Part of the LGBT rights series |
![]() |
Armenia does not recognize same-sex marriage or civil unions. The legal status of foreign same-sex marriages is unclear. On 3 July 2017, the Ministry of Justice reportedly stated that all marriages performed abroad are valid in Armenia, including marriages between people of the same sex. Article 143 of the Armenian Family Code states that Armenia recognizes foreign marriages as long as they conform with the legality of the territory where they were performed and contains no explicit prohibition of same-sex marriages. On the other hand, article 152 restricts the application of foreign law incompatible with the domestic public order. As of 2023, no instances of foreign same-sex marriage registrations are known. In 2019, Minister of Justice Rustam Badasyan said that the government does not recognize same-sex marriages. [1] [2] [3] [4]
Following a 2015 referendum, the Constitution of Armenia has generally been believed to limit marriage to opposite-sex couples, although the Constitutional Court has never confirmed or rejected this interpretation. [5] [6]
Same-sex marriage (Armenian : Նույնասեռ ամուսնություն, nuynaseṙ amusnutʿyun, pronounced [nujnɑˈsɛr,-sɛɾɑmusnuˈtʰjun,-tʰʏn] ) is not legal in Armenia and there is little public debate surrounding the issue. The Government of Armenia has close ties with the Armenian Apostolic Church, which opposes same-sex marriage. In August 2019, the Minister of Justice, Rustam Badasyan, said that Armenia does not recognize same-sex marriages "despite Armenia signing the Istanbul Convention". However, Badasyan also stated that same-sex cohabitation is permitted and that violence against any person is "unacceptable". [7] [8] [9] Civil unions, which would offer some of the rights and benefits of marriage, are also not recognized. However, Armenia is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex unions. Article 8 of the European Convention on Human Rights, which guarantees a right to private and family life, places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships. [10] [11]
In 2006, a same-sex couple celebrated an informal wedding ceremony at the Etchmiadzin Cathedral in Vagharshapat. [12] [13] An article published about this improvised marriage in the "168 Zham" (168 Hours) newspaper provoked a scandal and indignation of local conservative media outlets, politicians and religious officials. [14]
In December 2017, Father Vazken Movsesian, serving in the Diocese of the West of the Apostolic Church, based in California, expressed his personal support for same-sex marriage, becoming one of the most high-profile supporters of same-sex marriage in the church. In an interview with Equality Armenia, Movsesian likened the historic persecution of Armenians by Turkey to the persecution faced by LGBT people. "We've been persecuted because we were not accepted, because we were different. As an Armenian Christian, how can I possibly close my eyes to what's going on in the world? And it's not just in Armenia, just everywhere, this intolerance.", he said. [4]
Article 10 of the Family Code, adopted in 2004, states that marriage requires "the mutual voluntary consent of a man and a woman". Article 11, which lists several outlawed marriages (including bigamy, marriages between close relatives and marriages between adopters and adopted), does not contain explicit prohibitions on marriages between people of the same sex. [15]
On 18 October 2017, Deputy Tigran Urikhanyan of the Prosperous Armenia party proposed a bill to introduce an explicit ban on same-sex marriages in the Family Code. [16] On 15 November 2018, the Armenian Government expressed its opposition to the bill, stating that the Family Code already prohibits the recognition of same-sex marriages. "Armenia's Constitution already defines that marriage is possible only between woman and man. Besides, according to Family Code marriage is possible in case of reciprocal consent of a man and a woman and in case they are 18 years old [ sic ]", said Arsen Manukyan, Deputy Minister of Labor and Social Affairs. [17] [18] [19] The National Assembly rejected the bill in November 2019, labelling it "redundant", while also rejecting a bill which would have explicitly banned adoption by same-sex couples. [20]
The Constitution of Armenia was amended in a referendum in 2015 to read: [21] [5]
Article 35. Freedom to Marry
1. A woman and a man having attained the marriageable age shall have the right to marry and form a family with free expression of their will. The marriageable age and the procedure for marriage and divorce shall be prescribed by law.
