Same-sex marriage

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Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. [1] As of 2022, marriage between same-sex couples is legally performed and recognized in 33 countries (nationwide or in some jurisdictions), with the most recent being Cuba in September 2022. [2] In Andorra, a law allowing same-sex marriage will come into force on 17 February 2023. [3]

Contents

Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some 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. [4] In the modern era, the first civil government to knowingly issue a marriage license to a same-sex couple was Blue Earth County, Minnesota, United States in 1971. [5]

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. [6] 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. [7] [8] The most prominent supporters of same-sex marriage are the world's major medical and scientific communities, and human rights and civil rights organizations, while 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 some developing democracies.

Scientific studies show that the financial, psychological, and physical well-being of gay people are 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. [9] 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 also repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. [10] [11] 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. [12] Opposition to same-sex marriage is based on claims such as that homosexuality is unnatural and abnormal, that children are better off when raised by opposite-sex couples, that recognition of same-sex marriage violates freedom of religion and undermines religion, that legalizing same-sex marriage would lead to polygamous and incestuous marriages being legalized, that legalization would undermine the institutions of marriage and the family, that same-sex couples cannot procreate, and that the recognition of same-sex unions will promote homosexuality in society. [13] [14] [15] The former two claims are refuted by scientific studies, which show that homosexuality is a natural and normal variation in human sexuality, and that sexual orientation is not a choice. Many studies have shown that children of same-sex couples fare just as well as the children of opposite-sex couples; some studies have shown benefits to being raised by same-sex couples. [16]

Terminology

Alternative terms

Two men marry, surrounded by wedding party, in New Orleans, United States on 11 November 2017 Wedding in New Orleans, November 11, 2017.jpg
Two men marry, surrounded by wedding party, in New Orleans, United States on 11 November 2017

Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), and Canadians for Equal Marriage—have long 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. [17] [18] [19] [20] [21] [22] [23] The Associated Press recommends the use of same-sex marriage over gay marriage. [24]

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. [25] [26] 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. [26] [27] [28]

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. [29] [30] The Oxford English Dictionary has recognized same-sex marriage since 2000. [31]

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. [32] [33]

History

Ancient

A 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." [34]

What is arguably the first historical mention of the performance of marriages between same-sex couples occurred during the early Roman Empire according to controversial [35] historian John Boswell. [36] These were usually reported in a critical or satirical manner. [37]

Child emperor Elagabalus referred to his chariot driver, a blond slave from Caria named Hierocles, as his husband. [38] He also married an athlete named Zoticus in a lavish public ceremony in Rome amidst the rejoicings of the citizens. [39] [40] [41]

According to Craig A. Williams, some Romans as early as the first century clearly did participate in formal ceremonies in which two males were married. These marriages were seen as atypical: Williams writes that "a marriage between two fully gendered 'men' was inconceivable; if two males were joined together, one of them had to be 'the woman.'" [42]

The first Roman emperor to have married a man was Nero, who is reported to have married two other males on different occasions. The first was with one of Nero's own freedmen, Pythagoras, with whom Nero took the role of the bride. [43] Later, as a groom, Nero married Sporus, a young boy, to replace his wife Poppaea Sabina following her death, [44] [45] and married him in a very public ceremony with all the solemnities of matrimony, after which Sporus was forced to pretend to be the female concubine that Nero had killed and act as though they were really married. [44] A friend gave the "bride" away as required by law. The marriage was celebrated in both Greece and Rome in extravagant public ceremonies. [46]

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). [47] Furthermore, according to Susan Treggiari, "matrimonium was then an institution involving a mother, mater. The idea implicit in the word is that a man took a woman in marriage, in matrimonium ducere, so that he might have children by her." [48]

In 342 AD, Christian emperors Constantius II and Constans issued a law in the Theodosian Code (C. Th. 9.7.3) prohibiting marriage between same-sex couples in Rome and ordering execution for those so married. [49] Professor Fontaine of Cornell University Classics Department has pointed out that there is no provision for marriage between same-sex couples in Roman Law, and the text from 342 CE is corrupt, "marries a woman" might be "goes to bed in a dishonorable manner with a man" as a condemnation of homosexual behavior between men. [50]

The Boxer Codex, dated 1590, records the normality and acceptance of same-sex marriage in the native cultures of the Philippines prior to colonization. [51]

Contemporary

Newly married couple in Minnesota shortly after the legalization of same-sex marriage in the United States NewlyMarriedCoupleAtCourthouse.jpg
Newly married couple in Minnesota shortly after the legalization of same-sex marriage in the United States

Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. In United States of America same-sex marriage became an official request of gay rights movement after the Second National March on Washington for Lesbian and Gay Rights in 1987. [52] [53]

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". [54] In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples. [6] [55] Since then, same-sex marriage has been established by law in 31 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 is the only one in Asia. [56]

Timeline

The summary table below lists in chronological order the sovereign states (United Nations member states plus Taiwan) that have legalized same-sex marriage. As of September 2022, 33 states have legalized, either partially or in full, with one state pending.

