Same-sex union court cases

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Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, [nb 1] Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, Nepal, the Netherlands, [nb 2] New Zealand, [nb 3] Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, [nb 4] the United States, [nb 5] and Uruguay. Same-sex marriage is recognized, but not performed in Israel. Furthermore, same-sex marriages performed in the Netherlands are recognized in Aruba, Curaçao and Sint Maarten.

Contents

An alternative form of legal recognition other than marriage is recognized in Croatia, Cyprus, the Czech Republic, Hungary, Italy, Latvia, Liechtenstein, Monaco, Montenegro, San Marino, and on a subnational level in Aruba, a constituent country of the Kingdom of the Netherlands and the Cayman Islands and Bermuda, territories of the United Kingdom.

International level

Several attempts have been made to establish a right to same-sex marriage at the international level through strategic litigation, at the Human Rights Committee of the United Nations and at the European Court of Human Rights, both of which currently have not yet recognized an equal right to marry for same-sex couples. The Human Rights Committee case was in 1999, with two same-sex couples as the plaintiffs/petitioners and the government of New Zealand as the defender/respondent. The ECHR case, Schalk and Kopf v Austria , was in 2010, with a same-sex couple as the plaintiffs/petitioners and the government of Austria as the respondents. Although both New Zealand and Austria then responded against the petitions then in each case, both countries now legally recognize same-sex marriage. However, new cases were raised regarding same-sex marriage recognition, e.g. Andersen v. Poland. [1]

Inter-American Court of Human Rights ruling

On 8 January 2018, the Inter-American Court of Human Rights (IACHR) ruled that the American Convention on Human Rights mandates and requires the legalisation 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 legalising same-sex marriage until new legislation is brought in. The ruling applies to the countries of Barbados, Bolivia, Chile, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Suriname. The Costa Rican Government subsequently announced that it would implement the ruling "in its totality", [2] and the Government of Panama has also signalled that it would accept the ruling. [3] [4]

Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne

On 5 June 2018, the European Court of Justice ruled that European Union member states must recognise the freedom of movement and residency rights of same-sex spouses, provided one partner is an EU citizen. [5] The Court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. Furthermore, the Court ruled that the term "spouse" is gender-neutral, and that it does not necessarily imply a person of the opposite sex. [6] [7]

