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Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
As of February 2024, twenty-one European countries legally recognise and perform same-sex marriages: Andorra, Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. An additional ten European countries legally recognise some form of civil union, namely Croatia, Cyprus, the Czech Republic, Hungary, Italy, Latvia, Liechtenstein, Monaco, Montenegro, and San Marino.
Poland and Slovakia recognise private contractual cohabitation of two persons (regardless of sexual orientation or relationship type - including non-sexual non-intimate relationships) for limited purposes. Although they do not recognise same-sex unions themselves, Bulgaria, Lithuania and Romania are bound by a ruling by the European Court of Justice to recognise same-sex marriages performed within the EU and including an EU citizen for the purposes of granting legal residence, [1] though this ruling is not always respected in practice, as in the case of Romania which has not implemented the ruling. [2] In December 2023, the European Court of Human Rights ruled that by failing to legalise same-sex unions, Poland had violated the right to respect for private and family life. [3]
Of the countries that perform same-sex marriages, some still allow civil unions, e.g. the Benelux nations, France and the United Kingdom, [nb 1] whereas Germany, Ireland and the Nordic countries have ended their pre-marriage civil union legislation so that existing unions remain but new ones are not possible.
Several European countries do not recognise any same-sex unions. Marriage is defined as a union solely between a man and a woman in the constitutions of Armenia, Belarus, Bulgaria, Croatia, Georgia, Hungary, Latvia, Lithuania, Moldova, Montenegro, Russia, Poland, Serbia, Slovakia and Ukraine. Of these, however, Croatia, Hungary, Latvia and Montenegro allow civil unions for same-sex couples.
Over the years, the European Court of Human Rights (ECtHR) has handled cases that challenged the lack of legal recognition of same-sex couples in certain member states. The Court has held that the European Convention on Human Rights (ECHR) requires member states to provide legal recognition, but does not require marriage to be opened to same-sex couples.
In Schalk and Kopf v Austria (24 June 2010), the European Court of Human Rights decided that the European Convention on Human Rights does not oblige member states to legislate for or legally recognise same-sex marriages. [4] However, the Court, for the first time, accepted same-sex relationships as a form of "family life".
In Vallianatos and Others v Greece (7 November 2013), [5] the Court held that exclusion of same-sex couples from registering a civil union, a legal form of partnership available to opposite-sex couples, violates the convention. Greece had enacted a law in 2008 that established civil unions for opposite-sex couples only. A 2015 law extended partnership rights to same-sex couples.
Oliari and Others v Italy (21 July 2015) [6] went further and established a positive obligation upon member states to provide legal recognition for same-sex couples. Italy thus breached the convention; it eventually implemented civil unions in 2016. The decision set a precedent for potential future cases regarding the 23 member states, certain British and Dutch territories, and the states with limited recognition (excluding Kosovo), that currently do not recognise same-sex couples' right to family life. [7]
Chapin and Charpentier v France (9 June 2016) [8] largely confirmed Schalk and Kopf v. Austria, holding that denying a same-sex couple access to marriage does not violate the convention. [9] [10] At the time of the judgment, France did allow same-sex marriage, however, the case originated from 2004 (regarding the validity of a same-sex marriage officiated by Noël Mamère), when only pacte civil de solidarité (PACS) was available to same-sex couples in France.