Dates are when marriages between same-sex couples began to be officially certified. When distinguished, the initial date is the date of legalization in the first subnational jurisdiction (state, province or constituent country), and the second is the completion date for all jurisdictions, not counting external territories or (in the case of the US) semi-sovereign tribal jurisdictions. 'NA' indicates that same-sex marriage is not (yet) legal in all jurisdictions. This is the case for Mexico and for the Kingdom of the Netherlands (where the constituent countries of Aruba, Curaçao and Sint Maarten have not legalized).

Member stateFirst jurisdictionNational ruling or
final jurisdiction
Flag of the Netherlands.svg  Netherlands 2001NA
Flag of Belgium (civil).svg  Belgium 2003
Flag of Canada (Pantone).svg  Canada 20032005
Flag of the United States.svg  United States*20042015
Flag of Spain.svg  Spain 2005
Flag of South Africa.svg  South Africa 2006
Flag of Norway.svg  Norway 2009
Flag of Sweden.svg  Sweden 2009
Flag of Mexico.svg  Mexico 2010NA (SC 2010)
Flag of Portugal.svg  Portugal 2010
Flag of Iceland.svg  Iceland 2010
Flag of Argentina.svg  Argentina 2010
Flag of Brazil.svg  Brazil 20122013
Flag of Denmark.svg  Denmark 20122017
Flag of France.svg  France 2013
Flag of Uruguay.svg  Uruguay 2013
Flag of New Zealand.svg  New Zealand*2013
Flag of the United Kingdom.svg  United Kingdom*20142020
Flag of Luxembourg.svg  Luxembourg 2015
Flag of Ireland.svg  Ireland 2015
Flag of Colombia.svg  Colombia 2016
Flag of Finland.svg  Finland 2017
Flag of Malta.svg  Malta 2017
Flag of Germany.svg  Germany 2017
Flag of Australia (converted).svg  Australia 2017
Flag of Austria.svg  Austria 2019
Flag of the Republic of China.svg  Taiwan 2019
Flag of Ecuador.svg  Ecuador 2019
Flag of Costa Rica.svg  Costa Rica 2020
Flag of Chile.svg  Chile 2022
Flag of Switzerland.svg  Switzerland 2022
Flag of Slovenia.svg  Slovenia 2022
Flag of Cuba.svg  Cuba 2022
Flag of Andorra.svg  Andorra 2023 (pending)

* State controls one or more territories where same-sex marriage is not legal.

Same-sex marriage around the world

Same-sex marriage is legally performed and recognized (nationwide or in some parts) in the following countries: Argentina, Australia, [lower-alpha 1] Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, [lower-alpha 2] Ecuador, [lower-alpha 3] Finland, France, [lower-alpha 4] Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, [lower-alpha 5] the Netherlands, [lower-alpha 6] New Zealand, [lower-alpha 7] Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, [lower-alpha 8] the United Kingdom, [lower-alpha 9] the United States, [lower-alpha 10] and Uruguay. It will become legal in Andorra on 17 February 2023.

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Marriage open to same-sex couples (rings: individual cases)
Civil unions or domestic partnerships
Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
Same-sex marriage recognized with full rights when performed in certain other jurisdictions
Limited legal recognition (unregistered cohabitation, legal guardianship)
Nonbinding certification
Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)
Country subject to an international court ruling to recognize same-sex marriage
Same-sex unions not legally recognized World marriage-equality laws (up to date).svg
  Marriage open to same-sex couples (rings: individual cases)
  Civil unions or domestic partnerships
  Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
  Same-sex marriage recognized with full rights when performed in certain other jurisdictions
  Limited legal recognition (unregistered cohabitation, legal guardianship)
  Nonbinding certification
  Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)
  Country subject to an international court ruling to recognize same-sex marriage
  Same-sex unions not legally recognized

Same-sex marriage is under consideration by the legislature or the courts in the Czech Republic, [57] Greece, [58] Honduras, [59] India, [60] Liechtenstein, [61] states in Mexico (e.g. Guerrero, [62] Mexico [63] ), the Navajo Nation, [64] Peru, [65] Thailand [66] and Venezuela. [67] Civil unions are being considered in a number of countries, including Latvia, Lithuania, [68] the Philippines, [69] Serbia, [70] Thailand [66] and Ukraine. [71]

On 12 March 2015, the European Parliament passed a non-binding resolution encouraging EU institutions and member states to "[reflect] on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue". [72] [73] [74] In 2018, the Inter-American Court of Human Rights ruled that all signatory countries must allow same-sex marriage.

