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LGBTQportal |
Same-sex marriage has been legal in Estonia since 1 January 2024. [1] [2] 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. [3] 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, [4] and took effect on 1 January 2024. [5] 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.
Registered partnerships which provide some of the rights, benefits and obligations of marriage have been available to same-sex couples since 1 January 2016. [6]
In December 2005, the launch of a new family law bill by the Ministry of Justice, explicitly defining marriage as a "union of a man and a woman", initiated a public debate on the issue of recognition of same-sex unions. The Ministry of Social Affairs, led by Minister Jaak Aab, expressed reservations about the draft law. The public debate attracted a significant response from LGBT rights groups, which opposed the family law bill and urged the government not to discriminate between same-sex and opposite-sex couples in marriage, stating that, "We call on the government to drop a clause in the draft law on the family, which does not allow the registration of same-sex marriages or partnerships". On 4 January 2006, five Estonian NGOs supporting LGBT rights issued a press release calling for a new partnership law to give same-sex couples equal rights with opposite-sex couples. [7] On the other hand, a number of conservative politicians claimed that Estonia was "not yet ready" for same-sex marriage and that there was no need to create a separate law on same-sex unions since existing laws already implied the protection of some of these unions, despite not mentioning same-sex unions explicitly. Väino Linde, the chief of the Constitution Commission of the Riigikogu, stated that he was "glad to see the conservative views in the Parliament and in the [Constitution] Commission". [8]
As of 2005, the Social Democratic Party was the only political party to publicly affirm its support for same-sex unions. The Centre Party and the Reform Party said that they would tolerate such a law, whereas various right-wing parties, particularly the Pro Patria and Res Publica Union, stated their opposition to the recognition of same-sex unions. [8]
In July 2008, the Ministry of Justice, led by Minister Rein Lang, announced that it was drafting a registered partnership law for same-sex couples. The law, initially expected to come into force in 2009, was intended to provide a number of rights for same-sex couples, such as inheritance and shared property ownership. The law had the support of most parties in the Riigikogu. [9] The Ministry of Justice studied proposals for the registration of unmarried couples, including same-sex couples. A comprehensive report was released in July 2009 examining three options: the recognition of unregistered cohabitation; the creation of a partnership registry; and the extension of marriage to same-sex couples. It left the decision over which model to implement to the Riigikogu and other "stakeholders". [10] [11] On 1 July 2010, a new family law was passed, defining marriage as between "a man and a woman" and declaring unions between members of the same sex "null and void". Prime Minister Andrus Ansip was quoted as saying, "I do not believe that Estonia, Latvia and Lithuania will soon accept same-sex marriage in the eyes of the law". [12]
On 25 May 2011, Chancellor of Justice Indrek Teder requested that the Ministry of Justice introduce a civil partnership law, [13] calling the non-recognition of same-sex relationships contrary to the Constitution of Estonia. Thereafter, partnership recognition again became an active political discussion in Estonia.
