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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, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. A 22nd country, Liechtenstein, will commence same-sex marriages in 2025. 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, Poland, Romania, and Slovakia 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, 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 (22 countries) * In eleven countries that have passed marriage, other types of partnerships are available too. | Andorra* | 2023 [nb 2] [18] [19] | 82,495 |
Austria* | 2019 [nb 3] [20] | 9,223,284 | |
Belgium* | 2003 [nb 4] [21] | 11,813,125 | |
Denmark | 2012 [nb 5] [22] | 6,012,044 | |
Estonia* | 2024 [nb 6] [23] [24] | 1,391,508 | |
Finland | 2017 [nb 7] [25] [26] | 5,646,132 | |
France* | 2013 [nb 8] [27] | 66,665,461 | |
Germany | 2017 [nb 9] [28] | 85,199,304 | |
Greece* [nb 10] | 2024 [nb 11] [29] | 10,010,137 | |
Iceland* | 2010 [nb 12] [30] | 397,870 | |
Ireland | 2015 [nb 13] [31] | 5,320,362 | |
Liechtenstein | 2025 [nb 14] [32] | 39,995 | |
Luxembourg* | 2015 [nb 15] [33] | 681,955 | |
Malta* | 2017 [nb 16] [34] | 539,698 | |
Netherlands* | 2001 [nb 17] [35] [36] | 18,359,193 | |
Norway | 2009 [nb 18] [37] | 5,606,240 | |
Portugal | 2010 [nb 19] [38] | 10,449,899 | |
Slovenia | 2022 [nb 20] [39] [40] | 2,122,839 | |
Spain* | 2005 [nb 21] [41] | 48,028,298 | |
Sweden | 2009 [nb 22] [42] | 10,641,972 | |
Switzerland | 2022 [nb 23] [43] | 8,981,467 | |
United Kingdom* | 2020 [nb 24] [44] [45] [46] | 69,394,324 | |
Subtotal | — | — | 369,149,934 (42.6% of the European population) |
Civil unions (9 countries) * In three of the countries that have passed civil unions, another type of partnership is available too. | Croatia | 2014 [nb 25] [47] | 3,880,669 |
Cyprus [nb 26] | 2015 [48] | 951,730 [nb 27] | |
Czech Republic* | 2006 [nb 28] [49] | 11,003,758 | |
Hungary* | 2009 [nb 29] [50] | 9,310,450 | |
Italy* | 2016 [nb 30] [51] | 59,332,330 | |
Latvia | 2022 [nb 31] [52] [53] | 1,884,264 | |
Monaco | 2020 [54] | 38,991 | |
Montenegro | 2021 [55] | 660,998 | |
San Marino | 2019 [nb 32] [56] | 33,239 | |
Subtotal | — | — | 85,954,565 (10.0% of the European population) |
Unregistered cohabitation (2 countries) | Poland | 2012 [57] | 39,297,023 |
Slovakia | 2018 [58] [59] [nb 33] | 5,581,475 | |
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 | — | 2,789,472 |
Azerbaijan | — | 10,350,357 | |
Bosnia and Herzegovina | — | 3,157,656 | |
Kazakhstan | — | 20,751,133 | |
North Macedonia | — | 1,820,063 | |
Romania † | — | 19,051,073 | |
Turkey | — | 87,568,208 | |
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 34] [60] [61] [62] | 3,033,206 |
Belarus | 1994 [63] | 9,035,706 | |
Bulgaria † | 1991 [64] | 6,753,940 | |
Croatia †* | 2013 [65] [66] | 3,880,669 | |
Georgia | 2018 [67] | 3,825,355 | |
Hungary †* | 2012 [68] [69] | 9,310,450 | |
Latvia †* | 2006 [70] [71] [72] | 1,884,264 | |
Lithuania † | 1992 [73] | 2,906,977 | |
Moldova | 1994 [74] | 3,105,395 | |
Montenegro * | 2007 [75] | 660,998 | |
Russia | 2020 | 145,245,566 | |
Serbia | 2006 [76] | 6,748,064 | |
Slovakia * | 2014 [77] [78] | 5,581,475 | |
Ukraine | 1996 [79] | 33,535,634 | |
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) | |||
Italy: Since October 2022, 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 e Sinistra). [92] [93]
Kosovo: On 25 April 2024, Prime Minister Albin Kurti announced his government's intention to legalize same-sex unions. [94]
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. [95] On 26 May 2022 the bill passed its first reading in the Seimas with 70 votes in favour, 49 votes against and 6 abstentions. [96] It passed a second reading on 23 May 2023, by a vote of 60–52. [97] In the last few days of the legislative session in July 2024, the parties came to an agreement on the bill and placed it on the agenda for a final reading on the last day of the session. The Social Democrats announced they would boycott the final reading, meaning the bill would be unable to pass without their votes. On 25 July, the government voluntarily pulled the bill from the schedule rather than allowing it to fail, [98] which will allow the bill to be brought back by a new parliament following the October parliamentary election, rather than starting the process over again.