Notable countries:

In response to the international spread of same-sex marriage, a number of countries have enacted preventative constitutional bans, with the most recent being Georgia in 2018 and Russia in 2020. In other countries, constitutions have been adopted which have wording specifying that marriage is between a man and a woman, although, especially with the older constitutions, they were not necessarily worded with the intent to ban same-sex marriage.[ citation needed ]

Same-sex marriage banned by secular constitution
Same-sex marriage banned by constitutionally mandated Islamic law or morality
Same-sex marriage banned for Muslims
No constitutional ban Constitutional bans on same-sex unions by country.svg
  Same-sex marriage banned by secular constitution
  Same-sex marriage banned by constitutionally mandated Islamic law or morality
  Same-sex marriage banned for Muslims
  No constitutional ban

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. [75] The court found, by a vote of 4 to 3, that their human rights had not been violated. [76] 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"). Furthermore, under European Convention of Human Rights, states are not obliged to allow same-sex marriage: [77]

The Court acknowledged that a number of Contracting States had extended marriage to same-sex partners, but went on to say that this reflected their own vision of the role of marriage in their societies and did not flow from an interpretation of the fundamental right as laid down by the Contracting States in the Convention in 1950. The Court concluded that it fell within the State’s margin of appreciation as to how to regulate the effects of the change of gender on pre-existing marriages.

European Court of Human Rights, Schalk and Kopf v Austria [75]

British Judge Sir Nicolas Bratza, then head of the European Court of Human Rights, delivered a speech in 2012 that signaled the court was ready to declare same-sex marriage a "human right", as soon as enough countries fell into line. [78] [79] [80]

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", [81] 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". [75]

European Union

On 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. [82] [83] 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. [84] [85]

Inter-American Court of Human Rights

On 8 January 2018, the Inter-American Court of Human Rights (IACHR) ruled that the American Convention on Human Rights mandates and requires the legal recognition of same-sex marriage. The landmark ruling was fully binding on Costa Rica and set binding precedent in the other signatory countries. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation is brought in. Among states without universal same-sex marriage, the ruling applies to Barbados, Bolivia, the Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Suriname.

The Court said that governments "must recognize and guarantee all the rights that are derived from a family bond between people of the same sex". 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. The Court demanded that governments "guarantee access to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination". Recognizing the difficulty in passing such laws in countries where there is strong opposition to same-sex marriage, it recommended that governments pass temporary decrees until new legislation is brought in. [86]

The ruling has directly led to the legal recognition of same-sex marriage in Costa Rica and Ecuador. In the wake of the ruling, lawsuits regarding same-sex marriage have also been filed in Bolivia, Honduras, [87] Panama, [88] Paraguay (to recognize marriages performed abroad), [89] and Peru, [90] all of which are under the jurisdiction of the IACHR.

International organizations

The terms of employment of the staff of international organizations (not commercial) 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 the country of citizenship of the employees in question recognizes the marriage. [91] In some cases, these organizations do offer a limited selection of the benefits normally provided to mixed-sex married couples to de facto partners or domestic partners of their staff, but even individuals who have entered into a mixed-sex civil union in their home country are not guaranteed full recognition of this union in all organizations. However, the World Bank does recognize domestic partners. [92]

Other arrangements

Civil unions

Many advocates, such as this November 2008 protester at a demonstration in New York City against California Proposition 8, reject the notion of civil unions, describing them as inferior to the legal recognition of same-sex marriage. New York City Proposition 8 Protest outside LDS temple 20.jpg
Many advocates, such as this November 2008 protester at a demonstration in New York City against California Proposition 8, reject the notion of civil unions, describing them as inferior to the legal recognition of same-sex marriage.

Civil union, civil partnership, domestic partnership, registered partnership, unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of 3 October 2022, countries that have an alternative form of legal recognition other than marriage on a national level are: Andorra, Croatia, Cyprus, the Czech Republic, Estonia, Greece, Hungary, Israel, Italy, Liechtenstein, and San Marino. [94] [95] Poland and Slovakia offer more limited rights. On a subnational level, the Dutch constituent country of Aruba allows same-sex couples to access civil unions or partnerships, but restrict marriage to couples of the opposite sex. 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, seventeen countries that have legally recognized same-sex marriage 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, Luxembourg, Malta, the Netherlands, Portugal, South Africa, Spain, the United Kingdom and Uruguay. [96] [97] [98] [99]

They are also available in parts of the United States (Arizona, [lower-alpha 11] California, Colorado, Hawaii, Illinois, New Jersey, Nevada and Oregon) and Canada. [100] [101]

Non-sexual same-sex marriage

Kenya

Female 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. [102]

Nigeria

Among 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. [103]

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. [11]

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. [104] [ vague ]