Fedotova and Others v. Russia (17 January 2023) ruled that states are obliged to recognize same-sex unions or civil unions. Other similar cases from other countries, including Poland, are awaiting the Tribunal. [11] [12] The ECHR informed the Polish government that it had accepted complaints about the lack of access for same-sex couples to marriage or civil partnerships in Poland (2020). [13]
In a judgment issued on 12 December 2023 in the case of Przybyszewska and Others v. Poland (applications nos. 11454/17 and 9 others), the European Court of Human Rights ruled that by failing to legalise same-sex unions, Poland had violated the right to respect for private and family life (Article 8 of the European Convention on Human Rights). The Court found that the Polish State had failed to ensure a legal framework providing for the recognition and protection of their same-sex unions, preventing the applicants from formalising fundamental aspects of their lives, which amounted to a breach of their right to respect for their private and family life. [3]
Some debate occurred within the European Union about how to require member states to recognise same-sex marriages conducted in other member states, as well as any European citizens' civil unions or registered partnerships, so as to ensure the right of freedom of movement for citizens' family members. [14]
In 2010, Romanian LGBT activist Adrian Coman and his American partner, Robert Claibourn Hamilton, married in Belgium, and subsequently attempted to relocate to Romania. Romanian authorities refused to recognise their marriage and the case progressed to the European Court of Justice. [15] On 11 January 2018, the ECJ's advocate general, Melchior Wathelet, issued an official legal opinion stating that an EU member country cannot refuse residency rights to the same-sex spouse of an EU citizen on the grounds that it does not recognise same-sex marriage. [16]
On 5 June 2018, the ECJ ruled in Coman's favour, stating the term "spouse" was gender-neutral, and member states are therefore obliged to recognise EU residency rights for partners of EU citizens. However, the court confirmed that it will still be up to member states whether to authorise same-sex marriage. [17] [1]
According to research from the European Parliament, some EU states still do not in practice grant residency to same-sex spouses, as required by Coman v. Romania. As of September 2021, Hamilton himself has not been granted residency by the Romanian government, despite the ruling. In September 2021, the European Parliament passed a resolution condemning some states failure to implement the ruling, and calling on the European Commission to ensure rights of same-sex spouses are upheld. [2]
Status | Country | Since | Country population (Last Census count) |
---|---|---|---|
Marriage (21 countries) * In eleven countries that have passed marriage, other types of partnerships are available too. | Andorra | 2023 [nb 2] [18] [19] | 80,300 |
Austria* | 2019 [nb 3] [20] | 8,974,466 | |
Belgium* | 2003 [nb 4] [21] | 11,710,364 | |
Denmark | 2012 [nb 5] [22] | 5,933,934 | |
Estonia* | 2024 [nb 6] [23] [24] | 1,320,135 | |
Finland | 2017 [nb 7] [25] [26] | 5,549,261 | |
France* | 2013 [nb 8] [27] | 64,860,737 | |
Germany | 2017 [nb 9] [28] | 83,234,514 | |
Greece* [nb 10] | 2024 [nb 11] [29] | 10,306,454 | |
Iceland | 2010 [nb 12] [30] | 377,266 | |
Ireland | 2015 [nb 13] [31] | 5,084,160 | |
Luxembourg* | 2015 [nb 14] [32] | 660,560 | |
Malta* | 2017 [nb 15] [33] | 536,492 | |
Netherlands* | 2001 [nb 16] [34] [35] | 17,661,848 | |
Norway | 2009 [nb 17] [36] | 5,506,605 | |
Portugal* | 2010 [nb 18] [37] | 10,229,035 | |
Slovenia | 2022 [nb 19] [38] [39] | 2,119,540 | |
Spain* | 2005 [nb 20] [40] | 47,488,449 | |
Sweden | 2009 [nb 21] [41] | 10,662,546 | |
Switzerland | 2022 [nb 22] [42] | 8,841,887 | |
United Kingdom* | 2020 [nb 23] [43] [44] [45] | 67,919,648 | |
Subtotal | — | — | 368,954,474 (42.6% of the European population) |
Civil unions (10 countries) * In three of the countries that have passed civil unions, another type of partnership is available too. | Croatia | 2014 [nb 24] [46] | 3,991,309 |