Poland: On 27 December 2023, Poland's new Prime Minister, Donald Tusk, announced that a bill to legalise same-sex unions would be introduced and debated in the Sejm in 2024. [99] On 9 July 2024, a bill allowing both opposite-sex and same-sex couples to form legally registered partnerships (thereby introducing same-sex civil partnerships) was added to the Polish government's agenda. [100]
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). [101] 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. [102] As of 26 May 2023 [update] , the Ukrainian Parliamentary Judicial Committee is considering Bill № 9103, which would introduce civil partnerships in Ukraine. [103] In August 2024, the Committee on National Health, Medical Assistance and Medical Insurance recommended the bill for adoption in its first reading. [104]
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 same-sex couples to a family life, as protected under the Charter. [105] 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%). [106] Between 2006 and 2015, support rose most significantly in Malta, from 18% to 65%, and in Ireland, from 41% to 80%. [107]
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. [108] In 2008, 58% of the Norwegian voters supported same-sex marriage, which was introduced in the same year, and 31 percent were against it. [109] In January 2013, 54.1% of Italians respondents supported same-sex marriage. [110] In a late January 2013 survey, 77.2% of Italians respondents supported the recognition of same-sex unions. [111] 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. [112] 59% of surveyed Italians stated they were in favour of same-sex couples jointly adopting children, while 36% were opposed. [112]
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, [107] rising to 50.04% by 2017. A survey in 2020 indicated that 56% of the Greek population accept same-sex marriage. [113] [114]
In Ireland, a 2008 survey revealed 84% of people supported civil unions for same-sex couples (and 58% for same-sex marriage), [115] while a 2010 survey showed 67% supported same-sex marriage [116] by 2012 this figure had risen to 73% in support. [117] 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. [118] In Poland, support for same sex marriages has increased from 17% in 2006 [119] to 45% in 2019, [120] according to Eurobarometer; other polls show a majority supporting registered partnerships. [121] [122]
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. [107] In 2015, with 28 members, average support was at 61%. [106]
Country | Pollster | Year | For [a] | Against [a] | Neither [b] | Margin of error | Source |
---|---|---|---|---|---|---|---|
Albania | IPSOS | 2023 | 26% | 73% (74%) | 1% | [123] | |
Andorra | Institut d'Estudis Andorrans | 2013 | 70% (79%) | 19% (21%) | 11% | [124] | |
Armenia | Pew Research Center | 2015 | 3% (3%) | 96% (97%) | 1% | ±3% | [125] [126] |
Austria | Eurobarometer | 2023 | 65% | 30% | 5% | [127] | |
Belarus | Pew Research Center | 2015 | 16% (16%) | 81% (84%) | 3% | ±4% | [125] [126] |
Belgium | Ipsos | 2024 | 69% | 19% [9% support some rights] | 12% not sure | ±5% | [128] |
Eurobarometer | 2023 | 79% | 19% | 2% not sure | [127] | ||
Bosnia and Herzegovina | IPSOS | 2023 | 26% (27%) | 71% (73%) | 3% | [123] | |
Bulgaria | Eurobarometer | 2023 | 17% | 75% | 8% | [127] | |
Croatia | Eurobarometer | 2023 | 42% | 51% | 7% | [127] | |
Cyprus | Eurobarometer | 2023 | 50% | 44% | 6% | [127] | |
Czech Republic | Eurobarometer | 2023 | 60% | 34% | 6% | [127] | |
Denmark | Eurobarometer | 2023 | 93% | 5% | 2% | [127] | |
Estonia | Eurobarometer | 2023 | 41% | 51% | 8% | [127] | |
Finland | Eurobarometer | 2023 | 76% | 18% | 6% | [127] | |
France | Ipsos | 2024 | 62% | 26% [16% support some rights] | 12% not sure | ±3.5% | [128] |
Pew Research Center | 2023 | 82% | 14% | 4% | ±3.6% | [129] | |
Eurobarometer | 2023 | 79% | 14 | 7% | [127] | ||
Georgia | Women's Initiatives Supporting Group | 2021 | 10% (12%) | 75% (88%) | 15% | [130] | |
Germany | Ipsos | 2024 | 73% | 18% [10% support some rights] | 12% not sure | ±3.5% | [128] |
Pew Research Center | 2023 | 80% | 19% | 1% | ±3.6% | [129] | |
Eurobarometer | 2023 | 84% | 13% | 3% | [127] | ||
Greece | Pew Research Center | 2023 | 48% (49%) | 49% (51%) | 3% | ±3.6% | [129] |