Adolescence

A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among school students in grades 9–12 declined by 7% and the rate of attempted suicide among high schoolers of a minority sexual orientation in grades 9–12 declined by 14% in states that established same-sex marriage, resulting in about 134,000 fewer attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (expanding from one state in 2004 to all fifty states in 2015) to compare the rate of attempted suicide among youth in each state over the time period studied. Once same-sex marriage was established in a particular state, the reduction in the rate of attempted suicide among youth in that state became permanent. No reduction in the rate of attempted suicide among teenage youth occurred in a particular state until that state recognized same-sex marriage. [105] [106] The lead researcher of the study stated that "laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future". [107] [108] [109]

Parenting

Lesbian couple with children Stephaniehaynes family.jpg
Lesbian couple with children

Professional organizations of psychologists have concluded that children stand to benefit from the well-being that results when their parents' relationship is recognized and supported by society's institutions, e.g. civil marriage. For example, the Canadian Psychological Association (CPA) stated in 2006 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." [110] The CPA has stated that the stress 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. [110]

The American Academy of Pediatrics concluded in 2006, in an analysis published in the journal Pediatrics :

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... The rights, benefits, and protections of civil marriage can further strengthen these families. [111]

Health

The American Psychological Association stated in 2004: "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, socioeconomic status and so on." It has also averred that same-sex couples who may only enter into a civil union, as opposed to a marriage, "are denied equal access to all the benefits, rights, and privileges provided by federal law to those of married couples", which has adverse effects on the well-being of same-sex partners. [112]

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. [111] [113]

In 2009, a pair of economists at Emory University tied the passage of state bans on same-sex marriage in the United States to an increase in the rates of HIV infection. [114] [115] 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. [116] In 2010, a Columbia University Mailman School of Public Health 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 anxiety disorders, 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. [117] [118]

Issues

While 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.[ citation needed ] 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, [119] undermines a right of children to be raised by their biological mother and father. [120] Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, [121] while others argue that same-sex marriages would provide social benefits to same-sex couples. [lower-alpha 12] 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 ]

Parenting

Male couple with a child Same-sex male couple with child at the 2008 San Francisco Pride Parade.jpg
Male couple with a child

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. [122] [110] [123] [124] [125]

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. [110] [125] [126] [127] According to scientific literature reviews, there is no evidence to the contrary. [111] [128] [129] [130]

Adoption

Legal status of adoption by same-sex couples around the world:
Joint adoption allowed
Second-parent (stepchild) adoption allowed
No laws allowing adoption by same-sex couples and no same-sex marriage
Same-sex marriage but adoption by married same-sex couples not allowed World same-sex adoption laws.svg
Legal status of adoption by same-sex couples around the world:
  Joint adoption allowed
  Second-parent (stepchild) adoption allowed
  No laws allowing adoption by same-sex couples and no same-sex marriage
  Same-sex marriage but adoption by married same-sex couples not allowed

All states that allow same-sex marriage also allow the joint adoption of children by people of the same sex[ citation needed ] with the exceptions of Ecuador, Taiwan, and half a dozen states in Mexico; in Taiwan, only step-child adoption is allowed, in the others, no adoption is allowed. In addition, Andorra and Israel, which do not recognize same-sex marriage nonetheless permit joint adoption by unmarried same-sex couples. Some additional states that do not recognize same-sex marriage allow stepchild adoption by couples in civil unions: Croatia, Estonia, Italy (on a case-by-case basis) and Slovenia. [131]

As of 2010, more than 16,000 same-sex couples were raising an estimated 22,000 adopted children in the United States, [132] 4% of all adopted children. [133]

Surrogacy and IVF treatment

A gay or bisexual man has the option of surrogacy, the process in which a woman bears a child for another person through artificial insemination or carries another woman's surgically implanted fertilized egg to birth. A lesbian or bisexual woman has the option of artificial insemination. [134] [135] Whether these arrangements are legal are subject to controversy in several jurisdictions. [136]

Transgender and intersex people

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.[ citation needed ] 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. [137]

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[ citation needed ], 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. [138] 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. [139] In the United States, transgender and intersex marriages was subject to legal complications. [140] As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, [141] as some of them prohibit legal changes of gender. [142]

Divorce

In 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. [143]

Judicial and legislative

There 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. [144]

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. [145]

Public opinion

Public opinion of same-sex marriage. Fraction in favor:
5/6+
2/3+
1/2+
1/3+
1/6+
<1/6
no polls Public Support of Same-Sex Marriage.svg
Public opinion of same-sex marriage. Fraction in favor:

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. [147] [148] [149] [150] [151] [ needs update ]

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. [152] [153] [154] [155] [156] [ needs update ]