National level

JurisdictionEnd dateDescriptionRestrictions
unconstitutional?
Flag of the United States.svg United States 1972The Supreme Court of the United States dismissed Baker v. Nelson "for want of a substantial federal question". [8] This decision was overturned in June 2015 by the same court in the case Obergefell v. Hodges . X mark.svg No
Flag of the Netherlands.svg Netherlands 1990The Supreme Court of the Netherlands ruled that is not discriminatory not to allow same-sex couples to marry, because marriage is open to procreation. However, the Hoge Raad stated that the Parliament is free to grant to same-sex couples most of marriage rights. [9] X mark.svg No
Flag of Israel.svg Israel 1994An Israeli court ruled that same-sex couples are entitled to the same common law benefits as opposite-sex couples. Yes check.svg Yes
Flag of Israel.svg Israel1995An Israeli court ruled that same-sex couples were entitled to further benefits. Yes check.svg Yes
Flag of Israel.svg Israel1996An Israeli court ruled that same-sex couples were entitled to even further benefits. Yes check.svg Yes
Flag of New Zealand.svg New Zealand December 1997The Court of Appeal of New Zealand ruled in Quilter v Attorney-General that marriage under common law was between one man and one woman, and the common law ban on same-sex marriage was not discriminatory under the New Zealand Bill of Rights Act 1990. X mark.svg No
Flag of South Africa.svg South Africa February 1998The Transvaal Provincial Division in Langemaat v Minister of Safety and Security ordered a medical aid scheme to register the same-sex life partner of a member as a dependent, ruling that scheme regulations excluding same-sex partners were unconstitutionally discriminatory. [10] [11] Yes check.svg Yes
Flag of Canada (Pantone).svg Canada 1999The Supreme Court of Canada ruled in M. v. H. that cohabiting same-sex partners in a common-law marriage were entitled to the same rights as unmarried cohabiting opposite-sex partners. [12] Yes check.svg Yes
Flag of South Africa.svg South AfricaDecember 1999The Constitutional Court ruled in National Coalition for Gay and Lesbian Equality v Minister of Home Affairs that foreign same-sex partners of South Africans are entitled to the same immigration benefits as foreign spouses. [13] Yes check.svg Yes
Flag of Israel.svg Israel2000An Israeli court ruled that same-sex couples were entitled to pension benefits. Yes check.svg Yes
Flag of Israel.svg Israel2001Common-law status is once again expanded to allow a partner to claim guardianship of the other's child. Yes check.svg Yes
Flag of South Africa.svg South AfricaJuly 2002The Constitutional Court ruled in Satchwell v President of the Republic of South Africa that pensions and other financial benefits provided by an employer to spouses must also be provided to same-sex life partners who have undertaken a reciprocal duty of support. [14] Yes check.svg Yes
Flag of South Africa.svg South AfricaSeptember 2002The Constitutional Court ruled in Du Toit v Minister of Welfare and Population Development that same-sex partners are entitled to adopt children jointly and to adopt each other's children as if they were married. [15] Yes check.svg Yes
Flag of Venezuela (state).svg Venezuela 2003The Supreme Court of Venezuela ruled that the government is free to introduce measures that provide for economic benefits to same-sex couples, though it is not bound by law to do so. [16] X mark.svg No
Flag of South Africa.svg South AfricaMarch 2003The Constitutional Court ruled in J v Director General, Department of Home Affairs that children born to lesbian life-partners through artificial insemination are to be regarded as legitimate in law and that both partners must be registered as the legal parents. [17] Yes check.svg Yes
Flag of Austria.svg Austria 2003The European Court of Human Rights ruled that same-sex couples must be recognized under common-law status equal to opposite-sex couples. Yes check.svg Yes
Flag of South Korea.svg South Korea July 2004A lesbian couple who have lived together for 20 years has made a palimony suit the property division by eliminating de facto marriage. [18] X mark.svg No
Flag of Israel.svg IsraelJanuary 2005The Supreme Court expanded the common-law status to include for adoption of a partner's child. Yes check.svg Yes
Flag of South Africa.svg South AfricaDecember 2005The Constitutional Court ruled in Minister of Home Affairs v Fourie that restricting marriage to opposite-sex couples was unconstitutional. The ruling, however, was suspended for one year to allow Parliament time to enact legislation to rectify the inequality. [19] Yes check.svg Yes
Flag of Costa Rica (state).svg Costa Rica May 2006The Supreme Court of Costa Rica ruled 5–2 that restricting marriage to opposite-sex couples was not unconstitutional. [20] X mark.svg No
Flag of the United Kingdom.svg United Kingdom July 2006In Wilkinson v. Kitzinger and Others the High Court ruled that recognizing same-sex marriages performed abroad as "civil partnerships" over marriages was not discriminatory. [21] X mark.svg No
Flag of Israel.svg Israel November 2006The Supreme Court of Israel ruled that the government must recognize same-sex marriages performed abroad on par with opposite-sex marriages that have been performed abroad. [22] Yes check.svg Yes
Flag of South Africa.svg South AfricaNovember 2006Days before same-sex marriage became legal, the Constitutional Court ruled in Gory v Kolver NO that a same-sex life partner is entitled to inherit automatically when the other partner dies without a will. [23] Yes check.svg Yes
Flag of Brazil.svg Brazil 2006A 2006 decision issued by the Superior Tribunal de Justiça stated that same-sex couples qualify as de facto partners. Yes check.svg Yes
Flag of Colombia.svg Colombia February 2007A Colombian court ruled that some common law benefits must be extended to same-sex couples. [24] Yes check.svg Yes
Flag of Colombia.svg ColombiaJanuary 2009The Constitutional Court of Colombia later ruled that benefits for cohabiting same-sex couples must be expanded to give them equality with cohabiting opposite-sex couples. [25] Yes check.svg Yes
Flag of Slovenia.svg Slovenia July 2009The Constitutional Court of Slovenia ruled that the registered partnership law excluding registered partners from inheritance rights was discriminatory and gave the Parliament six months to respond to the ruling. [26] Yes check.svg Yes
Flag of Portugal.svg Portugal July 2009The Constitutional Court of Portugal ruled 3–2 that the statutory ban on same-sex marriage does not violate the Portuguese constitutional provision that prohibits discrimination based on sexual orientation. [27] [28] X mark.svg No
Flag of Russia.svg Russia January 2010Two lesbians who recently married in Canada announced their intention to push for its recognition within Russia. [29] [30] Russian courts have ruled that the two are not legally able to marry, and thus the two women are seeking to use a loophole for recognition only. [31] X mark.svg No [32]
Flag of Poland.svg Poland March 2010The European Court of Human Rights ruled that homosexuals have the right to inherit from their partners. [33] Yes check.svg Yes
Flag of Italy.svg Italy April 2010The constitutionality of Italy's refusal to grant marriage licenses to same-sex couples was questioned before the Constitutional Court. [34] [35] In April 2010, the court rejected the bids from Italian couples. [36] X mark.svg No
Flag of Austria.svg AustriaJune 2010 Schalk and Kopf v. Austria challenges the validity of Austria's marriage laws in the European Court of Human Rights. [37] [38] X mark.svg No
Flag of Mexico.svg Mexico August 2010After affirming the constitutionality of Mexico City's same-sex marriage law, the Supreme Court ruled that all Mexican states are required to recognize the marriages. Yes check.svg Yes [39]
Flag of Germany.svg Germany August 2010The Constitutional Court of Germany ruled that the twenty-point higher inheritance tax for registered partners as opposed to married opposite-sex couples violated the constitution. The government had until 2011 to amend the law. Yes check.svg Yes