Cyprus [nb 25] | 2015 [47] | 951,730 [nb 26] | |
Czech Republic* | 2006 [nb 27] [48] | 10,496,342 | |
Hungary* | 2009 [nb 28] [49] | 9,322,912 | |
Italy* | 2016 [nb 29] [50] | 58,737,733 | |
Latvia | 2022 [nb 30] [51] [52] | 1,814,023 | |
Liechtenstein | 2011 [53] | 39,793 | |
Monaco | 2020 [54] | 36,162 | |
Montenegro | 2021 [55] | 626,007 | |
San Marino | 2019 [nb 31] [56] | 33,627 | |
Subtotal | — | — | 86,160,555 (10.0% of the European population) |
Unregistered cohabitation (2 countries) | |||
Poland | 2012 [57] | 41,985,841 | |
Slovakia | 2018 [nb 32] [58] [59] | 5,919,528 | |
Subtotal | — | — | 47,632,011 (5.5% of the European population) |
Total - Countries with some form of recognition of same-sex unions | — | — | 502,747,040 (58.1% of the European population) |
No recognition (8 countries) † As part of the European Union, is legally bound to provide residency rights to foreign same-sex spouses of EU citizens in compliance with case C-673/16 of the European Court of Justice. | Albania | — | 2,824,558 |
Azerbaijan | — | 10,456,521 | |
Bosnia and Herzegovina | — | 3,192,819 | |
Kazakhstan | — | 19,775,157 | |
North Macedonia | — | 2,079,365 | |
Romania † | — | 20,081,644 | |
Turkey | — | 86,198,068 | |
Vatican City | — | 825 | |
Subtotal | — | — | 144,420,748 (16.7% of the European population) |
Constitutional ban on marriage (14 countries) † As part of the European Union, is legally bound to provide residency rights to foreign same-sex spouses of EU citizens in compliance with case C-673/16 of the European Court of Justice. * Other types of partnerships are available. | Armenia | 2015 [nb 33] [60] [61] [62] | 2,775,974 |
Belarus | 1994 [63] | 9,468,966 | |
Bulgaria † | 1991 [64] | 6,613,272 | |
Croatia †* | 2013 [65] [66] | 3,991,309 | |
Georgia | 2018 [67] | 3,715,449 | |
Hungary †* | 2012 [68] [69] | 9,322,912 | |
Latvia †* | 2006 [70] [71] [72] | 1,814,023 | |
Lithuania † | 1992 [73] | 2,693,253 | |
Moldova | 1994 [74] | 3,572,100 | |
Montenegro * | 2007 [75] | 626,007 | |
Russia | 2020 | 144,229,555 | |
Serbia | 2006 [76] | 7,091,767 | |
Slovakia * | 2014 [77] [78] | 5,919,528 | |
Ukraine | 1996 [79] | 34,538,339 | |
Subtotal | — | — | 242,620,086 (28.0% of the European population) |
Total - Countries with no recognition of same-sex unions | — | — | 359,727,469 (41.5% of the European population) |
Status | Country | Since | State population (Last estimate count) |
---|---|---|---|
No recognition (5 states) | Abkhazia | — | 243,564 |
Kosovo | — | 1,907,592 | |
Northern Cyprus | — | 313,626 | |
South Ossetia | — | 51,547 | |
Transnistria | — | 475,665 | |
Total | 2,991,994 (0.3% of the European population) |
Status | Country | Jurisdiction | Legal since | Jurisdiction population (Last Census count) |
---|---|---|---|---|
Marriage (8 jurisdictions) * Other types of partnerships are available too. | Denmark | Faroe Islands | 2017 [80] [81] | 49,198 |
Greenland | 2016 [82] | 56,081 | ||
United Kingdom | Akrotiri and Dhekelia | 2014 [83] | 15,700 | |
Alderney | 2018 [84] | 2,020 | ||
Gibraltar* | 2016 [85] [86] | 32,194 | ||
Guernsey | 2017 [87] [88] | 62,948 | ||
Isle of Man* | 2016 [89] | 84,497 | ||
Jersey* | 2018 [90] | 100,080 | ||
Sark | 2020 [91] | 600 | ||
Total | 403,318 (0.0% of the European population) | |||
Total for all European jurisdictions | 865,880,853 (100% of the European population) | |||
Liechtenstein: On 11 March 2022, the government introduced a bill to allow stepchild adoption for same-sex couples in registered partnerships, in accordance with a 2021 court ruling, and said future bills for full marriage equality and joint adoption would have to come from individual MPs. [92] On 21 September 2022, a motion calling on the government to introduce a bill legalizing same-sex marriage [93] was submitted to the Landtag by 15 out of the 25 sitting members. [94] [95] The motion was passed by a 23–2 vote in the plenary session on 2 November 2022. [96] [97] [98] On 11 July 2023, the government adopted a consultation report on the implementation of the motion and established a consultation period until 10 October 2023. [99] [100] On 6 February 2024, the government adopted the results of the consultation report along with the subsequent proposal regarding the amendment of the Marriage Act, the Partnership Act and the Personal and Company Law. [101] [102] [103] The proposal was approved at its 1st reading on 8 March 2024 by a 24-1 vote, with an expected enactment date of 1 January 2025. [104] [105] [106] [107] [108] A final vote on the legislation is expected before the summer break. [109]