The Reform Party and the Social Democratic Party supported introducing a partnership law, against the opposition of the conservative Pro Patria and Res Publica Union. The Centre Party supported a discussion on the issue. [14] A bill was drafted in August 2012 by the Ministry of Justice, now led by Minister Kristen Michal, and was under public consultation until 1 October 2012. [15] [16] [17] In March 2014, a parliamentary group began to examine the draft bill. [18] The legislation, entitled the Registered Partnership Act (Estonian : Kooseluseadus), was submitted to Parliament on 17 April 2014. [19] [20] [21] [22] On 22 May, it was backed by the Rõivas I Government, [23] and on 19 June 2014, Parliament rejected a motion to kill the bill at first reading in a 32–45 vote. [24] The second reading took place on 8 October, where a motion to hold a referendum on the bill was defeated in a 35–42 vote and another motion to kill it was defeated in a 33–41 vote. [25] The bill passed its final vote on 9 October in a 40–38 vote. It was signed into law by President Toomas Hendrik Ilves the same day and took effect on 1 January 2016. [26] [27]
Registered partnerships (Estonian : kooseluleping, [28] pronounced [ˈkoːselulepiŋg] ) grant couples some, but not all, of the rights, benefits, obligations and responsibilities of marriage. [29] Partners are required to financially support each other, are granted similar property rights to married spouses and have the right to adopt their partner's children (i.e. stepchild adoption). Partnerships performed in other countries are legally recognised in Estonia. [29]
Party | Voted for | Voted against | Abstained | Absent (Did not vote) |
---|---|---|---|---|
G Estonian Reform Party | ||||
Estonian Centre Party | ||||
Pro Patria and Res Publica Union | – | |||
G Social Democratic Party | – | |||
Total | 40 | 38 | 10 | 13 |
39.6% | 37.6% | 9.9% | 12.9% |
In February 2017, the Tallinn Administrative Court ruled that the Ministry of the Interior had to register the stepchild adoption of a same-sex couple. The Ministry announced it would not appeal the decision. [30] In January 2018, the Tartu Circuit Court ruled that a lesbian couple in a registered partnership may adopt, overturning a lower court ruling which had rejected the couple's adoption application. [31]
During the public debate about the bill, a number of public figures came out as gay, including choreographer Jüri Nael, [32] actor Risto Kübar, [33] fashion designer Aldo Järvsoo, [34] and singer Lauri Liiv. [35]
For several years after the passage of the bill, some implementing acts required for the law to enter into force were not passed by the Riigikogu. The conservative Pro Patria and Res Publica Union, which joined the Rõivas II Government after the March 2015 elections, argued that these acts should be passed in Parliament rather than by the cabinet, creating a dispute with the Reform Party and the Social Democrats. [36] On 25 November 2015, Parliament rejected a motion to kill an implementing bill at first reading in a 41–42 vote. [37] On 10 December, the chairman of the Legal Affairs Committee announced that the committee would not finish work on the bill and asked Parliament to begin the second reading before 17 December, before it adjourned on 11 January. This meant that the Registered Partnership Act would take effect without implementing measures, causing a number of legal loopholes and problems. [38] [39] Further readings were scheduled for the end of January 2016. [40] In January 2017, the chairman of the Legal Affairs Committee of Parliament, Jaanus Karilaid, said that the implementing acts for the registered partnership law were unlikely to be adopted in the current term of Parliament, as passing these laws "would only result in new confrontations". At the same time, Karilaid suggested that Parliament did not have the numbers to repeal the underlying partnership law. [41] Prime Minister Jüri Ratas echoed his suggestion, saying that the law would be repealed by neither the current nor the subsequent parliament. [42] In September 2017, President Kersti Kaljulaid criticised the Parliament for failing to pass the implementing acts. [43]
Because the Riigikogu did not adopt the implementation acts, same-sex couples in Estonia were in legal limbo, and increasingly turned to the courts in order to have their rights recognised. Numerous partnerships were performed in Estonia, but these unions were initially not entered into the population registry. [44] A same-sex couple filed a legal complaint with the Tallinn Administrative Court in August 2016. [45] In February 2017, the court ordered the government to pay monetary damages for failing to adopt the implementing acts. [46] On 10 April 2018, the Supreme Court ruled that the law is in effect and should be enforced despite the lack of implementing measures. [47]
On 17 January 2023, the Supreme Court upheld a lower court ruling which requires registered partnerships to be entered into the population register. [48] On 27 January, Minister of the Interior Lauri Läänemets signed a protocol allowing same-sex registered partners to share a common surname. [49] On 8 April 2023, the government formed following the March 2023 parliamentary election promised to pass an implementing bill. [a] [50] [51] A bill implementing the partnership law passed its final reading in the Riigikogu on 20 June 2023. It was signed by President Alar Karis on 27 June, and took effect on 1 January 2024 alongside legislation opening marriage to same-sex couples. Registered partnerships remain in effect and available for both opposite-sex and same-sex couples. [52]
In February 2016, several politicians (mostly from the Estonian Free Party) introduced the Same-Sex Partnership Bill to the Riigikogu, aimed at repealing the Registered Partnership Act and creating a separate law for same-sex couples. Andres Herkel, spokesman for the Free Party, justified the need for the bill and criticised the partnership act, arguing it had "brought legal confusion to include same-sex couples and opposite-sex couples in the same law", "The including of the regulation concerning different-sex couples and same-sex couples in one Act is the basis of very many conceptual confusion." The bill was opposed by the Conservative People's Party, the Reform Party and the Social Democrats, and ultimately failed 14–55 in Parliament. [53]
In October 2017, the Riigikogu voted against a bill which sought to repeal the Registered Partnership Act. [54] The repeal bill, [b] supported by the Conservative People's Party and the Pro Patria and Res Publica Union, was rejected by a vote of 19–47 at first reading on 17 October. The Social Democrats, the Reform Party and the two independents opposed the bill, arguing it would "take rights away". The Centre Party was split with some voting against the bill and others abstaining, whilst the Free Party mostly abstained. [55] Lawmakers supporting the bill claimed that the Registered Partnership Act had "brought division within Estonian society".
