some of them prohibit legal changes of gender.<ref>{{Cite web |title=Movement Advancement Project {{!}} Equality Maps |url=http://www.lgbtmap.org/equality-maps |url-status=live |archive-url=https://web.archive.org/web/20190422164047/http://www.lgbtmap.org/equality-maps |archive-date=22 April 2019 |access-date=2019-04-19 |website=www.lgbtmap.org |language=en}}</ref> | |||
Some publications that oppose same-sex marriage, such as '']'' and ], have an editorial style policy of placing the word ''marriage'' in ] ("marriage") when it is used in reference to same-sex couples. In the United States, the mainstream press has generally abandoned this practice.<ref>{{Cite news |url= http://www.washingtoncitypaper.com/blogs/citydesk/2008/02/25/washington-times-scare-quotes-are-history/ |title=Washington Times Scare Quotes Are History |work=Washington City Paper |author= Wemple, Erik |date=25 February 2008 |accessdate=28 July 2008}}</ref> Cliff Kincaid of the conservative ] argues for use of quotation marks on the grounds that marriage is a legal status denied same-sex couples by most state governments.<ref>{{Cite news |url= http://www.aim.org/media-monitor/honest-versus-slanted-journalism/ |title=Honest Versus Slanted Journalism |work=] |author=Kincaid, Cliff |date=26 February 2004 |accessdate=8 March 2007}}</ref> Same-sex marriage supporters argue that the use of scare quotes is an editorialization that implies illegitimacy.<ref>{{cite web | |||
|url=http://atheism.about.com/b/2004/05/21/washington-times-dismisses-gay-marriages.htm | |||
|title=Washington Times Dismisses Gay "Marriages" | |||
|publisher=About.com | |||
|author=Cline, Austin | |||
|accessdate=8 March 2007 | |||
}}</ref> | |||
===Divorce=== | |||
] recommends the usages ''marriage for gays and lesbians'' or in space-limited headlines ''gay marriage'' with no hyphen and no scare quotes. The Associated Press warns that the construct ''gay marriage'' can imply that marriages of gay and lesbian couples are somehow legally different from those of opposite-sex couples.<ref>{{cite news|last=Harper|first=Robyn|title=When I Get Married, Will It Be a 'Gay Marriage'?|url=http://www.huffingtonpost.com/robyn-harper/marriage-equality_b_1572611.html|accessdate=28 September 2012|newspaper=]|date=6 June 2012}}</ref><ref>{{cite news|last=Harper|first=Robyn|title=My Marriage Won't Be a 'Gay Marriage'|url=http://voices.yahoo.com/my-marriage-wont-gay-marriage-11514384.html?cat=41|accessdate=28 September 2012|newspaper=Yahoo!|date=30 June 2012}}</ref> | |||
{{Main|Divorce of same-sex couples}} | |||
In the United States before the case of '']'', couples in same-sex marriages could only obtain a divorce in jurisdictions that recognized same-sex marriages, with some exceptions.<ref>{{Cite web |author=Matthew S. Coleman |date=16 September 2015 |title=Obergefell v. Hodges |url=http://www.einhornharris.com/familylawblog/obergefell-v-hodges |url-status=live |archive-url=https://web.archive.org/web/20151224103921/http://www.einhornharris.com/familylawblog/obergefell-v-hodges/ |archive-date=24 December 2015 |access-date=8 November 2015 |publisher=Einhorn Harris}}</ref> | |||
Same-sex marriage also can be described with the term ''homogamous marriage'',<ref>{{cite journal|last=Cohen|first=Phillip|title=Homogamy Unmodified|journal=Journal of Family Theory and Review|year=2011|month=March|volume=3|issue=1|pages=47–51|url=http://onlinelibrary.wiley.com/doi/10.1111/j.1756-2589.2010.00080.x/abstract|accessdate=28 September 2012}}</ref> in the scientific tradition of ] and ] terms for family type. | |||
===Judicial and legislative=== | ===Judicial and legislative=== | ||
{{Main|Conflict of marriage laws#Same-sex marriage}} | {{Main|Conflict of marriage laws#Same-sex marriage}} | ||
There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "]" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.<ref>{{ |
There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "]" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.<ref name="USA Today">{{Cite news |last=Leff |first=Lisa |date=4 December 2008 |title=Poll: Calif. gay marriage ban driven by religion |work=USA Today |agency=Associated Press |url=https://www.usatoday.com/news/religion/2008-12-04-gay-poll_N.htm |archive-url=https://web.archive.org/web/20081208080418/http://www.usatoday.com/news/religion/2008-12-04-gay-poll_N.htm |archive-date=8 December 2008}} archived here.</ref> | ||
In contrast, a ] view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.<ref name="bbc">{{Cite news |last=Mirchandani, Rajesh |date=12 November 2008 |title=Divisions persist over gay marriage ban |work=BBC News |url=http://news.bbc.co.uk/2/hi/americas/7723645.stm |url-status=live |access-date=18 December 2008 |archive-url=https://web.archive.org/web/20140428173747/http://news.bbc.co.uk/2/hi/americas/7723645.stm |archive-date=28 April 2014}}</ref> | |||
== Fictional same-sex marriage == | |||
<!-- This section is devoted solely to fictional places that feature same-sex marriage, please try not to mention fictional characters that are married, as that list could go on and on. --> | |||
==Public opinion== | |||
Same-sex marriages and relationships have been a theme in several fictional story arcs, mythology, cult classics, and video games. Same-sex marriage is possible in an increasing number of modern video games including: '']'',<ref>{{cite web|last=Masaki|first=Lyle|title=Same-sex marriage in the Fable games was no big deal for Peter Molyneux|url=http://www.afterelton.com/blog/lylemasaki/same-sex-marriage-in-fable2|publisher=]|accessdate=25 September 2012}}</ref> '']'',<ref>{{cite web|last=Hopkins|first=Tom|title=Skyrim Includes Same-Sex Marriage|url=http://www.nowgamer.com/news/1028931/skyrim_includes_samesex_marriage.html|publisher=nowgamer.com|accessdate=25 September 2012}}</ref> '']'',<ref>{{cite news |last=Hirshman |first=Linda |url= http://www.salon.com/2007/04/28/gay_dwarves/ |title=Why can't gay dwarves get married in Middle-earth? |work=Salon.com |accessdate=11 February 2012}}</ref> and '']''.<ref>{{cite web|last=Masaki|first=Lyle|title="The Sims 3" makes full-on gay marriage a virtual reality|url=http://www.afterelton.com/blog/lylemasaki/the-sims-3-includes-gay-marriage|publisher=]|accessdate=25 September 2012}}</ref> | |||
{{See also|Public opinion of same-sex marriage in the United States|Public opinion of same-sex marriage in Australia}} | |||
[[File:Public Support of Same-Sex Marriage.svg|center|thumb|upright=3|Public opinion of same-sex marriage. Fraction in favor:<ref>For ease of comparison, only 'yes' and 'no' responses are counted. For old polling data, support figures have been adjusted upward @1%/year.</ref> | |||