Eurobarometer | 2023 | 57% (59%) | 40% (41%) | 3% | [127] | ||
Hungary | Ipsos | 2024 | 44% | 35% [18% support some rights] | 21% not sure | ±5% | [128] |
Pew Research Center | 2023 | 31% (33%) | 64% (67%) | 5% | ±3.6% | [129] | |
Eurobarometer | 2023 | 42% | 52% | 6% | [127] | ||
Iceland | Gallup | 2006 | 89% | 11% | – | [131] | |
Ireland | Ipsos | 2024 | 68% | 21% [8% support some rights] | 10% | ±5% [c] | [128] |
Eurobarometer | 2023 | 86% | 9% | 5% | [127] | ||
Italy | Ipsos | 2024 | 58% | 29% [19% support some rights] | 12% not sure | ±3.5% | [128] |
Pew Research Center | 2023 | 73% (75%) | 25% | 2% | ±3.6% | [129] | |
Eurobarometer | 2023 | 69% | 27% | 4% | [127] | ||
Kazakhstan | Pew Research Center | 2016 | 7% (7%) | 89% (93%) | 4% | [125] [126] | |
Kosovo | IPSOS | 2023 | 20% (21%) | 77% (79%) | 3% | [123] | |
Latvia | Eurobarometer | 2023 | 36% | 59% | 5% | [127] | |
Liechtenstein | Liechtenstein Institut | 2021 | 72% | 28% | 0% | [132] | |
Lithuania | Eurobarometer | 2023 | 39% | 55% | 6% | [127] | |
Luxembourg | Eurobarometer | 2023 | 84% | 13% | 3% | [127] | |
Malta | Eurobarometer | 2023 | 74% | 24% | 2% | [127] | |
Moldova | Europa Liberă Moldova | 2022 | 14% | 86% | [133] | ||
Montenegro | IPSOS | 2023 | 36% (37%) | 61% (63%) | 3% | [123] | |
Netherlands | Ipsos | 2024 | 77% | 15% [8% support some rights] | 8% not sure | ±5% | [128] |
Pew Research Center | 2023 | 89% (90%) | 10% | 1% | ±3.6% | [129] | |
Eurobarometer | 2023 | 94% | 5% | 2% | [127] | ||
North Macedonia | IPSOS | 2023 | 20% (21%) | 78% (80%) | 2% | [123] | |
Norway | Pew Research Center | 2017 | 72% (79%) | 19% (21%) | 9% | [125] [126] | |
Poland | Ipsos | 2024 | 39% | 48% [28% support some rights] | 13% | ±5% | [128] |
Pew Research Center | 2023 | 41% (43%) | 54% (57%) | 5% | ±3.6% | [129] | |
United Surveys by IBRiS | 2024 | 50% (55%) | 41% (45%) | 9% | [134] | ||
Eurobarometer | 2023 | 50% | 45% | 5% | [127] | ||
Portugal | Ipsos | 2023 | 80% (84%) | 15% [11% support some rights] (16%) | 5% | [135] | |
Eurobarometer | 2023 | 81% | 14% | 5% | [127] | ||
Romania | Ipsos | 2023 | 25% (30%) | 59% [26% support some rights] (70%) | 17% | ±3.5% | [135] |
Eurobarometer | 2023 | 25% | 69% | 6% | [127] | ||
Russia | Ipsos | 2021 | 17% (21%) | 64% [12% support some rights] (79%) | 20% not sure | ±4.8% [c] | [136] |
FOM | 2019 | 7% (8%) | 85% (92%) | 8% | ±3.6% | [137] | |
Serbia | IPSOS | 2023 | 24% (25%) | 73% (75%) | 3% | [123] | |
Slovakia | Focus | 2024 | 36% (38%) | 60% (62%) | 4% | [138] | |
Eurobarometer | 2023 | 37% | 56% | 7% | [127] | ||
Slovenia | Eurobarometer | 2023 | 62% (64%) | 37% (36%) | 2% | [127] | |
Spain | Ipsos | 2024 | 73% | 19% [13% support some rights] | 9% not sure | ±3.5% | [128] |
Pew Research Center | 2023 | 87% (90%) | 10% | 3% | ±3.6% | [129] | |
Eurobarometer | 2023 | 88% | 9% | 3% | [127] | ||
Sweden | Ipsos | 2024 | 78% | 15% [8% support some rights] | 7% not sure | ±5% | [128] |
Pew Research Center | 2023 | 92% (94%) | 6% | 2% | ±3.6% | [129] | |
Eurobarometer | 2023 | 94% | 5% | 1% | [127] | ||
Switzerland | Ipsos | 2023 | 54% (61%) | 34% [16% support some rights] (39%) | 13% not sure | ±3.5% | [135] |
Turkey | Ipsos | 2024 | 18% | 52% [19% support some rights] | 30% not sure | ±5% [c] | [128] |
Ukraine | Rating | 2023 | 37% (47%) | 42% (53%) | 22% | ±1.5% | [139] |
United Kingdom | YouGov | 2023 | 77% (84%) | 15% (16%) | 8% | [140] | |
Ipsos | 2024 | 66% | 24% [11% support some rights] | 10% not sure | ±3.5% | [128] | |
Pew Research Center | 2023 | 74% (77%) | 22% (23%) | 4% | ±3.6% | [129] |
Country | Pollster | Year | For | Against | Neutral [b] | Source |
---|---|---|---|---|---|---|
Faroe Islands | Spyr.fo | 2019 | 71.1% | 12.6% | 16.7% | [141] |
Gibraltar | Inter-Ministerial Committee Consultation | 2015 | 63% | 37% | 0% | [142] |
Northern Ireland | YouGov | 2019 | 55% | - | - | [143] [144] |
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 the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage. Polling suggests that a significant majority of Dutch people support the legal recognition of same-sex 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. Polling indicates that a significant majority of Belgians support the legal recognition of same-sex marriage. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands.
Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day. Ireland was the eighteenth country in the world and the eleventh in Europe to allow same-sex couples to marry nationwide.
Romania does not allow same-sex marriage or civil unions. Registered partnerships have been debated in the Parliament of Romania several times since 2008, though no bill on the matter has successfully passed. In May 2023, the European Court of Human Rights ruled that Romania was violating the European Convention on Human Rights by not recognizing same-sex unions. The government appealed the decision to the Grand Chamber in August 2023, but this appeal was rejected on 25 September 2023. Romania is now legally obliged to provide legal recognition to same-sex couples, and may risk financial sanctions from the Council of Europe if it fails to change the law.
Poland does not legally recognize same-sex marriages or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights with regard to the tenancy of a shared household. A few laws also guarantee certain limited rights to cohabiting couples, including same-sex couples. Same-sex spouses of European Union citizens also have access to residency rights under a June 2018 ruling from the European Court of Justice.
Italy has recognised civil unions since 5 June 2016, providing same-sex couples with most of the legal protections, benefits and rights of marriage. A bill to this effect was approved by the Senate on 25 February 2016 and by the Chamber of Deputies on 11 May. It was signed into law by President Sergio Mattarella on 20 May, published in the Gazzetta Ufficiale the next day and took effect on 5 June 2016. The law does not grant same-sex couples joint adoption rights or access to in vitro fertilisation. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these unions varied from place to place.
Latvia has recognised civil unions since 1 July 2024. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions conferring similar rights and obligations as marriage with the exception of adoption and inheritance rights. The bill was signed into law by President Edgars Rinkēvičs in January 2024, and took effect on 1 July 2024. This followed a ruling from the Constitutional Court of Latvia on 12 November 2020 that the Latvian Constitution entitles same-sex couples to receive the same benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June 2022 deadline, same-sex couples may apply to a court to have their relationship recognized. The Saeima failed to meet this deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May 2022.
Lithuania does not recognise same-sex marriages or civil unions. A bill to legalise civil unions and grant same-sex couples some legal rights and benefits is pending in the Seimas. Lithuania is the only Baltic state to not recognise same-sex couples in any form. Additionally, the Constitution of Lithuania explicitly prohibits the recognition of same-sex marriages.
Same-sex marriage has been legal in Estonia since 1 January 2024. The government elected in the March 2023 election, led by Prime Minister Kaja Kallas and consisting of the Reform Party, the Social Democrats and Estonia 200, vowed to legalize same-sex marriage. Legislation to open marriage to same-sex couples was introduced to the Riigikogu in May 2023, and was approved in a final reading by 55 votes to 34 on 20 June. It was signed into law by President Alar Karis on 27 June, and took effect on 1 January 2024. Estonia was the first Baltic state, the first post-Soviet state, the twentieth country in Europe, and the 35th in the world to legalise same-sex marriage.
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.
Lesbian, gay, bisexual, and transgender (LGBTQ) 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. In November 2023 registered partnerships were codified into law. These partnerships are available to both same and different sex couples - since July 1, 2024 the implemented registered partnership law has the similar rights and obligations as married couples - with the exception of the title of marriage, and adoption or inheritance rights.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are widely diverse in Europe per country. 22 of the 38 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 recognition for same-sex couples.
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.
Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but all have been rejected.
Cyprus has recognised same-sex civil unions since 9 December 2015. Legislation to establish a form of partnership known as civil cohabitation was introduced by the ruling Democratic Rally party in July 2015, and approved by the Cypriot Parliament in a 39–12 vote on 26 November 2015. It was signed by President Nicos Anastasiades, and took effect on 9 December upon publication in the government gazette.
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.
Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people 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.
Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.
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
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