Italy: During the current legislature, several bills to legalise same-sex marriage and adoption have been tabled by all major opposition parties (PD, M5S, Azione - Italia Viva and Alleanza Verdi Sinistra). However, as of January 2024, these bills are unlikely to pass due to lack of support from the government coalition, which holds a large majority in Parliament.[ citation needed ]
Czech Republic: A bill amending the Civil Code to allow same-sex marriage was introduced in the Chamber of Deputies on 7 June 2022. The draft was signed by one representative each from five parliamentary groups: Mayors and Independents (STAN), TOP 09, the Pirate Party, the Civic Democratic Party (ODS) and ANO. [110] Debate on the bill began in May 2023. [111] [112] [113] The bill passed its first reading by 68 votes to 58 in the Chamber of Deputies on 29 June 2023. [114] [115] On 23 October 2023, the parties in favor of equal marriage reached an agreement with opponents that the law would be approved and unions equal in rights to marriage would be recognized, as long as those unions were not called 'marriage'. Conservative parties in return withdrew a proposal to ban equal marriage in the country's constitution. This law would therefore not provide for fully marriage equality, as the resulting unions would not be called "marriages". [116] In November 2023, the Chamber's Constitutional and Legal Affairs Committee failed to reach an agreement on whether to approve the same-sex marriage bill or a bill providing partnerships equal to marriage in all but name. A second reading in the Chamber of Deputies took place on 7 February 2024. [117] [118] The marriage bill was approved at the second reading, [119] [120] but on third reading on 28 February, the lower house of the Parliament amended the bill to provide more rights to civil unions, instead of legalizing same-sex marriage. [121] The resulting compromise bill now awaits reading in the Senate.
Kosovo: On 10 June 2023, Prime Minister Albin Kurti stated that the government is strongly committed to passing the new Civil Code, which would introduce same-sex civil unions in Kosovo. [122]
Lithuania: In May 2022, a group of MPs drafted a civil union bill which would provide limited protections for registered same-sex couples. The proposal is a compromise after a more expansive civil partnership bill was defeated in 2021. [123] On 26 May 2022 the bill passed its first reading in the Seimas with 70 votes in favour, 49 votes against and 6 abstentions. [124] It passed a second reading on 23 May 2023, by a vote of 60–52. It awaits a third reading. [125]
Ukraine: On 12 July 2022, a petition on same-sex marriage reached 28,000 signatures (above the 25,000 signatures needed to trigger a debate in parliament). [126] President Volodymyr Zelenskyy stated on 2 August 2022 that while a change of the constitution, which defines marriage as union of a man and a woman, is not allowed as long as martial law is in place, he endorses the introduction of civil unions and asked his government to evaluate legal options. [127] As of 26 May 2023 [update] , the Ukrainian Parliamentary Judicial Committee is considering Bill № 9103, which would introduce civil partnerships in Ukraine. [128]
Romania: In May 2023, the European Court of Human Rights ordered the government to legalize same-sex civil partnerships, in order to protect the rights of queer people to a family life, as protected under the Charter. [129] The government had three months to appeal.
According to a Eurobarometer poll in 2023, public support for same-sex marriage in EU member states was highest in Sweden (94%), the Netherlands (94%), Denmark (93%), Spain (88%), Ireland (86%), Luxembourg (84%), Germany (84%), Portugal (81%), Belgium (79%), and France (79%).