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Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of the world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world.<ref name="Gallup2011">{{Cite web |last=Newport |first=Frank |date=20 May 2011 |title=For First Time, Majority of Americans Favor Legal Gay Marriage |url=http://www.gallup.com/poll/147662/First-Time-Majority-Americans-Favor-Legal-Gay-Marriage.aspx |url-status=live |archive-url=https://web.archive.org/web/20140729043935/http://www.gallup.com/poll/147662/First-Time-Majority-Americans-Favor-Legal-Gay-Marriage.aspx |archive-date=29 July 2014 |access-date=25 September 2012 |publisher=]}}</ref><ref>{{Cite web |title=Public Opinion: Nationally |url=http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality |url-status=dead |archive-url=https://web.archive.org/web/20110303043929/http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/ |archive-date=3 March 2011 |access-date=25 September 2012 |publisher=australianmarriageequality.com}}</ref><ref>{{Cite web |title=Gay Life in Estonia |url=http://www.globalgayz.com/europe/estonia/gay-life-in-estonia |url-status=dead |archive-url=https://web.archive.org/web/20120716100828/http://www.globalgayz.com/europe/estonia/gay-life-in-estonia |archive-date=16 July 2012 |access-date=25 September 2012 |publisher=globalgayz.com}}</ref><ref>{{Cite news |last=Jowit |first=Juliette |date=12 June 2012 |title=Gay marriage gets ministerial approval |work=] |location=London |url=https://www.theguardian.com/society/2012/jun/12/gay-marriage-receive-ministerial-approval |url-status=live |access-date=25 September 2012 |archive-url=https://web.archive.org/web/20190506173542/https://www.theguardian.com/society/2012/jun/12/gay-marriage-receive-ministerial-approval |archive-date=6 May 2019}}</ref><ref>{{Cite news |date=24 February 2011 |title=Most Irish people support gay marriage, poll says |work=PinkNews |url=http://www.pinknews.co.uk/2011/02/24/most-irish-people-support-gay-marriage-poll-says |url-status=dead |access-date=25 September 2012 |archive-url=https://web.archive.org/web/20130926032112/http://www.pinknews.co.uk/2011/02/24/most-irish-people-support-gay-marriage-poll-says |archive-date=26 September 2013}}</ref>{{update inline|date=December 2021}} | |||
While there is very little mention of ], the independent fan series '']'' featured a same-sex marriage ceremony in the series finale.<ref>{{cite web|title=DIY "Star Trek" movies|url=http://www.stevehoffman.tv/forums/archive/index.php/t-119521.html|publisher=stevehoffman.tv|accessdate=25 September 2012}}</ref> | |||
Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.<ref name="Pew Survey 2023">{{cite web|url=https://www.pewresearch.org/short-reads/2023/06/13/how-people-in-24-countries-view-same-sex-marriage/|title=How people in 24 countries view same-sex marriage|access-date=12 December 2023}}</ref> | |||
'']'', a spin-off series within the '']'' saga and primary setting of the series features ], a prominent character who is married to another man.<ref>{{cite web|url=http://www.out.com/detail.asp?id=26653 |title=Need To Know: Sasha Roiz |publisher=Out.com |date=25 March 2010 |accessdate=28 December 2011}}</ref> | |||
;Greater support with youth | |||
In issue #51 of the '']'' comic series, the superhero ] married his partner Kyle Jinadu, making him the first superhero in history to have a same-sex marriage in a mainstream comic book.<ref>{{cite news|last=Peeples|first=Jase|title=Comic Books Take a Big Leap Forward With Gay Wedding|url=http://www.advocate.com/arts-entertainment/comics-and-graphic-novels/2012/06/19/get-early-look-how-marvel-comics-depicts|accessdate=23 July 2012|newspaper=]|date=19 June 2012}}</ref> | |||
] polling results from 32 countries found 21 with statistically higher support for same-sex marriage among those under 35 than among those over 35 in 2022–2023. Countries with the greatest absolute difference are placed to the left in the following chart. Countries without a significant generational difference are placed to the right.<ref name="Pew Survey 2023"/> | |||
<div style="overflow:auto"> | |||
==See also== | |||
{{ #invoke:Chart | bar-chart | |||
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| group 2 = 42 : 29 : 28 : 27 : 26 : 24 : 24 : 22 : 22 : 20 : 19 : 17 : 15 : 13 : 11 : 8 : 8 : 7 : 7 : 6 : 5 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 | |||
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| x legends = <small>Taiw</small> : <small>Mex</small> : <small>Sing</small> : <small>ROK</small> : <small>HK</small> : <small>Gre</small> : <small>Pol</small> : <small>Viet</small> : <small>Thai</small> : <small>Jpn</small> : <small>Cam</small> : <small>Braz</small> : <small>USA</small> : <small>Arg</small> : <small>Ital</small> : <small>Oz</small> : <small>S. Af.</small> : <small>Sri Lanka</small> : <small>Keny</small> : <small>Swed</small> : <small>Malay</small> : <small>Neth</small> : <small>Spa</small> : <small>Fran</small> : <small>Germ</small> : <small>Cana</small> : <small>UK</small> : <small>India</small> : <small>Isra</small> : <small>Hung</small> : <small>Indo</small> : <small>Nigeria</small> | |||
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A 2016 survey by the ] found similarly high support of same-sex marriage (63%) among 18–21-year-olds in an online survey of 18 countries around the world.<ref>{{Cite web|url=https://www.varkeyfoundation.org/media/4487/global-young-people-report-single-pages-new.pdf|title=What the world's young people think and feel.}}</ref><ref>{{Cite web|url=https://aifs.gov.au/research/family-matters/no-100/who-supports-equal-rights-same-sex-couples|title=Who supports equal rights for same-sex couples? |website=Australian Institute of Family Studies}}</ref><ref>{{Cite web |date=Jun 2, 2015 |title=Age is decisive factor when it comes to supporting same-sex marriage: LAPOP |url=https://news.vanderbilt.edu/2015/06/02/age-is-decisive-factor-when-it-comes-to-supporting-same-sex-marriage-lapop/ |access-date=2023-12-26 |website=Vanderbilt University |language=en-US}}</ref> | |||
===Religion=== | |||
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| group 1 = 82 : 81 : 77 : 77 : 74 : 74 : 73 : 73 : 71 : 59 : 54 : 54 : 53 : 53 : 50 : 47 : 33 : 16 | |||
*] | |||
| x legends = <small>Germ</small> : <small>Cana</small> : <small>Oz</small> : <small>UK</small> : <small>NZ</small> : <small>Fran</small> : <small>Ital</small> : <small>Arg</small> : <small>USA</small> : <small>Braz</small> : <small>Chin</small> : <small>S. Af.</small> : <small>India</small> : <small>Jpn</small> : <small>Isra</small> : <small>ROK</small> : <small>Turk</small> : <small>Nigeria</small> | |||
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(The sampling error is approx. 4% for Nigeria and 3% for the other countries. Because of legal constraints, the question on same-sex marriage was not asked in the survey countries of Russia and Indonesia.) | |||
===Historical=== | |||
*] (''"brother-making"'') | |||
*] | |||
{{Same-sex marriage opinion polls worldwide}} | |||
===Documentaries and literature=== | |||
*'']'' | |||
*'']'' | |||
*'']'' | |||
*'']'' | |||
*'']'' | |||
*'']'' | |||
*MTV's True Life: '']'' | |||
== |
== See also == | ||
{{Portal|LGBTQ|Human sexuality|Law}} | |||
{{Reflist|30em}} | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
{{clear}} | |||