Opinion polls for same-sex marriage by country
  Same-sex marriage performed nationwide
  Same-sex marriage performed in some parts of the country
  Civil unions or registered partnerships nationwide
  Same-sex sexual activity is illegal
CountryPollsterYearFor [lower-alpha 13] Against [lower-alpha 13] Neither [lower-alpha 14] Margin
of error
Source
Flag of Andorra.svg Andorra Institut d'Estudis Andorrans201370%
(79%)
19%
(21%)
11% [157]
Flag of Antigua and Barbuda.svg Antigua and Barbuda AmericasBarometer201712% [158]
Flag of Argentina.svg Argentina Ipsos202173%
(79%)
19%
(21%)
(another 9% support some rights)
9% not sure
±4.8% [159]
Flag of Armenia.svg Armenia Pew Research Center20153%
(3%)
96%
(97%)
1%±3% [160] [161]
Flag of Aruba.svg Aruba 202146% [162]
Flag of Australia (converted).svg Australia Ipsos202162%
(70%)
27%
(30%)
(another 14% support some rights)
11% not sure
±3.5% [159]
Flag of Austria.svg Austria Eurobarometer201966%
(69%)
30%
(31%)
4% [163]
Flag of the Bahamas.svg Bahamas AmericasBarometer201511% [164]
Flag of Belarus.svg Belarus Pew Research Center201516%
(16%)
81%
(84%)
3%±4% [160] [161]
Flag of Belgium (civil).svg Belgium Ipsos202172%
(79%)
19%
(21%)
(another 12% support some rights)
10% not sure
±3.5% [159]
Flag of Belize.svg Belize AmericasBarometer20148% [164]
Bandera de Bolivia (Estado).svg Bolivia AmericasBarometer201735%65%±1.0% [158]
Flag of Bosnia and Herzegovina.svg Bosnia and Herzegovina Pew Research Center2015–201613%
(14%)
84%
(87%)
4%±4% [160] [161]
Flag of Brazil.svg Brazil Ipsos202155%
(63%)
32%
(37%)
(another 14% support some rights)
14% not sure
±3.5% [lower-alpha 15] [159]
Flag of Bulgaria.svg Bulgaria Eurobarometer201916%
(18%)
74%
(82%)
10% [163]
Flag of Cambodia.svg Cambodia TNS Cambodia201555%
(65%)
30%
(35%)
15% [165]
Flag of Canada (Pantone).svg Canada Ipsos202175%
(83%)
15%
(17%)
(another 7% support some rights)
10% not sure
±3.5% [159]
Flag of Chile.svg Chile Plaza Pública-Cadem202174%24%2% [166]
Ipsos202165%
(72%)
25%
(28%)
(another 17% support some rights)
11% not sure
±4.8% [lower-alpha 15] [159]
Flag of the People's Republic of China.svg China Ipsos202143%
(52%)
39%
(48%)
(another 20% support some rights)
18% not sure
±3.5% [lower-alpha 15] [159]
Flag of Colombia.svg Colombia INVAMER-POLL202248%46%6% [167]
Flag of Costa Rica.svg Costa Rica AmericasBarometer201735%65%±1.2% [164]
Flag of Croatia.svg Croatia Eurobarometer201939%
(41%)
55%
(59%)
6% [163]
Flag of Cyprus.svg Cyprus Eurobarometer201936%
(38%)
60%
(62%)
4% [163]
Flag of the Czech Republic.svg Czech Republic Median agency201967% [168]
Flag of Cuba.svg Cuba Apretaste201963%37% [169]
Flag of Denmark.svg Denmark Eurobarometer201989%
(92%)
8%
(8%)
3% [163]
Flag of Dominica.svg Dominica AmericasBarometer201710%90%±1.1% [158]
Flag of the Dominican Republic.svg Dominican Republic AmericasBarometer201627%73%±1.0% [158]
Flag of Ecuador.svg Ecuador AmericasBarometer201923%
(31%)
51%
(69%)
26% [170]
Flag of El Salvador.svg El Salvador Universidad Francisco Gavidia202182.5% [171]
Flag of Estonia.svg Estonia Eurobarometer201941%
(45%)
51%
(55%)
8% [163]
Flag of Finland.svg Finland Eurobarometer201976%
(78%)
21%
(22%)
3% [163]
Flag of France.svg France Ipsos202159%
(73%)
22%
(27%)
(another 15% support some rights)
19% not sure
±3.5% [159]
Eurobarometer201979%
(84%)
15%
(16%)
6% [163]
Flag of Georgia.svg Georgia Women’s Initiatives Supporting Group202110%
(12%)
75%
(88%)
15% [172]
Flag of Germany.svg Germany Ipsos202168%
(75%)
23%
(25%)
(another 13% support some rights)
9% not sure
±3.5% [159]
Eurobarometer201984%
(88%)
12%
(12%)
4% [163]
Flag of Greece.svg Greece Kapa Research202056%
(58%)
40%
(42%)
4%±3% [173]
Flag of Grenada.svg Grenada AmericasBarometer201712%88%±1.4% [158]
Flag of Guatemala.svg Guatemala AmericasBarometer201723%77%±1.1% [158]
Flag of Guyana.svg Guyana AmericasBarometer201721%79%±1.3% [164]
Flag of Haiti.svg Haiti AmericasBarometer20175%95%±0.3% [158]
Flag of Honduras.svg Honduras CID Gallup201817%
(18%)
75%
(82%)
8% [174]
Flag of Hungary.svg Hungary Ipsos202146%
(55%)
38%
(45%)
(another 20% support some rights)
17% not sure
±4.8% [159]
Flag of Iceland.svg Iceland Gallup200689%11% [175]
Flag of India.svg India Ipsos202144%
(58%)
32%
(42%)
(another 14% support some rights)
25% not sure
±4.8% [lower-alpha 15] [159]
Mood of the Nation201924%
(28%)
62%
(72%)
14% [176] [177]
Flag of Ireland.svg Ireland Eurobarometer201979%
(86%)
13%
(14%)
8% [163]
Flag of Israel.svg Israel Hiddush201955%45% [178] ±4.5% [179]
Flag of Italy.svg Italy Ipsos202163%
(68%)
30%
(32%)
(another 20% support some rights)
7% not sure
±3.5% [159]
Flag of Jamaica.svg Jamaica AmericasBarometer201716%84%±1.0% [158]
Flag of Japan.svg Japan Asahi Shimbun202165%
(75%)
22%
(25%)
13% [180]
Ipsos202140%
(53%)
35%
(47%)
(another 29% support some rights)
25% not sure
±3.5% [159]
Flag of Kazakhstan.svg Kazakhstan Pew Research Center20167%
(7%)
89%
(93%)
4% [160] [161]
Flag of Latvia.svg Latvia Eurobarometer201924%
(26%)
70%
(74%)
6% [163]
Flag of Liechtenstein.svg Liechtenstein Liechtenstein Institut202172%28%0% [181]
Flag of Lithuania.svg Lithuania Eurobarometer201930%
(32%)
63%
(68%)
7% [163]
Flag of Luxembourg.svg Luxembourg Eurobarometer201985%
(90%)
9%
(10%)
6% [163]