Party | Voted for | Voted against | Abstained | Absent (Did not vote) |
---|---|---|---|---|
Estonian Reform Party | ||||
G Estonian Centre Party | – | |||
G Social Democratic Party | – | – | – | |
G Pro Patria and Res Publica Union | – | |||
Estonian Free Party | – | |||
Conservative People's Party | – | – | – | |
Independent | – | – | – | |
Total | 19 | 47 | 20 | 15 |
18.8% | 46.5% | 19.8% | 14.9% |
29 same-sex partnerships had been performed by August 2016. [45] By October 2017, 59 cohabitation agreements had been concluded. [57]
In June 2017, the Estonian Supreme Court ruled that same-sex couples have a right to the protection of family life. Clarifying the courts' jurisdiction in the matter of applying legal protection in residence permit disputes, the court ruled that Estonian law does not forbid issuing a residence permit to same-sex spouses. [58]
In November 2017, the Tallinn Circuit Court ruled that an American woman, in a same-sex relationship with an Estonian woman, could not be issued a residence permit. The couple appealed to the Supreme Court, [59] which dismissed their case in April 2018. [60] The couple entered into a registered partnership, as the Supreme Court had ruled that same month that the partnership law was in effect. This enabled the American partner to reside in Estonia. [61] Following a ruling by the European Court of Justice in June 2018 relating to the rights of same-sex couples in the European Union, an Estonian court ruled that same-sex couples must be treated the same way as opposite-sex couples in the issuance of residence permits. [62] [63]
On 21 June 2019, the Supreme Court ruled in two cases that the refusal to grant a residence permit to the foreign same-sex partner of an Estonian citizen was unconstitutional. The court ruled that the provision preventing the granting of temporary residence permits to same-sex partners was unconstitutional and invalid in respect of the Aliens Act (Estonian : Välismaalaste seadus). In accordance with the principles of human dignity and equal treatment guaranteed by the Constitution of Estonia, the Supreme Court found that family law also protects the right of people of the same sex to live in Estonia as a family. [64] [65] [66]
A same-sex marriage was recognised by a court in December 2016. [67] [68] [69] [70] The couple, two men who had originally married in Sweden but now lived in Estonia, had their marriage officially registered in late January 2017. [71] [72] Initially, a court in Harju County had refused to register their marriage, but the couple appealed the decision. In December, the Tallinn Circuit Court ruled that the marriage must be entered into the Estonian population registry. [72] Much uncertainty followed the ruling, concerning whether the ruling applied universally to all couples or only to this specific case. According to several Estonian jurists and lawyers, whether a same-sex marriage would be recognized had to be assessed on a case-by-case basis. [73] Others argued that the Private International Law Act (Estonian : Rahvusvahelise eraõiguse seadus), the law which applies when the validity of foreign marriages needs to be assessed, did not explicitly prohibit the recognition of same-sex marriages. [69] [74] In March 2017, Martin Helme of the Conservative People's Party, speaking in the Riigikogu, threatened the judges who issued the ruling, saying he wanted their "heads to roll". Many criticised his comments, including President Kersti Kaljulaid, Chief Justice Priit Pikamäe and Speaker of Parliament Eiki Nestor. [75]
In November 2017, Archbishop Urmas Viilma of the Estonian Evangelical Lutheran Church argued that the Estonian Constitution should define marriage as between "a man and a woman". This proposal was supported by the 2019 election platforms of both the Conservative People's Party, [76] and Isamaa. [77] Speaker Eiki Nestor rejected the call, saying "that not even the Bible made such a specification, and neither should the Constitution". [78]
In December 2021, the Ministry of the Interior confirmed that transgender people can change their legal gender while remaining married to their spouse. Estonian law permits the Ministry to petition to annul such a marriage under a "public interest" defense. A spokesman for the Ministry said, "during the last five or six years, significant changes have taken place in society, as a result of which it can no longer be said that the marriage of a same-sex couple is contrary to Estonian public order." [79]