==Notes== | |||
{{notelist|35em}} | |||
==References== | |||
{{reflist|colwidth=30em}} | |||
==Bibliography== | ==Bibliography== | ||
{{refbegin|30em}} | |||
<div class="references-small"> | |||
*{{Cite book|last=Boswell|first=John |
* {{Cite book |last=Boswell |first=John |title=The Marriage of Likeness: Same-sex Unions in Pre-modern Europe |publisher=Simon Harper and Collins |year=1995 |isbn=978-0-00-255508-1 |location=New York |author-link=John Boswell (historian)}} | ||
*{{Cite book|last=Boswell|first=John| |
* {{Cite book |last=Boswell |first=John |url=https://archive.org/details/samesexunionsinp00bosw |title=Same-sex Unions in Premodern Europe |publisher=Villard Books |year=1994 |isbn=978-0-679-43228-9 |location=New York |author-link=John Boswell}} | ||
* {{Cite book |last=Brownson |first=James V. |url=https://archive.org/details/biblegendersexua0000brow |title=Bible, Gender, Sexuality: Reforming the Church's Debate on Same-Sex Relationships |publisher=] |year=2013 |isbn=978-0-8028-6863-3 |url-access=registration}} | |||
*Emanuele Calò, Matrimonio à la carte — Matrimoni, convivenze registrate e divorzi dopo l'intervento comunitario, Milano, Giuffrè, 2009 | |||
*{{Cite book|last= |
* {{Cite book |last=Calò |first=Emanuele |title=Matrimonio à la carte — Matrimoni, convivenze registrate e divorzi dopo l'intervento comunitario |publisher=Giuffrè |year=2009 |location=Milano}} | ||
*{{Cite book|last= |
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*{{Cite book|last= |
* {{Cite book |last=Cere |first=Daniel |url=https://archive.org/details/divorcingmarriag0000unse |title=Divorcing Marriage: Unveiling the Dangers in Canada's New Social Experiment |publisher=McGill-Queen's University Press |year=2004 |isbn=978-0-7735-2895-6 |location=Montreal |author-link=Daniel Cere |url-access=registration}} | ||
*{{Cite book|last= |
* {{Cite book |last=Chauncey |first=George |url=https://archive.org/details/whymarriagehisto0000chau |title=Why Marriage?: The History Shaping Today's Debate over Gay Equality |publisher=Basic Books |year=2004 |isbn=978-0-465-00957-2 |location=New York |author-link=George Chauncey |url-access=registration}} | ||
*{{Cite book|last= |
* {{Cite book |last=Dobson |first=James C. |url=https://archive.org/details/marriageunderfir00dobs |title=Marriage Under Fire |publisher=Multnomah |year=2004 |isbn=978-1-59052-431-2 |location=Sisters, Or. |author-link=James Dobson}} | ||
* {{Cite book |title=The Meaning of Marriage: Family, State, Market, And Morals |publisher=Spence Publishing Company |year=2006 |isbn=978-1-890626-64-8 |editor-last=George |editor-first=Robert P. |location=Dallas |editor-last2=Elshtain |editor-first2=Jean Bethke |editor-link2=Jean Bethke Elshtain}} | |||
*{{Cite book|last=Moats|first=David|year=2004|title=Civil Wars: A Battle For Gay Marriage|publisher=Harcourt, Inc.|location=New York, NY|isbn=0-15-101017-X}} | |||
* {{Cite book |title=Our Families, Our Values: Snapshots of Queer Kinship |publisher=The Harrington Park Press, An Imprint of the Haworth Press, Inc. |year=2008 |isbn=978-1-56023-910-9 |editor-last=Goss |editor-first=Robert E. |editor-link=Robert Goss |location=New York, NY |editor-last2=Strongheart |editor-first2=Amy Adams Squire}} | |||
*{{Cite book|last=Rauch|first=Jonathan|authorlink=Jonathan Rauch|year=2004|title=Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America|publisher=Henry Holt and Company, LLC|location=New York, NY|isbn=0-8050-7815-0}} | |||
* {{Cite book |last1=Greenwich, Alex |title=Yes Yes Yes: Australia's Journey to Marriage Equality |last2=Robinson, Shirleene |publisher=NewSouth Books |year=2018 |isbn=9781742235998 |location=Australia}} | |||
*{{Cite book|last=Spedale|first=Darren|authorlink=Darren Spedale|year=2006|title=Gay Marriage: For Better or For Worse? What We've Learned From the Evidence|publisher=Oxford University Press|location=New York|isbn=0-19-518751-2}} | |||
*{{Cite book|last= |
* {{Cite book |last=Larocque |first=Sylvain |title=Gay Marriage: The Story of a Canadian Social Revolution |publisher=James Lorimer & Company |year=2006 |isbn=978-1-55028-927-5 |location=Toronto}} | ||
* {{Cite book |title=Same-Sex Marriage and Religious Liberty: Emerging Conflicts |publisher=Rowman & Littlefield Publishers, Inc. |year=2008 |isbn=978-0-7425-6326-1 |editor-last=Laycock |editor-first=Douglas |editor-link=Douglas Laycock |location=Lanham, MD |editor-last2=Picarello |editor-first2=Anthony Jr. |editor-last3=Wilson |editor-first3=Robin Fretwell}} | |||
*{{Cite book|last=Wolfson|first=Evan|authorlink=Evan Wolfson|year=2004|title=Why Marriage Matters: America, Equality, and Gay People's Right to Marry|publisher=Simon & Schuster|location=New York|isbn=0-7432-6459-2}} | |||
* {{Cite book |last=Moats |first=David |url=https://archive.org/details/civilwarsbattlef00moat |title=Civil Wars: A Battle For Gay Marriage |publisher=Harcourt, Inc. |year=2004 |isbn=978-0-15-101017-2 |location=New York, NY}} | |||
*{{Cite book|editor=Robert P. George, ] (Eds.)|year=2006|title=The Meaning of Marriage: Family, State, Market, And Morals|publisher=Spence Publishing Company|location=Dallas|isbn=1-890626-64-3}} | |||
* {{Cite book |last=Oliver |first=Marilyn Tower |url=https://books.google.com/books?id=XXIFAAAACAAJ |title=Gay and lesbian rights: a struggle |publisher=Enslow Publishers |year=1998 |isbn=978-0-89490-958-0 |access-date=28 October 2020 |archive-url=https://web.archive.org/web/20210204174006/https://books.google.com/books?id=XXIFAAAACAAJ |archive-date=4 February 2021 |url-status=live}} | |||
*{{Cite book|editor=Robert E. Goss, Amy Adams Squire Strongheart (Eds.)|year=2008|title=Our Families, Our Values: Snapshots of Queer Kinship|publisher=The Harrington Park Press, An Imprint of the Haworth Press, Inc.|location=New York, NY|isbn=1-56023-910-7}} | |||
* {{Cite book |last=Rauch |first=Jonathan |title=Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America |title-link=Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America |publisher=Henry Holt and Company, LLC |year=2004 |isbn=978-0-8050-7815-2 |location=New York, NY |author-link=Jonathan Rauch}} | |||
*{{Cite book|editor=Douglas Laycock, Anthony Picarello, Jr., Robin Fretwell Wilson (Eds.)|year=2008|title=Same-Sex Marriage and Religious Liberty: Emerging Conflicts|publisher=Rowman & Littlefield Publishers, Inc.|location=Lanham, MD|isbn=0-7425-6326-X}} | |||
*{{Cite book| |
* {{Cite book |last=Rugg, Sally |title=How Powerful We Are : Behind the scenes with one of Australia's leading activists |publisher=Hachette Australia |year=2019 |isbn=9780733642227 |location=Australia |oclc=1103918151}} | ||
* {{Cite book |last1=Smart |first1=Carol |title=Same sex marriages: new generations, new relationships. Genders and sexualities in the social sciences |last2=Heaphy |first2=Brian |last3=Einarsdottir |first3=Anna |publisher=Palgrave Macmillan |year=2013 |isbn=9780230300231 |location=Houndmills, Basingstoke, Hampshire}} | |||