Flag of Malaysia.svg Malaysia

Ipsos20218%
(10%)
73%
(90%)
(another 8% support some rights)
19% not sure
±4.8% [lower-alpha 15] [159]
Flag of Malta.svg Malta Eurobarometer201967%
(73%)
25%
(27%)
8% [163]
Flag of Mexico.svg Mexico Ipsos202163%
(73%)
23%
(27%)
(another 13% support some rights)
14% not sure
±4.8% [lower-alpha 15] [159]
Flag of Moldova.svg Moldova Pew Research Center20155%
(5%)
92%
(95%)
3%±4% [160] [161]
Flag of Mozambique.svg Mozambique (3 cities)Lambda201728%
(32%)
60%
(68%)
12% [182]
Flag of the Netherlands.svg Netherlands Ipsos202184%
(90%)
9%
(10%)
(another 6% support some rights)
8% not sure
±4.8% [159]
Flag of New Zealand.svg New Zealand Colmar Brunton201263%
(66%)
31%
(33%)
5% [183]
Herald DigiPoll201350%?48%2%?±3.6% [184]
Flag of Nicaragua.svg Nicaragua AmericasBarometer201725%75%±1.0% [158]
Flag of Norway.svg Norway Pew Research Center201772%
(79%)
19%
(21%)
9% [160] [161]
Flag of Panama.svg Panama AmericasBarometer201722%78%±1.1% [158]
Flag of Paraguay.svg Paraguay AmericasBarometer201726%74%±0.9% [158]
Flag of Peru.svg Peru Ipsos202135%
(41%)
51%
(59%)
(another 33% support some rights)
14% not sure
±4.8% [lower-alpha 15] [159]
Flag of the Philippines.svg Philippines SWS201822%
(26%)
61%
(73%)
16% [185]
Flag of Poland.svg Poland Ipsos202248%
(50%)
47%
(49%)
(another 10% support civil unions)
4% not sure
[186]
Ipsos202129%
(33%)
60%
(67%)
(another 38% support some rights)
12% not sure
±4.8% [159]
Flag of Portugal.svg Portugal Eurobarometer201974%
(79%)
20%
(21%)
6% [163]
Flag of Romania.svg Romania ACCEPT Romania202126%74%(another 17% support legal protection)±3% [187]
Flag of Russia.svg Russia Ipsos202117%
(21%)
64%
(79%)
(another 12% support some rights)
20% not sure
±4.8% [lower-alpha 15] [159]
FOM20197%
(8%)
85%
(92%)
8%±3.6% [188]
Flag of Saint Kitts and Nevis.svg Saint Kitts and Nevis AmericasBarometer20179%91%±1.0% [158]
Flag of Saint Lucia.svg Saint Lucia AmericasBarometer201711%89%±0.9% [158]
Flag of Saint Vincent and the Grenadines.svg Saint Vincent and the Grenadines AmericasBarometer20174%96%±0.6% [158]
Flag of Serbia.svg Serbia Pew Research Center201512%
(13%)
83%
(87%)
5%±4% [160] [161]
Flag of Singapore.svg Singapore IPS201927%
(31%)
60%
(69%)
13% [189]
Flag of Slovakia.svg Slovakia Eurobarometer201920%
(22%)
70%
(78%)
10% [163]
Flag of Slovenia.svg Slovenia Eurobarometer201962%
(64%)
35%
(36%)
3% [163]
Flag of South Africa.svg South Africa Ipsos202159%
(69%)
27%
(31%)
(another 12% support some rights)
14% not sure
±4.8% [lower-alpha 15] [159]
Flag of South Korea.svg South Korea Ipsos202136%
(45%)
44%
(55%)
(another 18% support some rights)
20% not sure
±4.8% [159]
Flag of Spain.svg Spain Ipsos202176%
(85%)
13%
(15%)
(another 8% support some rights)
11% not sure
±3.5% [159]
Flag of Suriname.svg Suriname AmericasBarometer201418% [164]
Flag of Sweden.svg Sweden Ipsos202179%
(86%)
13%
(14%)
(another 10% support some rights)
8% not sure
±4.8% [159]
Flag of Switzerland.svg Switzerland gfs-zürich202082%
(83%)
17%
(17%)
1%±3.2% [190]
Flag of the Republic of China.svg Taiwan Department of Gender Quality (DGE)202160.4% [191]
Flag of Thailand.svg Thailand NIDA Poll201559%
(63%)
35%
(37%)
6% [192]
Flag of Trinidad and Tobago.svg Trinidad and Tobago AmericasBarometer201416% [164]
Flag of Turkey.svg Turkey Ipsos202124%
(35%)
45%
(65%)
(another 20% support some rights)
32% not sure
±4.8% [lower-alpha 15] [159]
Flag of Ukraine.svg Ukraine Kyiv International Institute of Sociology202227%
(39%)
42%
(61%)
31%±2.4% [193]
Flag of the United Kingdom.svg United Kingdom Ipsos202168%
(76%)
21%
(24%)
(another 14% support some rights)
11% not sure
±3.5% [159]
Flag of the United States.svg United States Ipsos202159%
(68%)
28%
(32%)
(another 13% support some rights)
13% not sure
±3.5% [159]
Gallup202170%
(71%)
29%
(29%)
1%±4% [194]
Flag of Uruguay.svg Uruguay AmericasBarometer201775%25%±1.1% [158]
Flag of Venezuela.svg Venezuela AmericasBarometer201739%61%±1.2% [158]
Flag of Vietnam.svg Vietnam iSEE201434%
(39%)
53%
(61%)
13% [195]