Flag of France.svg France January 2011France's highest court of appeal, the Court of Cassation, on November 17, 2010, asked the Constitutional Council to decide whether Articles 75 and 144 of the Civil Code are inconsistent with the preamble and Article 66 of the French constitution. [40] [41] [42] On January 28, 2011, the Council ruled that the law banning same-sex marriage is constitutional. [43] X mark.svg No
Flag of Brazil.svg BrazilMay 2011On May 5, 2011, the Supreme Federal Court ruled 10-0 that same-sex stable unions must be recognized. This decision paved the way for future legalization on same-sex matrimonial rights. [44] Yes check.svg Yes
Flag of Brazil.svg BrazilJune 2011A judge in São Paulo converted a stable union into a civil marriage. [45] Yes check.svg Yes
Flag of Colombia.svg ColombiaJuly 2011The Constitutional Court of Colombia ruled that same-sex couples are at a legal disadvantage by being excluded from marriage and ordered Congress to rectify this issue by June 20, 2013. If the deadline is not met, same-sex couples would thenceforth be able to get married by a judge or a notary. [46] Yes check.svg Yes
Flag of India.svg India July 2011The Gurgaon Court [State of Haryana] granted an individual marriage to a lesbian couple. [47] Yes check.svg Individual case
Flag of Brazil.svg BrazilOctober 2011The Superior Court of Justice ruled that two women can legally marry. Differently from the U.S. Supreme Court's "stare decisis", the Superior Court decision would only reach the authors of the demand, but stood as a precedent that could be followed in similar cases. It is the highest court in Brazil to uphold a same-sex marriage. It overturned two lower courts' rulings against the women. The Court ruled that the Constitution guarantees same-sex couples the right to marry and that the current Civil Code does not prohibit the marriage of two people of the same sex. This decision paved the way for future legalization on same-sex matrimonial rights. [48] Yes check.svg Yes
Flag of Chile.svg Chile December 2011A Court of Appeals in Santiago asked the Constitutional Court about the validity of Article 102 of the Civil Code that defines marriages only between a man and a woman, after three couples challenged the article. [49] The Constitutional Court rejected their bids in a 9–1 vote, [50] and subsequently, the Court of Appeals rejected the challenges. [51] X mark.svg No
Flag of Italy.svg ItalyMarch 2012The Supreme Court of Cassation ruled that same-sex couples are entitled to the same common law benefits as opposite-sex couples. [52] Yes check.svg Yes
Flag of Israel.svg IsraelDecember 2012Ramat Gan family court allowed a gay couple to divorce. [53] Yes check.svg Yes
Flag of Mexico.svg MexicoDecember 2012The Supreme Court of Justice of the Nation of Mexico ruled unanimously in favor of three same-sex couples who sued the state of Oaxaca for the right to marry. The ruling does not immediately eliminate marriage bans in other Mexican states, but it does set a legal precedent to begin challenging statewide marriage bans. [54] Yes check.svg Yes
Flag of Italy.svg ItalyJanuary 2013The Supreme Court of Cassation ruled that gay couples can bring up children as well as heterosexual couples. It also said that it was "mere prejudice" to assume that living with a homosexual couple could be detrimental for a child's development. [55] [56] Yes check.svg Yes
Flag of Austria.svg Austria January 2013The Constitutional Court of Austria ruled that same-sex couples who want to register their partnership will have the same ceremony offered to opposite-sex couples who want to marry. In addition, gay couples will be able to bring the witnesses. [57] Yes check.svg Yes
Flag of Australia (converted).svg Australia February 2013Court held that the national ban on same-sex marriages did not constitute gender discrimination [58] X mark.svg No
Flag of Paraguay.svg Paraguay March 2013A Paraguayan gay couple asked an Asunceño judge to register their marriage which they performed in Argentina. [59] On 4 April 2013 the judge refused to register the couple's marriage because the Paraguayan Constitution establish that marriage can only be formed by a man and a woman. The petitioners announced their intentions to appeale the ruling. [60] X mark.svg No
Flag of Italy.svg ItalyMay 2013An Italian judge recognises a civil partnership contracted by two Italian men in the UK. The couple registered their partnership in the local (Milan) Civil union register. It is the first time that occurs in the Italian jurisprudence. [61] Yes check.svg Yes
Flag of Brazil.svg BrazilMay 2013On May 14, 2013, the National Justice Council ruled 14-1 that every notary of Brazil must license and perform same-sex marriage and permit the conversion of any same-sex stable union into a marriage. The ruling was published on 15 May and took effect on 16 May 2013. [62] Yes check.svg Yes
Flag of the United States.svg United StatesJune 2013In United States v. Windsor the Supreme Court of the United States struck down section 3 of the Defense of Marriage Act, which denied federal benefits of marriage to same-sex couples legally married in their own state. Yes check.svg Yes
Flag of Colombia.svg ColombiaJuly 2013A Civil Court in Bogotá ruled that a male same-sex couple has the right to marry. [63] Yes check.svg Yes
Flag of Greece.svg GreeceNovember 2013In 2008 Greece passed a law which regulated cohabitation but excluded same-sex couples from enjoying the same benefits afforded to opposite-sex couples. On November 7, 2013, in Vallianatos and others v Greece the ECtHR ruled that is discriminatory excluding same-sex couples. [64] Yes check.svg Yes
Flag of Italy.svg Italy2014The Civil Court of Grosseto ordered the recognition of a marriage contracted by two Italian men in New York. It is the first time that occurs in the Italian jurisprudence. [65] In September 2014 an appellate court in Florence has overruled the lowers court decision. However, the court didn't rule on the constitutionality of the marriage, but insisted that the couple sued the wrong agency. The judges sent the case back to the Civil Court of Grosseto. [66] Case dismissed
Flag of Costa Rica.svg Costa Rica2014Two gay couples asked a Costa Rican court on May 16, to be married in a civil union. [67] The request of one couple was declined, but they said they have the intention to appeal the judgement. [68] United with other similar cases ruled upon in 2018
Flag of Costa Rica.svg Costa RicaJune 2015A gay couple asked a Family Court in 2013 for the right to the benefits of de facto unions afforded to heterosexual couples. On 2 June 2015, the court ruled for the plaintiffs granting them pension, visitation and inheritance rights in their verdict. The couple became the first in the nation to have a same-sex union recognised. The effects of the ruling are on hold while a judicial review of a law referenced in the judge's opinion is pending. [69] Emblem-question.svg
Flag of the United States.svg United StatesJune 2015In Obergefell v. Hodges the Supreme Court of the United States held that the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment require all states to license marriage between two people of the same sex and recognize those marriages performed in other jurisdictions. [70] Yes check.svg Yes
Flag of Colombia.svg ColombiaApril 2016The Constitutional Court unified the criteria after Congress did not meet its 2013 deadline and, in practice, only some judges were performing marriages. The 2016 ruling indicates that judges and notaries are obliged to issue marriage licenses to same-sex couples. [71] Yes check.svg Yes
Flag of the People's Republic of China.svg China 2016The court in central Changsha dismissed the suit brought against the civil affairs bureau for refusing to issue a marriage license to a gay couple. One of the plaintiffs, 26-year-old Sun Wenlin, said he would appeal the decision. [72] [73] X mark.svg No
Flag of South Korea.svg South Korea December 2016After Seodeamun-gu office refused to grant marriage licenses to a same-sex couple, they asked a court on May 21, 2014, to be married. [74] The first oral argument was held on July 6, 2015, in Seoul. On 25 May 2016, the district court ruled against the couple and declared that same-sex marriage can't be granted under the current laws. The couple quickly filed an appeal against the district court ruling. In December 2016 the ruling was upheld by the Court of Appeal. The couple announced they would petition the Supreme Court. [75] X mark.svg No