According to a Eurobarometer poll in 2015, public support for same-sex marriage in EU member states was highest in the Netherlands (91%), Sweden (90%), Denmark (87%), Spain (84%), Ireland (80%), Belgium (77%), Luxembourg (75%), the United Kingdom (71%) and France (71%). [130] Between 2006 and 2015, support rose most significantly in Malta, from 18% to 65%, and in Ireland, from 41% to 80%. [131]
After the approval of same-sex marriage in Portugal in January 2010, 52% of the Portuguese population stated that they were in favor of the legislation. [132] In 2008, 58% of the Norwegian voters supported same-sex marriage, which was introduced in the same year, and 31 percent were against it. [133] In January 2013, 54.1% of Italians respondents supported same-sex marriage. [134] In a late January 2013 survey, 77.2% of Italians respondents supported the recognition of same-sex unions. [135] According to an Ipsos poll published in 2021, 83% of Italians were in favour of legal recognition for same-sex couples, 10% stated they were against and 7% did not have a specific position on the issue. [136] 59% of surveyed Italians stated they were in favour of same-sex couples jointly adopting children, while 36% were opposed. [136]
In Greece, support more than tripled between 2006 and 2017. In 2006, 15% of Greeks said that they agreed with same-sex marriage being allowed throughout Europe, [131] rising to 50.04% by 2017. A survey in 2020 indicated that 56% of the Greek population accept same-sex marriage. [137] [138]
In Ireland, a 2008 survey revealed 84% of people supported civil unions for same-sex couples (and 58% for same-sex marriage), [139] while a 2010 survey showed 67% supported same-sex marriage [140] by 2012 this figure had risen to 73% in support. [141] On 22 May 2015, 62.1% of the electorate voted to enshrine same-sex marriage in the Irish constitution as equal to heterosexual marriage.
In Croatia, a poll conducted in November 2013 revealed that 59% of Croats think that marriage should be constitutionally defined as a union between a man and a woman, while 31% do not agree with the idea. [142] In Poland, support for same sex marriages has increased from 17% in 2006 [143] to 45% in 2019, [144] according to Eurobarometer; other polls show a majority supporting registered partnerships. [145] [146]
In the European Union, support tends to be the lowest in Bulgaria, Latvia, Hungary, Romania, Slovakia, and Lithuania. The average percentage of support for same-sex marriage in the European Union as of 2006 when it had 25 members was 44%, which had descended from a previous percentage of 53%. The change was caused by more socially conservative nations joining the EU. [131] In 2015, with 28 members, average support was at 61%. [130]
Country | Pollster | Year | For [lower-alpha 1] | Against [lower-alpha 1] | Neither [lower-alpha 2] | Margin of error | Source |
---|---|---|---|---|---|---|---|
Andorra | Institut d'Estudis Andorrans | 2013 | 70% (79%) | 19% (21%) | 11% | [147] | |
Armenia | Pew Research Center | 2015 | 3% (3%) | 96% (97%) | 1% | ±3% | [148] [149] |
Austria | Eurobarometer | 2019 | 66% (69%) | 30% (31%) | 4% | [150] | |
Belarus | Pew Research Center | 2015 | 16% (16%) | 81% (84%) | 3% | ±4% | [148] [149] |
Belgium | Ipsos | 2023 | 72% (81%) | 17% [9% support some rights] (19%) | 10% not sure | ±3.5% | [151] |
Bosnia and Herzegovina | Pew Research Center | 2015–2016 | 13% (14%) | 84% (87%) | 4% | ±4% | [148] [149] |
Bulgaria | GLOBSEC | 2023 | 21% | 69% | 11% | [152] | |
Croatia | Eurobarometer | 2019 | 39% (41%) | 55% (59%) | 6% | [150] | |
Cyprus | Eurobarometer | 2019 | 36% (38%) | 60% (62%) | 4% | [150] | |
Czech Republic | GLOBSEC | 2023 | 72% | 24% | 4% | [153] | |
Denmark | Eurobarometer | 2019 | 89% (92%) | 8% (8%) | 3% | [150] | |