Following the 2019 elections, the Centre Party entered into a coalition government with the Conservative People's Party and Isamaa. The People's Party made a referendum on same-sex marriage a condition for joining the government. Eventually, the coalition agreement between the three parties included the pledge of conducting a referendum on same-sex marriage. The referendum would have asked voters whether the Estonian Constitution should define marriage as the "union of a man and a woman". Initially, the referendum was supposed to be binding and directly amend the Constitution if approved by voters; however, after several months of controversy and debate, the government decided that the referendum would be non-binding and would gauge public opinion on the issue. [80] The government agreed to hold the referendum in spring 2021. [81] The referendum proposal was widely criticized by the Reform Party and the Social Democrats. Opponents argued that the measure was "divisive", "confusing", and "unnecessary". [82] In November 2020, Prime Minister Jüri Ratas announced that the wording of the referendum would likely be: "Should marriage in Estonia remain as a union between one man and one woman?" Ratas made assurances that the referendum would take place in spring 2021, though an exact date had not yet been agreed on. Further controversy arose when the Election Committee announced it would not be possible to hold the referendum in spring if the government wanted to use a new electronic voter list, in line with recently passed legislation. [83] [84]
In response to the referendum proposal, the extra-parliamentary Estonian Greens launched a petition in October 2020 on the government website rahvaalgatus.ee calling for the legalisation of same-sex marriage. The portal allows citizens to present various petitions, with petitions receiving more than 1,000 signatures referred to the Riigikogu for consideration. The marriage petition by the Greens was signed by 35,805 people by its deadline, becoming the most signed petition in the portal's history and surpassing the previously most signed petition which had received 7,000 signatures. [85] [86] [87] The Social Democratic Party formally announced its support for same-sex marriage on 1 November 2020, becoming the first mainstream political party in Estonia to do so. [88] Estonia 200 also supports same-sex marriage.
A draft bill to hold the marriage referendum on 18 April 2021 passed its first reading on 14 December 2020. A motion to kill the bill failed by a vote of 48–51, with the Reform Party, the Social Democrats and some Isamaa MPs opposing the bill. [89] Leader of the Reform Party Kaja Kallas argued that the planned referendum was "pointless, ridiculous and cruel", adding, "Generally, we have nothing against referenda. The opinion of the people can be sought in matters of national importance; however, what is being offered to us now is not an issue of national importance." Kallas argued that the funds needed for the referendum would be better used in matters relating to the COVID-19 pandemic. Before the bill's second reading, the Social Democrats and Reform Party introduced some 9,370 amendments to the proposed bill, with the aim of paralyzing the work of the Parliament and causing the bill to be shelved. Many of the amendments were of a humorous nature, such as: "Should men be banned from having hair transplants in the Republic of Estonia?" or "Should friendship be banned in Estonia?" [90] This prompted the Constitutional Affairs Committee chair, Anti Poolamets, to limit MPs' floor time to a few minutes. The bill's second reading was scheduled for 13 January 2021. However, on that same day, Ratas resigned as prime minister after his Centre Party was suspected of "criminal involvement" in an influence peddling scandal, causing the fall of the government. [91] Following the fall of the government, Centre MP Andrei Korobeinik proposed to withdraw the bill. Poolamets nevertheless decided to put it to a vote, and the bill was defeated by a vote of 26–49. On 26 January 2021, Kallas became prime minister and a new government of the Reform and Centre parties was sworn in. [92]