See also

Notes

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Same-sex marriage is legally recognized throughout Mexico, and it is legally available in most states and in its consulates abroad, though the process is not everywhere as straightforward as it is for opposite-sex marriage and does not always include adoption rights. Locally, it is available only by court injunction (amparo) in three states, namely Tabasco, Mexico (Edomex) and Tamaulipas, and courts in all states are legally required to issue an injunction when petitioned. Same-sex marriage is available in some municipalities in Guerrero.
  6. Same-sex marriage is performed and recognized by law in the continental Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba. Marriages entered into there have minimal recognition in Aruba, Curaçao and Sint Maarten, which together make up the Kingdom of the Netherlands.
  7. 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.
  8. Same-sex marriage is performed and recognized in Taiwan, but unlike opposite-sex married couples, same-sex married couples have not been able to adopt unrelated children as a couple without a court order, though one spouse may adopt the other's genetic children.
  9. 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.
  10. Same-sex marriage is performed and recognized by law in all fifty states of the USA and in the District of Columbia, in all overseas territories except American Samoa, 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, Choctaw, Chickasaw 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.
  11. Legally available in the Arizona municipalities of Bisbee, Clarkdale, Cottonwood, Jerome, Sedona and Tucson.
  12. 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.
  13. 1 2 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.
  14. Comprises: Neutral; Don't know; No answer; Other; Refused.
  15. 1 2 3 4 5 6 7 8 9 10 [+ more urban/educated than representative]

Related Research Articles

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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 except child adoption and/or the title itself.

A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others.

<span class="mw-page-title-main">Same-sex marriage in the United States</span> Marriage between members of the same gender within the United States of America

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

Same-sex adoption refers to the adoption of children by couples of the same legal sex or gender, which may take the form of a joint adoption by a same-sex couple or adoption by one partner of the other's biological child. Joint adoption by same-sex couples is legal in twenty-seven countries as well as several subnational jurisdictions and dependent territories. Furthermore, some form of step-child adoption is legal for same-sex couples in five additional countries.

This is a list of notable events in the history of LGBT rights that took place in the year 2005.

Same-sex marriage has been legally recognized in the U.S. state of New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. It was legalized under state law on 10 January 2022.