[Appealed ?]

Flag of Estonia.svg EstoniaJanuary 2017The Tallinn Circuit Court recognized one marriage performed in Sweden, declaring that out-of state marriages are governed by the countries statutes they are concluded under, thus granting foreign same-sex spouses the same-rights as domestic opposite-sex spouses. [76] Yes check.svg Yes
Flag of Italy.svg ItalyFebruary 2017The Supreme Court recognized one marriage performed in France between an Italian women and her French partner by rejecting an appeal to the ruling from a Naples court recognizing the marriage. [77] Yes check.svg Individual case
Flag of the Republic of China.svg Taiwan May 2017On 24 May 2017 the Constitutional Court ruled that same-sex couples have a right to marry, and gave the legislature two years to adequately amend Taiwanese marriage laws. According to the court ruling, if amendments are not passed within two years, same-sex marriages will automatically become legal. [78] Same-sex marriage became legal on 24 May 2019. Yes check.svg Yes
Flag of Estonia.svg EstoniaJune 2017The Supreme Court of Estonia 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. [79] Yes check.svg Yes
Flag of Greece.svg Greece November 2017A couple married by the Greek municipality of Tilos in June 2008 sought to have their marriage recognized. However, the Supreme Court upheld earlier rulings by lower courts rejecting the legality of their marriage and thereby annulling it.They are expected to bring their case to the ECHR. [80] [81] X mark.svg No

[Appealed ?]