*{{Cite book|last=Oliver |first=Marilyn Tower |year=1998 |title=Gay and lesbian rights: a struggle |publisher=Enslow Publishers |isbn=978-0-89490-958-0 |url=http://books.google.com/?id=XXIFAAAACAAJ}} | |||
* {{Cite book |last=Spedale |first=Darren |url=https://archive.org/details/gaymarriageforbe0000eskr |title=Gay Marriage: For Better or For Worse? What We've Learned From the Evidence |publisher=Oxford University Press |year=2006 |isbn=978-0-19-518751-9 |location=New York |author-link=Darren Spedale}} | |||
</div> | |||
* {{Cite book |title=Same-Sex Marriage: Pro and Con — A Reader, Revised Updated Edition |publisher=Vintage Books, a division of Random House, Inc. |year=2004 |isbn=978-1-4000-7866-0 |editor-last=Sullivan |editor-first=Andrew |editor-link=Andrew Sullivan |location=New York, NY}} | |||
* {{Cite book |last=Truluck |first=Rembert S. |title=Steps to Recovery from Bible Abuse |publisher=Chi Rho Press, Inc. |year=2000 |isbn=978-1-888493-16-0 |location=Gaithersburg, MD |author-link=Rembert S. Truluck}} | |||
* {{Cite book |last=Wolfson |first=Evan |url=https://archive.org/details/whymarriagematte00wolf |title=Why Marriage Matters: America, Equality, and Gay People's Right to Marry |publisher=Simon & Schuster |year=2004 |isbn=978-0-7432-6459-4 |location=New York |author-link=Evan Wolfson |url-access=registration}} | |||
{{refend}} | |||
==External links== | ==External links== | ||
{{sister project links|auto=yes}} | |||
{{Commons category|Same-sex marriage}} | |||
*{{DMOZ|Society/Gay,_Lesbian,_and_Bisexual/Law/Marriage_and_Domestic_Partnership}} | |||
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*, Emily Doskow, NOLO, 2008. | |||
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* A Selective Bibliography of the Legal Literature | |||
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Latest revision as of 06:19, 14 January 2025
Marriage of persons of the same sex or gender "Marriage equality" and "gay marriage" redirect here. For other uses, see marriage equality (disambiguation) and gay marriage (disambiguation).
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Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2025, marriage between same-sex couples is legally performed and recognized in 37 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdiction to legalize same-sex marriage is Liechtenstein. Thailand is set to begin performing same-sex marriages in January 2025.
Same-sex marriage is legally recognized in a large majority of the world's developed countries; notable exceptions are Italy, Japan, South Korea and the Czech Republic. Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia, restrict advocacy for same-sex marriage. A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself is criminalized.
There are records of marriage between men dating back to the first century. Michael McConnell and Jack Baker are the first same sex couple in modern recorded history known to obtain a marriage license, have their marriage solemnized, which occurred on September 3, 1971, in Minnesota, and have it legally recognized by any form of government. The first law providing for marriage equality between same-sex and opposite-sex couples was passed in the continental Netherlands in 2000 and took effect on 1 April 2001. The application of marriage law equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through referendums and initiatives. The most prominent supporters of same-sex marriage are the world's major medical and scientific communities, along with human rights and civil rights organizations, while its most prominent opponents are religious fundamentalist groups. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in many developing countries.
Scientific studies show that the financial, psychological, and physical well-being of gay people is enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. At the same time, no harm is done to the institution of marriage among heterosexuals. Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights. Opposition is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by scientific studies, which show that homosexuality is a natural and normal variation in human sexuality, that sexual orientation is not a choice, and that children of same-sex couples fare just as well as the children of opposite-sex couples.
Terminology
Alternative terms
Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), Canadians for Equal Marriage, and Marriage for All Japan - used the terms marriage equality and equal marriage to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage. The Associated Press recommends the use of same-sex marriage over gay marriage. In deciding whether to use the term gay marriage, it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term gay marriage is sometimes considered erasure of such people.
Use of the term marriage
Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of the social construct across cultures around the world. Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 African peoples, such as the Kikuyu and Nuer.
With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions. The Oxford English Dictionary has recognized same-sex marriage since 2000.
Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as the Church of Jesus Christ of Latter-day Saints, the Catholic Church, and the Southern Baptist Convention, use the term traditional marriage to mean opposite-sex marriage.
History
Main article: History of same-sex unions For a chronological guide, see Timeline of same-sex marriage. For broader coverage of this topic, see History of homosexuality.Ancient
Further information: Homosexuality in ancient RomeA reference to marriage between same-sex couples appears in the Sifra, which was written in the 3rd century CE. The Book of Leviticus prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men."
A few scholars believe that in the early Roman Empire some male couples were celebrating traditional marriage rites in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded. Various ancient sources state that the emperor Nero celebrated two public weddings with males, once taking the role of the bride (with a freedman Pythagoras), and once the groom (with Sporus); there may have been a third in which he was the bride. In the early 3rd century AD, the emperor Elagabalus is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of the emperor. Roman law did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially. As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear.
Contemporary
Michael McConnell and Jack Baker are the first same sex couple in modern recorded history known to obtain a marriage license, have their marriage solemnized, which occurred on September 3, 1971, in Minnesota, and have it legally recognized by any form of government. Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in the United States, the AIDS epidemic led to increased attention on the legal aspects of same-sex relationships. Andrew Sullivan made the first case for same sex marriage in a major American journal in 1989, published in The New Republic.