On 8 April 2023, the incoming government of the Reform Party, Estonia 200 and the Social Democratic Party, formed following the March 2023 election, promised to legalize same-sex marriage by changing the Family Law Act (Estonian : Perekonnaseadus) to define marriage as between "two adults". [e] [50] [51] Prime Minister Kaja Kallas said the government would legislate for marriage equality "as fast as possible". [96] Minister of Social Protection Signe Riisalo said on 19 April that she hoped a draft same-sex marriage bill would be discussed by the Riigikogu before the summer legislative break. [97] The government approved a draft same-sex marriage bill in May 2023 and sent it to the Riigikogu on 15 May. The bill would also guarantee same-sex couples full adoption rights and implement the registered partnership law. It was approved at first reading on 22 May, with a motion to kill the bill failing 27–53. That same day, a petition in support of same-sex marriage signed by 600 prominent Estonians, including former presidents Toomas Hendrik Ilves and Kersti Kaljulaid, writer Aino Pervik, film director Mart Kivastik, actor Mait Malmsten, and actress Karin Rask, was presented to the Riigikogu. [98]
Party | Voted for | Voted against | Abstained | Absent (Did not vote) |
---|---|---|---|---|
G Estonian Reform Party | – | 31
| ||
Conservative People's Party | – | – | ||
Estonian Centre Party | – | |||
G Estonia 200 | – | – | – | |
G Social Democratic Party | – | – | ||
Isamaa | – | |||
Total | 27 | 53 | 12 | 9 |
26.7% | 52.5% | 11.9% | 8.9% |
The legislation was approved in its final reading on 20 June by 55 votes to 34. [100] It was signed into law by President Alar Karis on 27 June, [4] and took effect on 1 January 2024. [101] [102] Following the vote, Riisalo said, "Guaranteeing equal rights for all is such an elementary thing that this issue was essentially covered in the discussions that took place in the years immediately after we regained our independence. I am delighted that the decision has now been taken for a more forward-looking Estonia that cares for all." [52] Article 1 of the Family Law Act was amended to read: [103] Marriage is concluded between two natural persons. [f]
Party | Voted for | Voted against | Abstained | Absent (Did not vote) |
---|---|---|---|---|
G Estonian Reform Party | 32
| – | ||
Conservative People's Party | – | – | ||
Estonian Centre Party | – | – | ||
G Estonia 200 | – | – | – | |
G Social Democratic Party | – | – | – | |
Isamaa | – | – | – | |
Total | 55 | 34 | 1 | 11 |
54.5% | 33.7% | 1% | 10.9% |
As Estonia requires a one-month waiting period between the initial application for a marriage license and the time the marriage becomes official, the first same-sex marriages were performed on 2 February. [105]
By June 2024, 93 same-sex couples had married in Estonia; 64 female couples and 29 male couples. [106]
The Estonian Evangelical Lutheran Church opposes same-sex marriages. In 2021, Archbishop Urmas Viilma expressed his personal support for civil unions. [107] [108] In September 2023, the church announced it would stop performing all marriage ceremonies in protest of the passage of the same-sex marriage legislation in the Riigikogu. [109] However, in October 2023, the church announced it would perform marriages for heterosexual couples and reaffirmed its opposition to same-sex marriage. [110]
A poll conducted in June 2009 indicated that 32% of Estonians believed same-sex couples should have the same legal rights as opposite-sex couples. Support was 40% among young people, compared to 6% among older people. [111]
A poll conducted in September 2012 found that 34% of Estonians supported same-sex marriage and 46% supported registered partnerships, with 60% and 45% opposed, respectively. The poll found an ethnic divide, with 51% of ethnic Estonians supporting registered partnerships, compared to only 21% of ethnic Russians. [112] A similar poll conducted in 2014 during the parliamentary debate on registered partnerships found that support had dropped significantly, with 29% of respondents supporting same-sex marriage and 40% supporting registered partnerships; opposition had increased to 64% and 54%, respectively. [113]