Flag of Austria.svg AustriaDecember 2017The Constitutional Court ruled that same-sex couples have a right to marry, and gave the legislature until 01.12.2019 to adequately amend the Austrian Civil Code. According to the court ruling, if amendments are not passed until the date given, same-sex marriages will automatically become legal.The plaintiffs were allowed to marry immediately. [82] [83] Yes check.svg Yes
Flag of Bulgaria.svg Bulgaria January 2018The case of a Bulgarian couple that had married in the UK sought to have their marriage recognized in Bulgaria. The Sofia Administrative Court rejected their case labelling it "against the public order". [84] X mark.svg No
Flag of Hungary.svg Hungary February 2018The Budapest District Court ruled that foreign same-sex marriages have to be given the same rights domestic civil unions are given. [85] Yes check.svg Yes
Flag of Estonia.svg Estonia April 2018The Supreme Court of Estonia held that despite the lack of implementing measures the Registered Partnership Act has taken effect and is valid as it found the denial of recognition to same-sex couples unconstitutional. [86] [87] Yes check.svg Yes
Flag of Nepal.svg Nepal June 2018The Supreme Court of Nepal held that denying a dependent visa for a foreign same-sex spouse of a Nepalese citizen is unlawful, as the Immigration Rules do not specify the gender of the spouse. The plaintiffs married in the U.S. [88] Yes check.svg Yes
Flag of Costa Rica.svg Costa RicaAugust 2018Sala IV of the Constitutional Court ruled two articles of the Family Code (§14; §242) and article 4 of the Law of Young People unconstitutional giving lawmakers 18 months to amend the lawbooks in order to legalize same-sex marriage. If they fail to do so, it will become legal automatically. [89] [90] Yes check.svg Yes
Flag of Lithuania.svg Lithuania January 2019The Constitutional Court ruled that foreign same-sex spouses have to be granted equal residency rights. [91] [92] Yes check.svg Yes
Flag of El Salvador.svg El Salvador January 2019The "Sala de lo Constitucional" is studying whether to admit or not a case against article 11 of the Family code which defines marriage as "the legal union between a man and a woman". It was then rejected on procedural ground. [93] [94] Case dismissed
Flag of Poland.svg PolandFebruary 2019The case of a Polish couple seeking to get their Portuguese marriage recognized was rejected by the "Wojewódzki Sąd Administracyjny w Warszawie" but the court also ruled that the Polish constitution does not prohibit same-sex marriage. [95] X mark.svg No
Flag of Ecuador.svg Ecuador June 2019On 29 June 2018 a Judge in Cuenca admitted two same-sex marriages relying on the IACRH ruling. However, this decision was overruled by the Labor Chamber of the Provincial Court of Justice due to an appeal by the Civil Registry. [96] [97] The case was heard by the Constitutional Court, [98] [99] which then voted 5-4 that the IACRH ruling is applicable, thus legalizing same-sex marriage in Ecuador. [100] Yes check.svg Yes
Flag of Estonia.svg EstoniaJuly 2019The Supreme Court of Estonia held one section of the Aliens Act unconstitutional, thereby granting residency rights for same-sex couples married abroad equal to those of different-sex couples. [101] Yes check.svg Yes
Flag of the Philippines.svg Philippines September 2019Arguments at the Supreme Court of the Philippines on same-sex marriage in response as part of the Falcis III vs. Civil Registrar-General case were heard June 19, 2018. [102] They were rejected on procedural grounds in September 2019. [103] The case was dismissed due to Falcis III not seeking marriage for himself or has presented an actual case. [104] Case dismissed
Flag of Poland.svg Poland February 2020A case brought to the attention of the Civil Registrar to recognise same-sex marriage between a citizen of Poland and the United Kingdom. The Supreme Administrative court ruled that recognising same-sex marriage contracted abroad would undermine the Polish legal system, that the denial to recognise marriage does not interfere with the right to family life. [105] The case was later taken to the European Court of Human Rights as Andersen v. Poland. [106] Emblem-question.svg
Flag of Chile.svg ChileJune 2020After the Constitutial Court ruled in a separate case that marriage is a fundamental right, a couple filed a lawsuit against the Civil Registry in January 2019 for denying them a marriage licence and family protection. After the Court of Appeals refused to admit the case, the Supreme Court interfered in February 2019, ordering the case to continue its legal proceeding through the Court of Appeals. [107] [108] It then ruled the refusal of the Civil Registry not to be illegal. The plaintiffs appealed to the Supreme Court. [109] The petition was then rejected by the Constitutional Court 5–4. [110] [111] X mark.svg No
Flag of Peru.svg Peru November 2020The Constitutional Court heard a case on 20 June 2018 regarding the registration and recognition of a marriage performed abroad [112] On 3 Nov 2020, the Court voted 4–3 to reject the petition to register the marriage. [113] X mark.svg No
Flag of Latvia.svg Latvia November 2020The Constitutional Court ruled that same-sex partners are entitled to paternal leave. Furthermore, they noted that the state has an obligation to protect the families of same-sex partners as well. [114] Yes check.svg Yes
Bandera de Bolivia (Estado).svg Bolivia December 2020A court of first instance ruled that the Civil Register of Bolivia has to recognize a same-sex couple as a "free union", as the denial thereof constitutes discrimination under Bolivian law. [115] [116] Yes check.svg Yes
Flag of Japan.svg JapanMarch 2021The Sapporo District Court ruled that the ban on same-sex marriage was inconsistent the constitution's requirement for equal treatment, but left it to the legislature to resolve the problem. [117] X mark.svg No
Flag of Thailand.svg Thailand November 2021The Constitutional Court of Thailand ruled that the current definition of marriage does not violate the equality clause in the Constitution. Nonetheless, the court called on Parliament and Government to discuss reforms concerning same-sex unions. [118] X mark.svg No
Flag of Honduras.svg Honduras January 2022In May 2018 two lawsuits were filed regarding same-sex marriage in Honduras, one was rejected due to technical errors. In January 2022, the Supreme Court rejected the appeal seeking access to same-sex marriage. The litigants have announced they will seek redress at the Interamerican Court of Human Rights. [119] X mark.svg No
Flag of Russia.svg RussiaMarch 2022The Grand Chamber of the ECtHR accepted the referral of a case against the Russian Government after a Chamber Judgement found the lack of legal recognition for same-sex couples to breach Art. 8 of the EHRC. [120] Jurisdiction withdrawn when Russia was expelled from the Council of Europe [121]
Flag of Peru.svg Peru June 2022The Constitutional Court denied an appeal seeking recognition of same-sex marriages conducted in foreign countries, saying the constitution limits marriage to opposite-sex couples. The Court also indicated that it did not believe the country was beholden to the previous Interamerican Court of Human Rights opinion requiring the country to legalize same-sex marriage on the ground that the court had been politicized. [122] [123] X mark.svg No
Flag of Japan.svg JapanJune 2022The Osaka District Court ruled that the ban on same-sex marriage was constitutional, disagreeing with an earlier ruling by the Sapporo District Court. [124] X mark.svg No
Flag of Slovenia.svg SloveniaJuly 2022The Constitutional Court ruled that ban same-sex marriage and joint couple adoption violated the constitutional right to equal treatment, and ordered that its ruling take effect immediately. It also ordered Parliament to amend the law to bring it in compliance within six months, which the government announced it would do. [125] Yes check.svg Yes
Flag of Suriname.svg SurinameFebruary 2023The Constitutional Court ruled the ban on same-sex marriage does not violate the constitution or Suriname's obligations under the Interamerican Convention on Human Rights. However, the court also found that the Civil Code is outdated and needs to be modernized following public debate. [126] X mark.svg No
Flag of Panama.svg Panama March 2023After a seven-year delay, the Supreme Court of Justice ruled that there is no positive right to same-sex marriage under the Panamanian constitution or law. [127] X mark.svg No
Flag of Namibia.svg Namibia May 2023In 2017, filing a lawsuit in the Windhoek High Court, a Namibian-South African couple sought to have their South African marriage recognized in Namibia in order to obtain residency rights and get their adopted children recognized as theirs. [128] [129] In 2019 two other cases of same-sex couples married abroad were filed, too. [130] The High Court ruled against them, finding itself bound to a precedent by the Supreme Court. The couple might appeal the court decision. [131] In May 2023, the Supreme Court ruled that the government must recognize foreign same-sex marriages equally to opposite-sex marriages, in accordance with the constitutional protections for equality and dignity. [132] Yes check.svg Yes
Flag of Romania.svg Romania May 2023In June, 2019, 7 same sex couples filed suit in the ECHR claiming that the lack of legal protection for same-sex relationships is unconstitutional and a breach to a decision by the ECHR (Oliari and Others v. Italy). [133] The ECHR ruled that Romania violates of Art. 8 European Convention on Human Rights in refusing to grant same-sex couples some form of legal recognition. [134] Yes check.svg Yes
Flag of Nepal.svg NepalJuly 2023A couple is challenging the country's 2017 Civil Code before the Supreme Court, to secure the right for two people of any gender to marry. The hearing has been postponed to November 8, 2023. [135] On 28 June 2023, a single judge bench of the Nepal Supreme Court issued a groundbreaking order directing the government to establish a "separate register" for "non-traditional couples and sexual minorities" to "temporarily register" them. However, the Kathmandu District Court rejected a marriage registration application on 13 July. [136] [137] The couple appealed to the Patan High Court, but the High Court rejected the appeal on 6 October 2023. [138] Emblem-question.svg
Flag of India.svg IndiaOctober 2023On 17 October 2023, the Supreme Court ruled unanimously that the legalization of same-sex marriage is a matter for the Parliament to decide, not the courts. In a 3–2 decision, it also ruled against ordering the government to introduce civil unions, and in a separate 3-2 decision, ruled against ordering the government to allow adoption by same-sex couples. The majority opinion of the court also states that transgender people in a heterosexual relationship may marry. However, the court unanimously accepted the government's suggestion that it set up a high-powered committee headed by the Cabinet Secretary to investigate the discrimination faced by LGBT people and study providing limited legal rights and benefits to same-sex couples. X mark.svg No
Flag of Venezuela.svg VenezuelaLitigation pendingA case aiming at legalizing same-sex marriage is still pending in the "Tribunal Supremo de Justicia". [139]
Flag of Latvia.svg LatviaLitigation ongoingIn May 2016 the Constitutional Court overturned a lower courts decision to deny a same-sex marriage application, stating that for thought there are no provisions allowing for the recognition of same-sex couples, it must be considered if this lack does not violate the Constitution of Latvia or the European Convention on Human Rights and if it would not be necessary to grant them a protection under terms different from marriage. [140]
Flag of Georgia.svg Georgia Litigation ongoingA man is challenging that while the civil code of Georgia is explicitly between a man and a woman, the Constitution does not reference sex/gender in its section on marriage. The plea was launched in 2016. [141]
Flag of Albania.svg Albania Litigation pendingAn Albanian LGBT rights group, PRO LGBT, filed a lawsuit in 2017 requesting recognition of same-sex partnerships in the country's Family Code. [142]
Flag of Japan.svg Japan Litigation pendingOn February 14, 2019, 13 same sex couples filed suit in Tokyo, Osaka, Nagoya, and Sapporo claiming that the denial of same-sex marriages is unconstitutional [143] Another three couples filed in Fukuoka a few months later. [144]