In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child". In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples. Since then, same-sex marriage has been established by law in 34 other countries, including most of the Americas and Western Europe. Yet its spread has been uneven — South Africa is the only country in Africa to take the step; Taiwan and Thailand are the only ones in Asia.
Timeline
Main article: Timeline of same-sex marriageThe summary table below lists in chronological order the sovereign states (the United Nations member states and Taiwan) that have legalized same-sex marriage. As of 2025, 37 states have legalized in some capacity.
Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority.
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Same-sex marriage around the world
Main articles: Legal status of same-sex marriage, Same-sex union legislation, and Recognition of same-sex unions by countrySame-sex marriage is legally performed and recognized in 37 countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel.
Same-sex marriage will begin to be performed by Thailand in January 2025, and is under consideration by the legislature or the courts in El Salvador, Italy, Japan, Nepal, and Venezuela.
Civil unions are being considered in a number of countries, including Kosovo, Peru, and Poland.
On 12 March 2015, the European Parliament passed a non-binding resolution encouraging EU institutions and member states to " on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue".
In response to the international spread of same-sex marriage, a number of countries have enacted preventative constitutional bans, with the most recent being Mali in 2023, and Gabon in 2024. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman.
International court rulings
European Court of Human Rights
In 2010, the European Court of Human Rights (ECHR) ruled in Schalk and Kopf v Austria, a case involving an Austrian same-sex couple who were denied the right to marry. The court found, by a vote of 4 to 3, that their human rights had not been violated. The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination").
Article 12 of the European Convention on Human Rights states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right", not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone". Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. Andersen v Poland. In 2021, the court ruled in Fedotova and Others v. Russia—followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage.
European Union
Further information: Coman and Others v General Inspectorate for Immigration and Ministry of the InteriorOn 5 June 2018, the European Court of Justice ruled, in a case from Romania, that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage. However, the ruling was not implemented in Romania and on 14 September 2021 the European Parliament passed a resolution calling on the European Commission to ensure that the ruling is respected across the EU.
Inter-American Court of Human Rights
On 8 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation is brought in. They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as civil unions) instead of same-sex marriage.
Other arrangements
Civil unions
Main article: Civil unionCivil union, civil partnership, domestic partnership, registered partnership, unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of 19 January 2025, countries that have an alternative form of legal recognition other than marriage on a national level are: Bolivia, Croatia, Cyprus, the Czech Republic, Hungary, Italy, Latvia, Monaco, Montenegro and San Marino. Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel. Poland offers more limited rights. Additionally, various cities and counties in Cambodia and Japan offer same-sex couples varying levels of benefits, which include hospital visitation rights and others.
Additionally, nineteen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: Argentina, Australia, Austria, Belgium, Brazil, Chile, Colombia, Ecuador, France, Greece, Liechtenstein, Luxembourg, Malta, the Netherlands, Portugal, South Africa, Spain, the United Kingdom and Uruguay.
They are also available in parts of the United States (Arizona, California, Colorado, Hawaii, Illinois, New Jersey, Nevada and Oregon) and Canada.
Non-sexual same-sex marriage
Kenya
Main article: LGBT rights in KenyaFemale same-sex marriage is practiced among the Gikuyu, Nandi, Kamba, Kipsigis, and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family.
Nigeria
Main article: Recognition of same-sex unions in NigeriaAmong the Igbo people and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage.
Studies
The American Anthropological Association stated on 26 February 2004:
The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies.
Research findings from 1998 to 2015 from the University of Virginia, Michigan State University, Florida State University, the University of Amsterdam, the New York State Psychiatric Institute, Stanford University, the University of California-San Francisco, the University of California-Los Angeles, Tufts University, Boston Medical Center, the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support the findings of this study.
The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors. The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On the health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities.
Health
As of 2006, the data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Studies in the United States have correlated legalization of same-sex marriage to lower rates of HIV infection, psychiatric disorders, and suicide rate in the LGBT population.
Issues
See also: LGBT rights oppositionWhile few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father. Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.
Parenting
Main articles: LGBT parenting and Same-sex marriage and the familyScientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers.
Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents. According to scientific literature reviews, there is no evidence to the contrary.
Compared to heterosexual couples, same-sex couples have a greater need for adoption or assisted reproductive technology to become parents. Lesbian couples often use artificial insemination to achieve pregnancy, and reciprocal in vitro fertilization (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. Surrogacy is an option for wealthier gay male couples, but the cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships.
Adoption
Main article: LGBT adoptionAll states that allow same-sex marriage also allow the joint adoption of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely the Czech Republic and San Marino.
Transgender and intersex people
This article or section possibly contains synthesis of material that does not verifiably mention or relate to the main topic. Relevant discussion may be found on the talk page. (May 2017) (Learn how and when to remove this message) |
The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are transgender, depending on how sex is defined within a jurisdiction. Transgender and intersex individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity.
In the United Kingdom, the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate, and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006. In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but was phased out in 2013. In the United States, transgender and intersex marriages was subject to legal complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, as some of them prohibit legal changes of gender.
Divorce
Main article: Divorce of same-sex couplesIn the United States before the case of Obergefell v. Hodges, couples in same-sex marriages could only obtain a divorce in jurisdictions that recognized same-sex marriages, with some exceptions.
Judicial and legislative
Main article: Conflict of marriage laws § Same-sex marriageThere are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "majority rules" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.
In contrast, a civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.
Public opinion
See also: Public opinion of same-sex marriage in the United States and Public opinion of same-sex marriage in AustraliaNumerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of the world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world.
Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.
- Greater support with youth
Pew Research polling results from 32 countries found 21 with statistically higher support for same-sex marriage among those under 35 than among those over 35 in 2022–2023. Countries with the greatest absolute difference are placed to the left in the following chart. Countries without a significant generational difference are placed to the right.
10 20 30 40 50 60 70 80 90 100 Taiw Mex Sing ROK HK Gre Pol Viet Thai Jpn Cam Braz USA Arg Ital Oz S. Af. Sri Lanka Keny Swed Malay Neth Spa Fran Germ Cana UK India Isra Hung Indo Nigeria- over 35
- additional support from those under 35
A 2016 survey by the Varkey Foundation found similarly high support of same-sex marriage (63%) among 18–21-year-olds in an online survey of 18 countries around the world.
10 20 30 40 50 60 70 80 90 Germ Cana Oz UK NZ Fran Ital Arg USA Braz Chin S. Af. India Jpn Isra ROK Turk Nigeria(The sampling error is approx. 4% for Nigeria and 3% for the other countries. Because of legal constraints, the question on same-sex marriage was not asked in the survey countries of Russia and Indonesia.)