The 2015 Eurobarometer survey showed that 31% of Estonians supported same-sex marriage, while 58% were opposed. [114] A poll conducted between March and April 2017 found that, while support for same-sex registered partnership legislation was almost unchanged in three years, support for same-sex marriage had increased to 39%, with 52% opposed (compared to 60% opposed in 2012 and 64% opposed in 2014). [113] [115] [116] It also found that acceptance of homosexuality had increased from 34% in 2012 to 41%, with 52% against. At the same time, support for joint adoption rights remained unchanged, with 66% opposed. [117] Support for registered partnerships was highest among young people and Estonian speakers. [57]
The 2019 Eurobarometer found that 41% of Estonians thought same-sex marriage should be allowed throughout Europe, while 51% were opposed. [118] A poll conducted following the failed referendum attempt showed that support for same-sex marriage and registered partnerships had increased in Estonia. The survey conducted by the Estonian Human Rights Centre and Turu-uuringute AS in 2021 showed that 64% of Estonians supported same-sex registered partnerships (35% "fully" and 29% "somewhat"), and 47% supported same-sex marriage. Support was highest among Estonian speakers; with support for partnerships rising to 72% and for same-sex marriage to 53%. [119] Support for partnerships fell to 47% among native speakers of other languages (mostly the Russian-speaking minority), and to 35% for same-sex marriage. In addition, 53% of Estonians considered same-sex attraction "acceptable", with 73% of people aged 15–19 agreeing.
A poll conducted in March 2023 by the Liberal Citizen Foundation (SALK; Sihtasutus Liberaalne Kodanik) found that 44.9% of respondents were in favour of same-sex marriage (24.6% "fully" and 20.3% "somewhat") and 43.4% were against (29.3% "fully" and 14.1% "somewhat"), while 11.7% were undecided or had refused to answer. [120] An April 2023 poll commissioned by the Estonian Human Rights Center and carried out by Turu-uuringute AS showed that 53% of Estonians supported same-sex marriage. Support was highest among Estonian speakers at 58% and among people aged 20–29 at 75%. [121] The 2023 Eurobarometer found that 41% of Estonians thought same-sex marriage should be allowed throughout Europe, while 51% were opposed. The survey also found that 51% of Estonians thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 42% disagreed. [122]
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 Germany since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Steinmeier and published in the Federal Law Gazette on 28 July 2017. Previously, the governing CDU/CSU had refused to legislate on the issue of same-sex marriage. In June 2017, Chancellor Angela Merkel unexpectedly said she hoped the matter would be put to a conscience vote. Consequently, other party leaders organised for a vote to be held in the last week of June during the final legislative session before summer recess. The Bundestag passed the legislation on 30 June by 393 votes to 226, and it went into force on 1 October. Polling suggests that a significant majority of Germans support the legal recognition of same-sex marriage. Germany was the first country in Central Europe, the fourteenth in Europe, and the 22nd in the world to allow same-sex couples to marry nationwide.
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.
Same-sex marriage has been legal in Switzerland since 1 July 2022. Legislation to open marriage to same-sex couples passed the Swiss Parliament in December 2020. The law was challenged in a referendum on 26 September 2021 by opponents of same-sex marriage and was approved with the support of 64% of voters and a majority in all 26 cantons. The law went into force on 1 July 2022. A provision of the law permitting same-sex marriages performed abroad to be recognised in Switzerland took effect on 1 January 2022. Switzerland was the seventeenth country in Europe and the 30th in the world to allow same-sex couples to marry.
Same-sex marriage has been legal in Slovenia since 9 July 2022 in accordance with a ruling from the Constitutional Court of Slovenia. The court had ruled that the ban on same-sex marriages violated the Constitution of Slovenia and gave the Parliament six months to amend the law to align with the ruling, although the decision took effect immediately after publication. The National Assembly passed legislation to align with the court ruling on 4 October 2022, which was vetoed by the National Council one week later, but the veto was then overridden by the National Assembly on 18 October 2022.