While the district court in Sapporo ruled in favor of the plaintiffs, [145] [144] the district court in Osaka upheld the same-sex marriage ban. [146]

Flag of Serbia.svg Serbia Litigation pendingIn July, 2019, a lesbian couple launched a legal challenge after being rejected in the civil registry in Novi Sad. [147]
Flag of El Salvador.svg El SalvadorLitigation pendingIn August 2019 La Sala Constitutional accepted a case to review the constitutionality of the articles 11, 90.3 and 118 of the Family Code. LGBT-rights organizations called on the court to respect the IACHR ruling concerning same-sex marriage. [148]
Flag of Poland.svg PolandLitigation pendingThe plaintiffs sue the Government of Poland for the lack of legal recognition of same-sex unions in the ECtHR. [120]

Subnational level

For same-sex marriage court cases seeking to recognize individual marriages in the US states see Same-sex marriage in the United States.For individual amparos and the "México Igualitario" in Mexico see Same-sex marriage in Mexico . For individual injunctions in Brazil see Same-sex marriage in Brazil

JurisdictionCountryEnd dateDescriptionRestrictions
unconstitutional?
Flag of Washington.svg Washington Flag of the United States.svg United States1974Singer v. Hara unsuccessfully challenged the validity Washington's Civil Code ban on same-sex marriage in the Washington Court of Appeals. The Supreme Court of Washington refused to review the decision. X mark.svg No
Flag of Colorado.svg Colorado Flag of the United States.svg United States1985 Adams v. Howerton unsuccessfully argued that the then-current marriage defenition was gender neutral, thus giving same-sex marriages validity, in the United States Court of Appeals for the Ninth Circuit, upholding a decision by the United States District Court for the Central District of California. The U.S. Supreme Court refused to review the decision. X mark.svg No
Flag of Alaska.svg Alaska Flag of the United States.svg United StatesAugust 1994Bess v. Ulmer unsuccessfully challenged the validity under the Alaskan Constitution of Alaska's Civil Code ban on same-sex marriage. The Supreme Court of Alaska overturned an earlier court ruling favoring further hearings. X mark.svg No
Flag of Hawaii.svg Hawaii Flag of the United States.svg United StatesDecember 1999Baehr v. Miike unsuccessfully challenged the validity of the same-sex marriage ban under the Constitution of Hawaii. The Supreme Court of Hawaii overturned an earlier court ruling favoring legalization, as a newly passed constitutional amendment limited the provisions the lower court relied on. X mark.svg No
Flag of Vermont.svg Vermont Flag of the United States.svg United StatesDecember 1999In Baker v. Vermont the Vermont Supreme Court found that the Constitution of Vermont mandates to grant same-sex couples the same rights as opposite-sex ones. Nonetheless, it did not legalize same-sex marriage. Yes check.svg / X mark.svg
Flag of Florida.svg Florida Flag of the United States.svg United States2001In Frandsen v. County of Brevard the Florida Fifth District Court of Appeal found that the denial of marriage licenses to same-sex couples did not violate the state Constitution's equal protection for gender classifications. X mark.svg No
Flag of Ontario.svg Ontario Flag of Canada (Pantone).svg CanadaJune 2003The Court of Appeal for Ontario in the case Halpern v Canada (AG) against the current Civil Code that does not allow for same-sex marriage because it violated the Charter of Rights and ordered that its judgment come into effect immediately, Yes check.svg Yes
Flag of British Columbia.svg British Columbia Flag of Canada (Pantone).svg CanadaJuly 2003The Court of Appeal of British Columbia ordered in Barbeau v. British Columbia 2003 BCCA 251, requiring the Federal Government to legalize same-sex marriage and ordering that the ruling in the Province take effect immediately. Yes check.svg Yes
Flag of Massachusetts.svg Massachusetts Flag of the United States.svg United StatesNovember 2003In Goodridge v. Department of Public Health the Supreme Judicial Court found that the then-current definition of marriage was unconstitutional thus legalizing same-sex marriage. Yes check.svg Yes
Flag of Quebec.svg Québec Flag of Canada (Pantone).svg CanadaMarch 2004The Québec Court of Appeal ordered in Hendricks and Leboeuf v. Québec, that the wording of marriage be changed form "homme et femme" to "époux" and ordering that it take effect immediately. Yes check.svg Yes
Flag of Yukon.svg Yukon Flag of Canada (Pantone).svg CanadaJuly 2004The Supreme Court of the Yukon Territory ordered in Dunbar & Edge v. Yukon (Government of) & Canada (A.G.), 2004 YKSC 54, that the Yukon common law definition of marriage be changed immediately to be "the voluntary union for life of two persons to the exclusion of all others." Yes check.svg Yes
Flag of Manitoba.svg Manitoba Flag of Canada (Pantone).svg CanadaSeptember 2004The Court of Queen's Bench of Manitoba ordered in Vogel v. Canada, that the same-sex marriage licenses shall be issued in the Province. [149] Yes check.svg Yes
Flag of Nova Scotia.svg Nova Scotia Flag of Canada (Pantone).svg CanadaSeptember 2004The Nova Scotia Supreme Court ordered in Boutilier v. Canada (A.G) and Nova Scotia (A.G), that the then-current law was unconstitutional, thereby legalizing same-sex marriage in the Province Yes check.svg Yes
Flag of Saskatchewan.svg Saskatchewan Flag of Canada (Pantone).svg CanadaNovember 2004The Court of Queen's Bench of Saskatchewan ordered in N.W. v. Canada (Attorney General), that the then-current law was against the Charter of Human Rights, thereby legalizing same-sex marriage in the Province Yes check.svg Yes
Flag of Newfoundland and Labrador.svg Newfoundland and Labrador Flag of Canada (Pantone).svg CanadaDecember 2004The Supreme Court of Newfoundland ordered the State to issure same-sex marriage licences. Yes check.svg Yes
Flag of Oregon.svg Oregon Flag of the United States.svg United StatesDecember 2004In Li and Kennedy v. State of Oregon the Oregon Supreme Court ruled against Multnomah County, stating that it is not entitled to perform same-sex marriages under the current statutes. Nonetheless, the court refused to rule on same-sex marriage by itself. X mark.svg No
Flag of New Brunswick.svg New Brunswick Flag of Canada (Pantone).svg CanadaApril 2005The Court of Queen's Bench of New Brunswick ordered the State to issue same-sex marriage licences. Yes check.svg Yes
Flag of Washington.svg Washington Flag of the United States.svg United StatesJuly 2006 Andersen v. King County unsuccessfully challenged Washington's Defense of Marriage Act (DOMA) in the Washington Supreme Court. X mark.svg No
Flag of New York.svg New York Flag of the United States.svg United StatesJuly 2006Hernandez v. Robles unsuccessfully challenged in the Court of Appeal the validity under the States Constitution of its same-sex marriage ban. X mark.svg No
Flag of Nebraska.svg Nebraska Flag of the United States.svg United StatesJuly 2006 Citizens for Equal Protection v. Bruning unsuccessfully challenged the validity under the United States Constitution of Initiative Measure 416, Nebraska's constitutional ban on same-sex marriage. X mark.svg No [150]
Flag of New Jersey.svg New Jersey Flag of the United States.svg United StatesOctober 2006In Lewis v. Harris the Supreme Court that the "unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our State Constitution." It gave the lawmakers 6 month to introduce Civil Unions. Yes check.svg Yes
Flag of Aruba.svg Aruba Flag of the Netherlands.svg NetherlandsApril 2007The Supreme Court of the Netherlands ruled that Aruba must recognize all Dutch marriages, including same-sex marriages. [151] Yes check.svg Yes
Flag of the Netherlands Antilles (1986-2010).svg Netherlands Antilles Flag of the Netherlands.svg NetherlandsApril 2007The Supreme Court of the Netherlands's ruling applied to the Netherlands Antilles in addition to Aruba. Yes check.svg Yes
Flag of New York.svg New York Flag of the United States.svg United StatesFebruary 2008In Martinez v. County of Monroe the Appellate Court held that New York has to recognize out-of state same-sex marriages as it recognizes all other valid out-of state marriages. Yes check.svg Yes
Flag of California.svg California Flag of the United States.svg United StatesMay 2008In In re Marriage Cases the Supreme Court struck down the then-current ban on same-sex marriage upholding rulings from lower courts. Yes check.svg Yes
Flag of Maryland.svg Maryland Flag of the United States.svg United StatesSeptember 2008In Conaway v. Deane & Polyak the Court of Appeals held that the then-current defenition of marriage did not constitute discrimination under the Maryland Constitution. X mark.svg No
Flag of Connecticut.svg Connecticut Flag of the United States.svg United StatesOctober 2008In Kerrigan v. Commissioner of Public Health the Supreme Court of Connecticut held that it is unconstitutional to deny same-sex couples the right to marry, thereby legalizing same-sex marriage. Yes check.svg Yes