- Opinion polls for same-sex marriage by country
Country | Pollster | Year | For | Against | Neither | Margin of error |
Ref. |
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Albania | IPSOS | 2023 | 26% |
73% (74%) |
1% | ||
Andorra | Institut d'Estudis Andorrans | 2013 | 70% (79%) |
19% (21%) |
11% | ||
Antigua and Barbuda | AmericasBarometer | 2017 | 12% | – | – | ||
Argentina | Ipsos | 2024 | 69% (81%) |
16% (19%) |
15% not sure | ±5% | |
Pew Research Center | 2023 | 67% (72%) |
26% (28%) |
7% | ±3.6% | ||
Armenia | Pew Research Center | 2015 | 3% (3%) |
96% (97%) |
1% | ±3% | |
Aruba | 2021 | 46% |
|||||
Australia | Ipsos | 2024 | 64% (73%) |
25% (28%) |
12% not sure | ±3.5% | |
Pew Research Center | 2023 | 75% (77%) |
23% | 2% | ±3.6% | ||
Austria | Eurobarometer | 2023 | 65% (68%) |
30% (32%) |
5% | ||
Bahamas | AmericasBarometer | 2015 | 11% | – | – | ||
Belarus | Pew Research Center | 2015 | 16% (16%) |
81% (84%) |
3% | ±4% | |
Belgium | Ipsos | 2024 | 69% (78%) |
19% (22%) |
12% not sure | ±5% | |
Eurobarometer | 2023 | 79% | 19% | 2% not sure | |||
Belize | AmericasBarometer | 2014 | 8% | – | – | ||
Bolivia | AmericasBarometer | 2017 | 35% | 65% | – | ±1.0% | |
Bosnia and Herzegovina | IPSOS | 2023 | 26% (27%) |
71% (73%) |
3% | ||
Brazil | Ipsos (more urban/educated than representative) | 2024 | 51% (62%) |
31% (38%) |
18% not sure | ±3.5% | |
Pew Research Center | 2023 | 52% (57%) |
40% (43%) |
8% | ±3.6% | ||
Bulgaria | Eurobarometer | 2023 | 17% (18%) |
75% (82%) |
8% | ||
Cambodia | Pew Research Center | 2023 | 57% (58%) |
42% | 1% | ||
Canada | Ipsos | 2024 | 65% (75%) |
22% (25%) |
13% not sure | ±3.5% | |
Pew Research Center | 2023 | 79% (84%) |
15% (16%) |
6% | ±3.6% | ||
Chile | Cadem | 2024 | 77% (82%) |
22% (18%) |
2% | ±3.6% | |
China | Ipsos (more urban/educated than representative) | 2021 | 43% (52%) |
39% (48%) |
18% not sure | ±3.5% | |
Colombia | Ipsos (more urban/educated than representative) | 2024 | 46% (58%) |
33% (42%) |
21% | ±5% | |
Costa Rica | CIEP | 2018 | 35% | 64% | 1% | ||
Croatia | Eurobarometer | 2023 | 42% (45%) |
51% (55%) |
7% | ||
Cuba | Apretaste | 2019 | 63% | 37% | – | ||
Cyprus | Eurobarometer | 2023 | 50% (53%) |
44% (47%) |
6% | ||
Czech Republic | Eurobarometer | 2023 | 60% | 34% | 6% | ||
Denmark | Eurobarometer | 2023 | 93% | 5% | 2% | ||
Dominica | AmericasBarometer | 2017 | 10% | 90% | – | ±1.1% | |
Dominican Republic | CDN 37 | 2018 | 45% | 55% | - | ||
Ecuador | AmericasBarometer | 2019 | 23% (31%) |
51% (69%) |
26% | ||
El Salvador | Universidad Francisco Gavidia | 2021 | 82.5% | – | |||
Estonia | Eurobarometer | 2023 | 41% (45%) |
51% (55%) |
8% | ||
Finland | Eurobarometer | 2023 | 76% (81%) |
18% (19%) |
6% | ||
France | Ipsos | 2024 | 62% (70%) |
26% (30%) |
12% not sure | ±3.5% | |
Pew Research Center | 2023 | 82% (85%) |
14% (15%) |
4% | ±3.6% | ||
Eurobarometer | 2023 | 79% (85%) |
14 (%) (15%) |
7% | |||
Georgia | Women's Initiatives Supporting Group | 2021 | 10% (12%) |
75% (88%) |
15% | ||
Germany | Ipsos | 2024 | 73% (83%) |
18% (20%) |
12% not sure | ±3.5% | |
Pew Research Center | 2023 | 80% (82%) |
18% | 2% | ±3.6% | ||
Eurobarometer | 2023 | 84% (87%) |
13%< | 3% | |||
Greece | Pew Research Center | 2023 | 48% (49%) |
49% (51%) |
3% | ±3.6% | |
Eurobarometer | 2023 | 57% (59%) |
40% (41%) |
3% | |||
Grenada | AmericasBarometer | 2017 | 12% | 88% | – | ±1.4%c | |
Guatemala | AmericasBarometer | 2017 | 23% | 77% | – | ±1.1% | |
Guyana | AmericasBarometer | 2017 | 21% | 79% | – | ±1.3% | |
Haiti | AmericasBarometer | 2017 | 5% | 95% | – | ±0.3% | |
Honduras | CID Gallup | 2018 | 17% (18%) |
75% (82%) |
8% | ||
Hong Kong | Pew Research Center | 2023 | 58% (59%) |
40% (41%) |
2% | ||
Hungary | Ipsos | 2024 | 44% (56%) |
35% (44%) |
21% not sure | ±5% | |
Pew Research Center | 2023 | 31% (33%) |
64% (67%) |
5% | ±3.6% | ||
Eurobarometer | 2023 | 42% (45%) |
52% (55%) |
6% | |||
Iceland | Gallup | 2006 | 89% | 11% | – | ||
India | Pew Research Center | 2023 | 53% (55%) |
43% (45%) |
4% | ±3.6% | |
Indonesia | Pew Research Center | 2023 | 5% | 92% (95%) |
3% | ±3.6% | |
Ireland | Ipsos (more urban/educated than representative) | 2024 | 68% (76%) |
21% (23%) |
10% | ±5% | |
Eurobarometer | 2023 | 86% (91%) |
9% | 5% | |||
Israel | Pew Research Center | 2023 | 36% (39%) |
56% (61%) |
8% | ±3.6% | |
Italy | Ipsos | 2024 | 58% (66%) |
29% (33%) |
12% not sure | ±3.5% | |
Pew Research Center | 2023 | 73% (75%) |
25% | 2% | ±3.6% | ||
Eurobarometer | 2023 | 69% (72%) |
27% (28%) |
4% | |||
Jamaica | AmericasBarometer | 2017 | 16% | 84% | – | ±1.0% | |
Japan | Kyodo News | 2023 | 64% (72%) |
25% (28%) |
11% | ||
Asahi Shimbun | 2023 | 72% (80%) |
18% (20%) |
10% | |||
Ipsos | 2024 | 42% (54%) |
31% (40%) |
22% not sure | ±3.5% | ||
Pew Research Center | 2023 | 68% (72%) |
26% (28%) |
6% | ±2.75% | ||
Kazakhstan | Pew Research Center | 2016 | 7% (7%) |
89% (93%) |
4% | ||
Kenya | Pew Research Center | 2023 | 9% | 90% (91%) |
1% | ±3.6% | |
Kosovo | IPSOS | 2023 | 20% (21%) |
77% (79%) |