Same-sex marriage will soon be legal in Liechtenstein. In November 2022, the Landtag passed a motion calling on the government to introduce a bill legalizing same-sex marriage, with broad support from across the political spectrum. A bill legalizing same-sex marriage was introduced in February 2024 and passed its final reading in the Landtag on 16 May 2024 by a 24–1 vote. It received royal assent from Prince Alois on 9 July 2024, and is scheduled to enter into force on 1 January 2025. Polling suggests that a majority of Liechtensteiners support the legal recognition of same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Estonia have advanced significantly over the course of the last few decades, especially since the turn of the 21st century. Among the countries which after World War II were controlled by the former Soviet Union, independent Estonia is now considered to be one of the most liberal when it comes to LGBTQ rights. There is a notable age gap, as younger people tend to be more tolerant and liberal, while older people tend to be more socially conservative.
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.
Same-sex marriage is legal in Aruba and Curaçao, two constituent countries of the Kingdom of the Netherlands, in accordance with a ruling from the Supreme Court of the Netherlands issued on 12 July 2024. In September 2021, a lower court in Curaçao ruled that preventing same-sex couples from marrying violates the equality provisions of the Constitution of Curaçao, but left the decision of whether to legalise same-sex marriage up to the Parliament. In December 2022, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba ruled on appeal that Aruba's and Curaçao's same-sex marriage bans were unconstitutional. The court order was set to go into effect on 7 March 2023 if not appealed to the Supreme Court; however, the governments of both Curaçao and Aruba subsequently appealed. On 12 July 2024, the Supreme Court upheld the lower court ruling, effectively legalizing same-sex marriage in Aruba and Curaçao with immediate effect.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the Republic of Ireland are regarded as some of the most progressive in Europe and the world. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBTQ issues, in part due to the opposition by the Roman Catholic Church, to one holding overwhelmingly liberal views in the space of a generation. In May 2015, Ireland became the first country to legalise same-sex marriage on a national level by popular vote. The New York Times declared that the result put Ireland at the "vanguard of social change". Since July 2015, transgender people in Ireland can self-declare their gender for the purpose of updating passports, driving licences, obtaining new birth certificates, and getting married. Both male and female expressions of homosexuality were decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Ireland also forbids incitement to hatred based on sexual orientation. Article 41 of the Constitution of Ireland explicitly protects the right to marriage irrespective of sex.
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.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Same-sex marriage has been legal in Austria since 1 January 2019. On 4 December 2017, the Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution of Austria guarantee same-sex couples the right to marry. The decision took effect on 1 January 2019, making Austria the 24th country in the world and the fifteenth in Europe to allow same-sex couples to marry nationwide. Polling indicates that a majority of Austrians support the legal recognition of same-sex marriage.
Same-sex marriage has been legal in Taiwan since 24 May 2019, making it the first country in Asia to legalize same-sex marriage. On 24 May 2017, the Constitutional Court ruled that the marriage law was unconstitutional, and that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Taiwanese Constitution. The ruling gave the Legislative Yuan two years to bring the law into compliance, after which registration of such marriages would come into force automatically. In November 2018, the Taiwanese electorate passed referendums to prevent recognition of same-sex marriages in the Civil Code. The government responded by confirming that it would not amend the existing marriage laws in the Civil Code, but rather prepare a separate law for same-sex couples.
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.
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.
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.
Same-sex marriage is currently not recognised nor performed in Bermuda, a British Overseas Territory, but it was legal between 2017 and 2022. However, marriages performed during that period remain valid.
Tallinna Ringkonnakohtu otsusega tuleb Eesti rahvastikuregistrisse kanda iga välisriigis sõlmitud abielu – ka siis, kui mõlemad abikaasad on samast soost. By the decision of the Tallinn Circuit Court, every marriage contracted abroad must be entered in the Estonian Population Register – even if both spouses are of the same sex