Estonia | HumanrightsEE | 2023 | 53% (58%) | 39% (42%) | 8% | [154] | |
Finland | Eurobarometer | 2019 | 76% (78%) | 21% (22%) | 3% | [150] | |
France | Ipsos | 2023 | 66% (73%) | 25% [15% support some rights] (27%) | 9% not sure | ±3.5% | [151] |
Pew Research Center | 2023 | 82% | 14% | 4% | ±3.6% | [155] | |
Georgia | Women's Initiatives Supporting Group | 2021 | 10% (12%) | 75% (88%) | 15% | [156] | |
Germany | Ipsos | 2023 | 62% (71%) | 25% [12% support some rights] (29%) | 14% not sure | ±3.5% | [151] |
Pew Research Center | 2023 | 80% | 19% | 1% | ±3.6% | [155] | |
Greece | Pew Research Center | 2023 | 49% | 50% | 1% | ±3.6% | [155] |
Hungary | Ipsos | 2023 | 47% (57%) | 36% [20% support some rights] (43%) | 18% not sure | ±3.5% | [151] |
Pew Research Center | 2023 | 31% | 64% | 5% | ±3.6% | [155] | |
Iceland | Gallup | 2006 | 89% | 11% | – | [157] | |
Ireland | Ipsos | 2023 | 64% (72%) | 25% [13% support some rights] (28%) | 11% | [151] | |
Italy | Ipsos | 2023 | 61% (67%) | 30% [21% support some rights] (33%) | 9% not sure | ±3.5% | [151] |
Pew Research Center | 2023 | 74% | 26% | – | ±3.6% | [155] | |
Kazakhstan | Pew Research Center | 2016 | 7% (7%) | 89% (93%) | 4% | [148] [149] | |
Latvia | GLOBSEC | 2023 | 40% | 46% | 14% | [158] | |
Liechtenstein | Liechtenstein Institut | 2021 | 72% | 28% | 0% | [159] | |
Lithuania | GLOBSEC | 2023 | 22% | 60% | 19% | [160] | |
Luxembourg | Eurobarometer | 2019 | 85% (90%) | 9% (10%) | 6% | [150] | |
Malta | Eurobarometer | 2019 | 67% (73%) | 25% (27%) | 8% | [150] | |
Moldova | Europa Libera Moldova | 2022 | 14% | 86% | [161] | ||
Netherlands | Ipsos | 2023 | 80% (85%) | 14% [6% support some rights] (15%) | 7% not sure | ±3.5% | [151] |
Pew Research Center | 2023 | 89% | 10% | 1% | ±3.6% | [155] | |
Norway | Pew Research Center | 2017 | 72% (79%) | 19% (21%) | 9% | [148] [149] | |
Poland | Ipsos | 2023 | 32% (36%) | 57% [35% support some rights] (64%) | 11% | ±3.5% | [151] |
Pew Research Center | 2023 | 41% | 54% | 5% | ±3.6% | [155] | |
Portugal | Ipsos | 2023 | 80% (84%) | 15% [11% support some rights] (16%) | 5% | [151] | |
Romania | Ipsos | 2023 | 25% (30%) | 59% [26% support some rights] (70%) | 17% | ±3.5% | [151] |
Russia | Ipsos | 2021 | 17% (21%) | 64% [12% support some rights] (79%) | 20% not sure | ±4.8% | [162] |
FOM | 2019 | 7% (8%) | 85% (92%) | 8% | ±3.6% | [163] | |
Serbia | Civil Rights Defender | 2020 | 26% | – | – | ±3.33% | [164] |
Slovakia | GLOBSEC | 2023 | 28% | 63% | 9% | [165] | |
Slovenia | Eurobarometer | 2019 | 62% (64%) | 35% (36%) | 3% | [150] | |
Spain | Ipsos | 2023 | 78% (82%) | 17% [12% support some rights] (18%) | 5% not sure | ±3.5% | [151] |
Pew Research Center | 2023 | 87% | 11% | 2% | ±3.6% | [155] | |
Sweden | Ipsos | 2023 | 75% (82%) | 16% [7% support some rights] (18%) | 9% not sure | ±3.5% | [151] |
Pew Research Center | 2023 | 92% | 5% | 3% | ±3.6% | [155] | |
Switzerland | Ipsos | 2023 | 54% (61%) | 34% [16% support some rights] (39%) | 13% not sure | ±3.5% | [151] |
Turkey | Ipsos | 2023 | 20% (28%) | 52% [22% support some rights] (72%) | 28% not sure | ±3.5% | [151] |
Ukraine | Rating | 2023 | 37% | 42% | 22% | ±1.5% | [166] |
United Kingdom | YouGov | 2023 | 77% (84%) | 15% (16%) | 8% | [167] | |
Ipsos | 2023 | 64% (70%) | 27% [14% support some rights] (30%) | 9% not sure | ±3.5% | [151] | |
Pew Research Center | 2023 | 73% | 23% | 4% | ±3.6% | [155] |
Country | Pollster | Year | For | Against | Neutral [lower-alpha 2] | Source |
---|---|---|---|---|---|---|
Faroe Islands | Spyr.fo | 2019 | 71.1% | 12.6% | 16.7% | [168] |
Gibraltar | Inter-Ministerial Committee Consultation | 2015 | 63% | 37% | 0% | [169] |
Northern Ireland | YouGov | 2019 | 55% | - | - | [170] [171] |
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.