3% | ||
Latvia | Eurobarometer | 2023 | 36% | 59% | 5% | ||
Liechtenstein | Liechtenstein Institut | 2021 | 72% | 28% | 0% | ||
Lithuania | Eurobarometer | 2023 | 39% | 55% | 6% | ||
Luxembourg | Eurobarometer | 2023 | 84% | 13% | 3% | ||
Pew Research Center | 2023 | 17% | 82% (83%) |
1% | |||
Malta | Eurobarometer | 2023 | 74% | 24% | 2% | ||
Mexico | Ipsos (more urban/educated than representative) | 2024 | 55% | 29% | 17% not sure | ±3.5% | |
Pew Research Center | 2023 | 63% (66%) |
32% (34%) |
5% | ±3.6% | ||
Moldova | Europa Libera Moldova | 2022 | 14% | 86% | |||
Montenegro | IPSOS | 2023 | 36% (37%) |
61% (63%) |
3% | ||
Mozambique (3 cities) | Lambda | 2017 | 28% (32%) |
60% (68%) |
12% | ||
Netherlands | Ipsos | 2024 | 77% | 15% | 8% not sure | ±5% | |
Pew Research Center | 2023 | 89% (90%) |
10% | 1% | ±3.6% | ||
Eurobarometer | 2023 | 94% | 5% | 2% | |||
New Zealand | Ipsos | 2023 | 70% (78%) |
20% (22%) |
9% | ±3.5% | |
Nicaragua | AmericasBarometer | 2017 | 25% | 75% | – | ±1.0% | |
Nigeria | Pew Research Center | 2023 | 2% | 97% (98%) |
1% | ±3.6% | |
North Macedonia | IPSOS | 2023 | 20% (21%) |
78% (80%) |
2% | ||
Norway | Pew Research Center | 2017 | 72% (79%) |
19% (21%) |
9% | ||
Panama | AmericasBarometer | 2017 | 22% | 78% | – | ±1.1% | |
Paraguay | AmericasBarometer | 2017 | 26% | 74% | – | ±0.9% | |
Peru | Ipsos (more urban/educated than representative) | 2024 | 36% |
44% | 20% | ±5% | |
Philippines | SWS | 2018 | 22% (26%) |
61% (73%) |
16% | ||
Poland | Ipsos | 2024 | 51% (54%) |
43% (46%) |
6% | ||
Pew Research Center | 2023 | 41% (43%) |
54% (57%) |
5% | ±3.6% | ||
United Surveys by IBRiS | 2024 | 50% (55%) |
41% (45%) |
9% | |||
Eurobarometer | 2023 | 50% | 45% | 5% | |||
Portugal | Ipsos | 2023 | 80% (84%) |
15% (16%) |
5% | ||
Eurobarometer | 2023 | 81% | 14% | 5% | |||
Romania | Ipsos | 2023 | 25% (30%) |
59% (70%) |
17% | ±3.5% | |
Eurobarometer | 2023 | 25% | 69% | 6% | |||
Russia | Ipsos (more urban/educated than representative) | 2021 | 17% (21%) |
64% (79%) |
20% not sure | ±4.8% | |
FOM | 2019 | 7% (8%) |
85% (92%) |
8% | ±3.6% | ||
Saint Kitts and Nevis | AmericasBarometer | 2017 | 9% | 91% | – | ±1.0% | |
Saint Lucia | AmericasBarometer | 2017 | 11% | 89% | – | ±0.9% | |
Saint Vincent and the Grenadines | AmericasBarometer | 2017 | 4% | 96% | – | ±0.6% | |
Serbia | IPSOS | 2023 | 24% (25%) |
73% (75%) |
3% | ||
Singapore | Ipsos (more urban/educated than representative) | 2024 | 33% | 46% | 21% | ±5% | |
Pew Research Center | 2023 | 45% (47%) |
51% (53%) |
4% | |||
Slovakia | Focus | 2024 | 36% (38%) |
60% (62%) |
4% | ||
Eurobarometer | 2023 | 37% | 56% | 7% | |||
Slovenia | Eurobarometer | 2023 | 62% (64%) |
37% (36%) |
2% | ||
South Africa | Ipsos (more urban/educated than representative) | 2024 | 53% | 32% | 13% | ±5% | |
Pew Research Center | 2023 | 38% (39%) |
59% (61%) |
3% | ±3.6% | ||
South Korea | Ipsos | 2024 | 36% | 37% | 27% not sure | ±5% | |
Pew Research Center | 2023 | 41% (42%) |
56% (58%) |
3% | |||
Spain | Ipsos | 2024 | 73% (80%) |
19% (21%) |
9% not sure | ±3.5% | |
Pew Research Center | 2023 | 87% (90%) |
10% | 3% | ±3.6% | ||
Eurobarometer | 2023 | 88% (91%) |
9% (10%) |
3% | |||
Sri Lanka | Pew Research Center | 2023 | 23% (25%) |
69% (75%) |
8% | ||
Suriname | AmericasBarometer | 2014 | 18% | – | – | ||
Sweden | Ipsos | 2024 | 78% (84%) |
15% (16%) |
7% not sure | ±5% | |
Pew Research Center | 2023 | 92% (94%) |
6% | 2% | ±3.6% | ||
Eurobarometer | 2023 | 94% | 5% | 1% | |||
Switzerland | Ipsos | 2023 | 54% (61%) |
34% (39%) |
13% not sure | ±3.5% | |
Taiwan | CNA | 2023 | 63% | 37% | |||
Pew Research Center | 2023 | 45% (51%) |
43% (49%) |
12% | |||
Thailand | Ipsos (more urban/educated than representative) | 2024 | 58% | 29% | 12% not sure | ±5% | |
Pew Research Center | 2023 | 60% (65%) |
32% (35%) |
8% | |||
Trinidad and Tobago | AmericasBarometer | 2014 | 16% | – | – | ||
Turkey | Ipsos (more urban/educated than representative) | 2024 | 18% (26%) |
52% (74%) |
30% not sure | ±5% | |
Ukraine | Rating | 2023 | 37% (47%) |
42% (53%) |
22% | ±1.5% | |
United Kingdom | YouGov | 2023 | 77% (84%) |
15% (16%) |
8% | ||
Ipsos | 2024 | 66% (73%) |
24% (27%) |
10% not sure | ±3.5% | ||
Pew Research Center | 2023 | 74% (77%) |
22% (23%) |
4% | ±3.6% | ||
United States | Ipsos | 2024 | 51% (62%) |
32% (39%) |
18% not sure | ±3.5% | |
Pew Research Center | 2023 | 63% (65%) |
34% (35%) |
3% | ±3.6% | ||
Uruguay | LatinoBarómetro | 2023 | 78% (80%) |
20% | 2% | ||
Venezuela | Equilibrium Cende | 2023 | 55% (63%) |
32% (37%) |
13% | ||
Vietnam | Pew Research Center | 2023 | 65% (68%) |
30% (32%) |
5% |
See also
- LGBT rights by country or territory
- List of same-sex married couples
- Religion and sexuality
- Legal status of same-sex marriage
- Societal attitudes toward homosexuality
Notes
- Same-sex marriage is performed and recognized by law in continental Australia and in the non-self-governing possessions of Norfolk Island, Christmas Island and the Cocos Islands, which follow Australian law.