2. A woman and a man are entitled to equal rights as to marriage, during marriage and at its dissolution.3. Freedom to marry may be restricted only by law with the aim of protecting health and morals.
Many politicians have stated that the constitutional wording bans same-sex marriage. [22] [23] On the other hand, members of the Venice Commission, when analyzing the draft constitution, said that the wording "should not be interpreted as a legal obstacle to the recognition of same-sex marriages". Argam Stepanyan, the head of the Civil Status Acts Registration Agency, a division of the Ministry of Justice, later said in an interview that there is no constitutional prohibition on same-sex marriage in Armenia. [24] Several politicians and human rights activists have said that the wording "notes" the right of a man and a woman to marry, but does not explicitly state that marriage is between a man and a woman. [25]
On 3 July 2017, the Ministry of Justice reportedly stated that all marriages performed abroad are valid in Armenia, including marriages between people of the same sex. According to the Family Code, marriages between Armenian citizens and those between Armenian citizens and foreigners or stateless persons, which have been registered outside Armenia, are valid inside the country after consular legalization. The code makes no reference to the sexes of the married spouses and stipulates that marriages registered in another country, which are in line with that particular state's legislation, are valid in Armenia as long as they are also compliant with the Armenian public order. [3] [26] [4] [27] As of 2023, the Statistical Committee of Armenia has not documented a single case of recognition of a foreign same-sex marriage. [28] It is not known if recognition would give such couples all the rights of marriage under domestic law.
A 2017 poll from the Pew Research Center showed that 91% of Armenians favored the Apostolic Church's position of not performing same-sex marriages, while 4% disagreed. [29]
Proposition 22 was a law enacted by California voters in March 2000 stating that marriage was between one man and one woman. In November 2008, Proposition 8 was also passed by voters, again only allowing marriage between one man and one woman.
Romania does not allow same-sex marriage or civil unions. In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.
Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Venezuela, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Also, same-sex marriage and de facto unions are constitutionally banned since 1999.
Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.
Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
The Amendment 774 of 2006, also known as Alabama Sanctity of Marriage Amendment, is an amendment to the Alabama Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The legislature passed Alabama Act 2005-35, which placed this amendment on the election ballot. The referendum was approved by 81% of the voters.
Constitutional Amendment 3 of 2004, is an amendment to the Arkansas Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.
Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.
Russia does not recognize same-sex marriage or civil unions for same-sex couples. Since 2020, the Russian Constitution has explicitly outlawed same-sex marriage. Statutory Russian laws also contain provisions forbidding same-sex marriages.
Same-sex unions have been recognised in the microstate of Monaco since 27 June 2020. On 4 December 2019, the National Council passed a bill establishing cohabitation agreements, offering both same-sex and opposite-sex couples limited rights and benefits in the areas of inheritance and property. The law took effect on 27 June.
Ukraine does not recognize same-sex marriage or civil unions. The Constitution of Ukraine defines marriage as between "a woman and a man". The issue of legal recognition for same-sex couples has become particularly acute after the start of Ukraine's accession to the European Union in 2022 and the Russian large-scale invasion of Ukraine during the Russo-Ukrainian War.
Lesbian, gay, bisexual, and transgender (LGBT) people in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights.
The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.
Citizens for Equal Protection v. Bruning, 455 F.3d 859, was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit. It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.
Same-sex unions are currently not recognized in Honduras. Since 2005, the Constitution of Honduras has explicitly banned same-sex marriage. In January 2022, the Supreme Court dismissed a challenge to this ban, but a request for the Inter-American Commission on Human Rights to review whether the ban violates the American Convention on Human Rights is pending. A same-sex marriage bill was introduced to Congress in May 2022.
The Philippines does not legally recognize same-sex unions, either in the form of marriage or civil unions. The Family Code of the Philippines defines only recognizes marriages between "a man and a woman". The 1987 Constitution itself does not mention the legality of same-sex unions or has explicit restrictions on marriage that would bare same-sex partners to enter into such arrangement.
Palau does not recognise same-sex marriage, civil unions or any other form of recognition for same-sex couples.