Flag of Rhode Island.svg Rhode Island Flag of the United States.svg United StatesNovember 2008The Rhode Island Supreme Court that the lack of legal provisions impeded them from granting divorce to a couple married in Massachusetts. X mark.svg No
Flag of Iowa.svg Iowa Flag of the United States.svg United StatesApril 2009In Varnum v. Brien the Iowa Supreme Court held that it is unconstitutional to deny same-sex couples the right to marry, thereby legalizing same-sex marriage. Yes check.svg Yes
Flag of Wyoming.svg Wyoming Flag of the United States.svg United StatesJune 2011In Christiansen v. Christiansen the Supreme Court of Wyoming granted a Canadien same-sex couple divorce stating that the decision about recognition of foreign same-sex unions would be "left for another day". Yes check.svg Individual case
Bandeira de Alagoas.svg Alagoas Flag of Brazil.svg BrazilDecember 2011The Corregedoria Geral da Justiça of Alagoas ruled that officials have to perform same-sex marriages in the state. [152] Yes check.svg Yes
Flag of Maryland.svg Maryland Flag of the United States.svg United StatesMay 2012In Port v. Cowan the Court of Appeals held that there is no legal reason not to recognize valid foreign marriages or marriages form other jurisdictions where it is legal, thereby legalizing the recognition of foreign same-sex marriages. Yes check.svg Yes
Bandeira de Sergipe.svg Sergipe Flag of Brazil.svg BrazilJuly 2012The Corregedoria Geral da Justiça of Sergipe regulated same-sex marriage in the state by "Provimento nº 06/2012". Yes check.svg Yes
Bandeira do Espirito Santo.svg Espírito Santo Flag of Brazil.svg BrazilJuly 2012The Corregedoria Geral da Justiça of Espírito Santo issued a "circular letter" telling notaries to perform same-sex marriages in the state. Yes check.svg Yes
Bandeira da Bahia.svg Bahia Flag of Brazil.svg BrazilNovember 2012The Corregedoria Geral da Justiça of Bahia adopted the current definition of marriage to include same-sex marriages in the state. [153] Yes check.svg Yes
Bandeira do Distrito Federal (Brasil).svg Federal District Flag of Brazil.svg BrazilDecember 2012A court in the Federal District found that same-sex marriages could be performed without injunctions in the district. [154] Yes check.svg Yes
Bandeira do Piaui.svg Piauí Flag of Brazil.svg BrazilDecember 2012The Corregedoria Geral da Justiça of Piauí found that same-sex marriages could be performed without injunctions in the district. Yes check.svg Yes
Flag of Montana.svg Montana Flag of the United States.svg United StatesDecember 2012In Donaldson v. State of Montana the Montana Supreme Court held that the constitutional ban on same-sex marriage does not preclude them from anything but the term marriage and thus does not violate the basic rights of anybody. X mark.svg No
Bandeira do estado de Sao Paulo.svg São Paulo Flag of Brazil.svg BrazilDecember 2012The Corregedoria Geral da Justiça of São Paulo found that same-sex marriages could be performed without injunctions in the district. [155] Yes check.svg Yes
Bandeira do Parana.svg Paraná Flag of Brazil.svg BrazilMarch 2013The Corregedoria Geral da Justiça of Paraná found that same-sex marriages are possible under the current procedure. [156] Yes check.svg Yes
Flag of Michigan.svg Michigan Flag of the United States.svg United StatesMarch 2013In DeBoer v. Snyder the United States District Court for the Eastern District of Michigan found the marriage restriction unlawful. The decision was appealed to the United States Court of Appeals for the Sixth Circuit and later consolidated with other suits form the Sixth Circuit to Obergefell v. Hodges.Consolidated to Obergefell v. Hodges
Bandeira de Mato Grosso do Sul.svg Mato Grosso do Sul Flag of Brazil.svg BrazilApril 2013The Corregedoria Geral da Justiça of Mato Grosso do Sul authorized same-sex marriages. [157] Yes check.svg Yes
Bandeira do estado do Rio de Janeiro.svg Rio de Janeiro Flag of Brazil.svg BrazilApril 2013The Corregedoria Geral da Justiça of Rio de Janeiro published a ruling allowing for same-sex marriage if the local judge agrees on it. Yes check.svg Yes
Bandeira de Rondonia.svg Rondônia Flag of Brazil.svg BrazilApril 2013The Corregedoria Geral da Justiça of Rondônia authorized same-sex marriages. [158] Yes check.svg Yes
Bandeira da Paraiba.svg Paraíba Flag of Brazil.svg BrazilApril 2013The Corregedoria Geral da Justiça of Paraíba authorized same-sex marriages. Yes check.svg Yes
Bandeira de Santa Catarina.svg Santa Catarina Flag of Brazil.svg BrazilApril 2013The Corregedoria Geral da Justiça of Santa Catarina authorized same-sex marriages if both applicants are resident to the state. [159] Yes check.svg Yes
Flag of California.svg California Flag of the United States.svg United StatesJune 2013In Hollingsworth v. Perry the Supreme Court of the United States vacated the decision of the circuit court of appeals and reinstated the original decision of the district court. This has the effect that California's Proposition 8, a voter-approved referendum that took away the right of same sex-marriage that previously had been approved by the state's courts, is struck down and same-sex marriage will resume in California.Case dismissed
Same-sex marriage in California resumes
Flag of New Mexico.svg New Mexico Flag of the United States.svg United StatesAugust 2013In Hanna v. Salazar the New Mexico Supreme Court ordered the Santa Fe County Clerk to perform same-sex marriages. Yes check.svg Yes
Flag of New Mexico.svg New Mexico Flag of the United States.svg United StatesAugust 2013In Stark v. Martinez the New Mexico District Court ordered the Taos County Clerk to perform same-sex marriages. Yes check.svg Yes
Flag of Illinois.svg Illinois Flag of the United States.svg United StatesSeptember 2013The cases Darby v. Orr and Lazaro v. Orr seeking to have same-sex marriages recognized in the state were dismissed.Dismissed
Flag of New Jersey.svg New Jersey Flag of the United States.svg United StatesOctober 2013In Garden State Equality v. Dow the New Jersey Superior Court found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. A stay was unanimously rejected by the Supreme Court. Yes check.svg Yes
Flag of Tennessee.svg Tennessee Flag of the United States.svg United StatesMarch 2013In Tanco v. Haslam the United States District Court for the Middle District of Tennessee granted three couples an injunction. The decision was appealed to the United States Court of Appeals for the Sixth Circuit and later consolidated with other suits form the Sixth Circuit to Obergefell v. Hodges.Consolidated to Obergefell v. Hodges
Flag of the Australian Capital Territory.svg Australian Capital Territory Flag of Australia (converted).svg AustraliaDecember 2013The High Court of Australia reviewed the constitutionality of the Marriage Equality Bill approved in October by the Australian Capital Territory [160] It declared on December 12 that same-sex marriage can only be legalised by the Federal government. X mark.svg Marriage solely a Federal Jurisdiction
Flag of Ohio.svg Ohio Flag of the United States.svg United StatesDecember 2013In Obergefell v. Kasich the United States District Court for the Southern District of Ohio held that it is unconstitutional not to recognize valid out-of state same-sex marriages. The decision was appealed to the United States Court of Appeals for the Sixth Circuit where it was consolidated with Henry v. Wymyslo and later consolidated with other suits form the Sixth Circuit to Obergefell v. Hodges.Consolidated to Obergefell v. Hodges
Flag of New Mexico.svg New Mexico Flag of the United States.svg United StatesDecember 2013In Griego v. Oliver the New Mexico Supreme Court found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage, upholding the ruling of a lower court. Yes check.svg Yes
Flag of Florida.svg Florida Flag of the United States.svg United StatesJanuary 2014In Pareto v. Ruvin the Florida Supreme Court upheld the ruling of a lower court, mandating Miami-Dade County has to perform same-sex marriages. Yes check.svg Yes
Flag of Kentucky.svg Kentucky Flag of the United States.svg United StatesFebruary 2014In Bourke v. Beshear the United States District Court for the Western District of Kentucky found the denial of recognition to valid same-sex marriages unconstitutional. The decision was appealed to the United States Court of Appeals for the Sixth Circuit where it was consolidated with Love v. Beshear and later consolidated with other suits form the Sixth Circuit to Obergefell v. Hodges.Consolidated to Obergefell v. Hodges
Flag of Florida.svg Florida Flag of the United States.svg United StatesApril 2014In Huntsman v. Heavilin the Sixteenth Judicial Circuit held that Monroe County has to perform same-sex marriages. Yes check.svg Yes