- Same-sex marriage is performed and recognized by law in continental Denmark, the Faroe Islands and Greenland, which together make up the Realm of Denmark.
- Same-sex marriage is performed and recognized throughout Ecuador, but such couples are not considered married for purposes of adoption and may not adopt children.
- Same-sex marriage is performed and recognized by law in metropolitan France and in all French overseas regions and possessions, which follow a single legal code.
- Same-sex marriage is available in all jurisdictions, though the process is not everywhere as straightforward as it is for opposite-sex marriage and does not always include adoption rights.
- Same-sex marriage is performed and recognized by law in the continental Netherlands, the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, and the constituent countries of Aruba and Curaçao, but not yet in Sint Maarten.
- Same-sex marriage is performed and recognized by law in New Zealand proper, but not in its possession of Tokelau, nor in the Cook Islands and Niue, which make up the Realm of New Zealand.
- Same-sex marriage is performed and recognized by law in all parts of the United Kingdom and in its non-Caribbean possessions, but not in its Caribbean possessions, namely Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands.
- Same-sex marriage is performed and recognized by law in all fifty states of the US and in the District of Columbia, in all overseas territories except American Samoa (recognition only), and in all tribal nations that do not have their own marriage laws, as well as in most nations that do. The largest of the dozen or so known exceptions among the federal reservations are Navajo and Gila River, and the largest among the shared-sovereignty Oklahoma Tribal Statistical Areas are the Creek and Citizen Potawatomi. These polities ban same-sex marriage and do not recognize marriages from other jurisdictions, though members may still marry under state law and be accorded all the rights of marriage under state and federal law.
- Nepal is waiting for a final decision by its supreme court, but meanwhile all local governments are ordered to temporarily register same-sex marriages in a separate record. In April 2024 the National ID and Civil Registration Department issued a circular to all local governments that they register such marriages. However, simply being registered does not grant same-sex couples the legal rights of marriage, and registered same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions, adopt children etc.
- Legally available in the Arizona municipalities of Bisbee, Clarkdale, Cottonwood, Jerome, Sedona and Tucson.
- Dale Carpenter is a prominent spokesman for this view. For a better understanding of this view, see Carpenter's writings at "Dale Carpenter". Independent Gay Forum. Archived from the original on 17 November 2006. Retrieved 31 October 2006.
- ^ Because some polls do not report 'neither', those that do are listed with simple yes/no percentages in parentheses, so their figures can be compared.
- Comprises: Neutral; Don't know; No answer; Other; Refused.
- ^
References
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- Williams, CA., Roman Homosexuality: Second Edition, Oxford University Press, 2009, p. 280, p. 284.
- ^ Padnani, Amisha; Fang, Celina (26 June 2015). "Same-Sex Marriage: Landmark Decisions and Precedents". The New York Times.
- ^ Baume, Matt (1 March 2019). "Meet the Gay Men Whose 1971 Marriage Was Finally Recognized". The Advocate.
- ^ StoryCorps Archive (September 12, 2017). "Michael McConnell, Jack Baker, and Lisa Vecoli".
- Michael McConnell (75) and husband Jack Baker (75) talk with friend Lisa Vecoli (55) about having the first same-sex marriage legally recognized by a U.S. civil government in 1971, why they chose to get married, and what the response to their marriage was like.
- JB describes the decades-long (46-year) process from the denial of their marriage license in 1971 until a second request that same year in Blue Earth County, Minnesota, was "declared to be in all respects valid" by Order of Gregory J. Anderson, Judge of District Court.
- ^ Newsletter, "Hidden Treasures from the Stacks", The National Archives at Kansas City, p. 6 (September 2013).
- ^ Source: Blue Earth County
- Certificate 434960: Minnesota Official Marriage System
- Applicants: James Michael McConnell and Pat Lyn McConnell
- Date of Marriage: September 3, 1971
- Certified Copy: Marriage Certificate
- ^ "The September 3, 1971 marriage of James Michael McConnell and Pat Lyn McConnell, a/k/a Richard John Baker, has never been dissolved or annulled by judicial decree and no grounds currently exist on which to invalidate the marriage."
- Sources: CONCLUSIONS OF LAW by Assistant Chief Judge Gregory Anderson, Fifth Judicial District, (page 4);
- Copy: Minnesota Judicial Branch, File Number 07-CV-16-4559, "Findings of Fact, Conclusions of Law and Order for Partial Summary Judgment" from Blue Earth County District Court in re James Michael McConnell et al. v. Blue Earth County et al. (September 18, 2018);
- Available online from U of M Libraries;
- McConnell Files, "America’s First Gay Marriage" (binder #4), Tretter Collection in GLBT Studies, U of M Libraries.
- ^ Michael McConnell, with Jack Baker, as told to Gail Langer Karwoski, "The Wedding Heard Heard 'Round the World: America's First Gay Marriage Archived August 26, 2015, at the Wayback Machine". University of Minnesota Press (2016). Reprint, "With A New Epilogue" (2020).
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he APA says that sexual orientation is not a choice . (American Psychological Association, 2010).
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- American Medical Association; American Academy of Pediatrics; American Psychological Association; American Psychiatric Association; American Association for Marriage and Family Therapy; National Association of Social Workers; American Psychoanalytic Association; American Academy of Family Physicians; et al. "Brief of [medical organizations] as Amici Curiae in Support of Petitioners" (PDF). supremecourt.gov. Archived from the original (PDF) on 12 April 2019. Retrieved 5 April 2018.
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In fact, growing up with parents who are lesbian or gay may confer some advantages to children.
- ^ "Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)" (PDF). Archived (PDF) from the original on 13 April 2015. Retrieved 5 November 2010.
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- Molly Ball, 2024 May 13, Wall Street Journal, How 20 Years of Same-Sex Marriage Changed America
- Multiple sources:
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- "Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)" (PDF). Archived (PDF) from the original on 13 April 2015. Retrieved 5 November 2010.
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- Pawelski JG, Perrin EC, Foy JM, et al. (July 2006). "The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children". Pediatrics. 118 (1): 349–64. doi:10.1542/peds.2006-1279. ISSN 0031-4005. PMID 16818585. S2CID 219194821.
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On July 24, 2011 the Marriage Equality Act became a law in New York State forever changing the state's legal view of what a married couple is.
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He noted to HuffPo that he not only has a lesbian half-sister, LGBT rights activist Candace Gingrich, but has gay friends who've gotten married in Iowa, where their unions are legal. Public opinion has shifted in favor of marriage equality, he said, and the Republican Party could end up on the wrong side of history if it continues to go against the tide.
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