Same-sex marriage has been legal in Belgium since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. King Albert II granted his assent, and the bill entered into force on 1 June. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands. "Statutory cohabitation", a form of civil union open to any two legally consenting cohabiting persons, has been available since 1 January 2000.
Same-sex marriage has been legal in Germany since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Steinmeier and published in the Federal Law Gazette on 28 July 2017. Previously, the governing CDU/CSU had refused to legislate on the issue of same-sex marriage. In June 2017, Chancellor Angela Merkel unexpectedly said she hoped the matter would be put to a conscience vote. Consequently, other party leaders organised for a vote to be held in the last week of June during the final legislative session before summer recess. The Bundestag passed the legislation on 30 June by 393 votes to 226, and it went into force on 1 October. Germany was the first country in Central Europe, the fourteenth in Europe, and the 22nd in the world to allow same-sex couples to marry nationwide.
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.
Poland does not legally recognize same-sex unions, either in the form of marriage or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under EU law.
Same-sex marriage has been legal in Greece since 16 February 2024. In July 2023, the re-elected government headed by the New Democracy party announced its intention to legalize same-sex marriage. Legislation was introduced to the Hellenic Parliament on 1 February 2024 and passed on 15 February by 175 votes to 77. The bill was signed into law by President Katerina Sakellaropoulou and took effect upon publication in the Government Gazette on 16 February. Greece was the 16th member state of the European Union, the 21st country in Europe and the 36th in the world to allow same-sex couples to marry.
Liechtenstein has recognized same-sex registered partnerships since 1 September 2011 following approval by voters in a referendum. Liechtenstein was the second country in the world to pass a partnership law by referendum, after Switzerland in 2005.
Lesbian, gay, bisexual, and transgender (LGBT) people in Liechtenstein have several but not all of the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1989, with an equal age of consent since 2001. Same-sex couples have had access to registered partnerships since 2011, and discrimination on the basis of sexual orientation has been outlawed in some areas since 2016.
This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.
Latvia does not recognize same-sex marriage. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions, which was subsequently signed into law by President Edgars Rinkēvičs in January 2024. The law is scheduled to take effect on 1 July 2024.
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.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Same-sex marriage has been legal in Austria since 1 January 2019. On 4 December 2017, the Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution of Austria guarantee same-sex couples the right to marry. The decision took effect on 1 January 2019, making Austria the 24th country in the world and the fifteenth in Europe to allow same-sex couples to marry nationwide. Austria has also recognised same-sex registered partnerships since 1 January 2010, providing several, but not all, of the rights, benefits, obligations and responsibilities of marriage.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. Nevertheless, same-sex couples are unable to marry or jointly adopt, and registering civil partnerships without court litigation remains impossible.
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. 21 of the 36 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of more limited recognition for same-sex couples.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.
Cyprus has recognised same-sex unions since 9 December 2015. Legislation to establish civil cohabitations was approved by the Cypriot Parliament on 26 November 2015, and took effect on 9 December upon publication in the government gazette.
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.
LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage, and adoption by same-sex couples.
Matrimony shall be a free union between a man and a woman.
Article 48. [...] The family shall be founded on a freely consented marriage between a husband and wife
Contracting, duration or dissolution of marriage shall be based on the equality of man and woman.
Article 43. Marriage is a unique union between a man and a woman