<span class="mw-page-title-main">LGBT rights in Venezuela</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Venezuela face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is 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.

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.

<span class="mw-page-title-main">Legal status of same-sex marriage</span> Overview of the legal status of 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.

<span class="mw-page-title-main">LGBT rights in Mexico</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Mexico have expanded in recent years, in keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.

Same-sex marriage in Connecticut has been legally recognized since November 12, 2008, following a state court decision that found the state's civil unions failed to provide same-sex couples with rights and privileges equivalent to those of marriage. Connecticut was the second U.S. state to legalize same-sex marriage, after neighboring Massachusetts.

Same-sex marriage has been legally recognized in the U.S. state of Maryland since January 1, 2013. In 2012, the state's Democratic representatives, led by Governor Martin O'Malley, began a campaign for its legalization. After much debate, a law permitting same-sex marriage was passed by the General Assembly in February 2012 and signed on March 1, 2012. The law took effect on January 1, 2013 after 52.4% of voters approved a statewide referendum held on November 6, 2012. The vote was hailed as a watershed moment by gay rights activists and marked the first time marriage rights in the United States have been extended to same-sex couples by popular vote.

This is a list of notable events in the history of LGBT rights that took place in the year 2008.

Same-sex marriage in Guam has been legal since June 9, 2015 in accordance with a ruling from the District Court of Guam on June 5 that the territory's prohibition of same-sex marriage was unconstitutional. Guam was the first overseas territory of the United States to recognize same-sex marriage. On August 27, 2015, the Guam Marriage Equality Act of 2015 passed by the Guam Legislature came into effect, officially incorporating the federal court ruling into statutory law.

Same-sex marriage in Delaware has been legally recognized since July 1, 2013. Governor Jack Markell signed legislation on May 7, 2013, just hours after its passage in the Delaware House of Representatives and Senate, legalizing same-sex marriage. Though Rhode Island enacted legislation legalizing same-sex marriage before Delaware, on July 1, Delaware became the eleventh U.S. state, and twelfth US jurisdiction, to allow same-sex couples to marry, preceding Minnesota and Rhode Island by one month.

<span class="mw-page-title-main">Same-sex marriage and the family</span>

Concerns regarding same-sex marriage and the family are at the forefront of the controversies over legalization of same-sex marriage. In the United States, an estimated 1 million to 9 million children have at least one lesbian, gay, bi, trans, intersex, or queer parent. Concern for these children and others to come are the basis for both opposition to and support for marriage for LGBT couples.

The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions who may consist of at least one servicemember of a nation's military.

This is a list of notable events in the history of LGBT rights that took place in the year 2015.

This is a list of notable events in LGBT rights that took place in the 2010s.

The recognition of same-sex unions varies by country.

References

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  2. Staff (26 September 2022). "Cuba Family Code: Country votes to legalise same-sex marriage". BBC News . Retrieved 26 September 2022.
  3. "Llei 30/2022, del 21 de juliol, qualificada de la persona i de la família". Bopa.ad. Retrieved 24 August 2022.
  4. Williams, CA., Roman Homosexuality: Second Edition, Oxford University Press, 2009, p. 280, p. 284.
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  7. "Same-sex Oklahoma couple marries legally under tribal law". KOCO. 26 September 2013. Archived from the original on 22 October 2013. Retrieved 22 October 2013.
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  9. Multiple sources:
  10. "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)" (PDF). Archived (PDF) from the original on 26 December 2010. Retrieved 5 November 2010.
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  12. Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy — Page 13, Wallace Swan – 2004
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  14. "The freedom of religion argument could actually make gay marriage opponents more tolerant". The Washington Post. 10 April 2015. Retrieved 19 July 2022.
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  16. Multiple sources:
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  18. "Marriage 101". Freedom to Marry. Archived from the original on 16 February 2010. Retrieved 28 September 2012.
  19. Pratt, Patricia (29 May 2012). "Albany area real estate and the Marriage Equality Act". Albany Examiner. Retrieved 25 December 2012. 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.
  20. "Vote on Illinois marriage equality bill coming in January: sponsors". Chicago Phoenix. 13 December 2012. Archived from the original on 26 December 2012. Retrieved 23 December 2012.
  21. "Commission endorses marriage and adoption equality". Human Right Commission New Zealand. Archived from the original on 2 December 2012. Retrieved 23 December 2012.
  22. Mulholland, Helene (27 September 2012). "Ed Miliband calls for gay marriage equality". The Guardian. London, UK. Archived from the original on 28 September 2013. Retrieved 23 December 2012.
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  24. @apstylebook (12 February 2019). "The term same-sex marriage is preferred over gay marriage. In places where it's legal, same-sex marriage is no different than other marriages, so the term should be used only when germane and needed to distinguish from marriages between heterosexual couples. #APStyleChat" (Tweet) via Twitter.
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