Flag of Ohio.svg Ohio Flag of the United States.svg United StatesApril 2014In Henry v. Wymyslo the United States District Court for the Southern District of Ohio ruled that the state must recognize same-sex marriages. The decision was appealed to the United States Court of Appeals for the Sixth Circuit where it was consolidated with Obergefell v. Kasich to Obergefell v. Himes.Consolidated to Obergefell v. Hodges
Flag of Alaska.svg Alaska Flag of the United States.svg United StatesApril 2014Schmidt and Schuh v. Alaska held that same-sex couples have to be granted the same property tax exemptions. Yes check.svg Yes
Flag of Wisconsin.svg Wisconsin Flag of the United States.svg United StatesMay 2014In Halopka-Ivery v. Walker a couple married in California sought to challenge Wisconsin's statute imposing criminal penalties on residents who contract in other jurisdictions a marriage that is not recognized by the state and have their marriage recognized claiming that the state's "parallel civil marriage and domestic partnership structure" denied them access to federal benefits. The Wisconsin Supreme Court declined their case one month after it was filedDismissed
Flag of Oregon.svg Oregon Flag of the United States.svg United StatesMay 2014In Geiger v. Kitzhaber the U.S. District Court for the District of Oregon found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage after petitions to stay the ruling were blocked by both the United States Ninth Circuit Court of Appeals and the U.S. Supreme Court. Yes check.svg Yes
Flag of Texas.svg Texas Flag of the United States.svg United StatesMay 2014In In the Matter of the Marriage of A.L.F.L. and K.L.L. the 45th Judicial District Court of Bexar County found the then-current defenition of marriage to be unconstitutional and thus let the petition for divorce proceed. Yes check.svg Yes
Flag of Pennsylvania.svg Pennsylvania Flag of the United States.svg United StatesMay 2014In Whitewood v. Wolf the U.S. District Court for the Middle District of Pennsylvania found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of Idaho.svg Idaho Flag of the United States.svg United StatesMay 2014In Latta v. Otter the Ninth Circuit Court of Appeals upheld a previous ruling of the U.S. District Court for the District of Idaho legalizing same-sex marriage. Yes check.svg Yes
Flag of Kentucky.svg Kentucky Flag of the United States.svg United StatesJuly 2014In Love v. Beshear the United States District Court for the Western District of Kentucky found the denial of recognition to valid same-sex marriages unconstitutional. The decision was appealed to the United States Court of Appeals for the Sixth Circuit where it was consolidated to Bourke v. Beshear.Consolidated to Obergefell v. Hodges
Flag of Missouri.svg Missouri Flag of the United States.svg United StatesOctober 2014In Barrier v. Vasterling the Missouri Circuit Court ruled that not recognizing out-of state same-sex marriages violated the plaintiffs rights, thus recognizing such unions in the state. Yes check.svg Yes
Flag of Utah.svg Utah Flag of the United States.svg United StatesOctober 2014In Kitchen v. Herbert the United States District Court for the District of Utah found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. It was later upheld by the Tenth Circuit Court of Appeals after an appeal to the U.S. Supreme Court was rejected. Yes check.svg Yes
Flag of Oklahoma.svg Oklahoma Flag of the United States.svg United StatesOctober 2014In Bishop v. United States the Tenth Circuit Court of Appeals complied with a District Court Ruling that found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage after an appeal to the U.S. Supreme Court was rejected. Yes check.svg Yes
Flag of Colorado.svg Colorado Flag of the United States.svg United StatesOctober 2014In Burns v. Hickenlooper the U.S. District Court for the District of Colorado found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of Colorado.svg Colorado Flag of the United States.svg United StatesOctober 2014In Colorado ex rel. Suthers v. Hall the Colorado Supreme Court ruled against the state of Colorado, not granting a stay to the licensing of same-sex marriage by various clerks. Yes check.svg Yes
Flag of Virginia.svg Virginia Flag of the United States.svg United StatesOctober 2014In Bostic v. Schaefer the U.S. District Court for the Eastern District of Virginia found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage after an appeal to the U.S. Supreme Court was rejected. Yes check.svg Yes
Flag of North Carolina.svg North Carolina Flag of the United States.svg United StatesOctober 2014In General Synod of the United Church of Christ v. Cooper the United States District Court for the Western District of North Carolina found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of Wisconsin.svg Wisconsin Flag of the United States.svg United StatesOctober 2014In Wolf v. Walker the U.S. District Court for the Western District of Wisconsin found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. It was later upheld by the Seventh Circuit Court of Appeals. Yes check.svg Yes
Flag of Indiana.svg Indiana Flag of the United States.svg United StatesOctober 2014In Baskin v. Bogan the U.S. District Court for the Southern District of Indiana found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage, reversing an earlier judgment by the U.S. District Court for the District of Nevada. Yes check.svg Yes
Flag of Hawaii.svg Hawaii Flag of the United States.svg United StatesOctober 2014In Jackson v. Fuddy the Ninth Circuit Court of Appeals found that the lower court ruling upholding the same-sex marriage ban was voided by the new Marriage Equality Act, dismissing the case.Dismissed
Flag of Florida.svg Florida Flag of the United States.svg United StatesOctober 2014In Brenner v. Scott the U.S. District Court for the Northern District of Florida found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. It was later upheld by the Eleventh Circuit Court of Appeals. Yes check.svg Yes
Flag of Nevada.svg Nevada Flag of the United States.svg United StatesOctober 2014In Sevcik v. Sandoval the Ninth Circuit Court of Appeals found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. It was later upheld by the Seventh Circuit Court of Appeals. Yes check.svg Yes
Flag of Alaska.svg Alaska Flag of the United States.svg United StatesOctober 2014In Hamby v. Parnell the U.S. District Court for the District of Alaska found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of Wyoming.svg Wyoming Flag of the United States.svg United StatesOctober 2014A district court in a case in which Guzzo v. Mead, found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of Arizona.svg Arizona Flag of the United States.svg United StatesOctober 2014The U.S. District Court for the District of Arizona in a case in which Connolly v. Roche and Majors v. Horne were united, found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of West Virginia.svg West Virginia Flag of the United States.svg United StatesNovember 2014In McGee v. Cole the United States District Court for the Southern District of West Virginia found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of Kansas.svg Kansas Flag of the United States.svg United StatesNovember 2014In Schmidt v. Moriarty the Kansas Supreme Court found that a judge licensing same-sex marriage did act within his jurisdiction, it did not rule about the issue of same-sex marriage by itself Yes check.svg Yes
Flag of Missouri.svg Missouri Flag of the United States.svg United StatesNovember 2014In State of Missouri v. Florida the St. Louis Circuit Court found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage in St. Louis County. Yes check.svg Yes
Flag of Utah.svg Utah Flag of the United States.svg United StatesNovember 2014In McGee v. Cole the United States District Court for the District of Utah ordered the state to permanently licence same-sex marriages and dismissed a permanent stay to a previous court ruling. It was issued after the Tenth Circuit Court of Appeals and the U.S. Supreme Court refused to issue stays extending to more than October 2014. Yes check.svg Yes
Flag of South Carolina.svg South Carolina Flag of the United States.svg United StatesNovember 2014In Bradacs v. Haley the United States District Court for the District of South Carolina upheld the validity of same-sex marriages performed abroad or in other states. Yes check.svg Yes
Flag of South Carolina.svg South Carolina Flag of the United States.svg United StatesNovember 2014In Condon v. Haley the United States District Court for the District of South Carolina found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage. Yes check.svg Yes
Flag of Georgia (U.S. state).svg Georgia Flag of the United States.svg United StatesJanuary 2015The U.S. District Court for the Northern District of Georgia suspended proceeding due to the pending decision of Obergefell v. Hodges in the U.S. Supreme Court.Suspended
Flag of Alabama.svg Alabama Flag of the United States.svg United StatesMarch 2015The Alabama Policy Institute and the Alabama Citizens Action Programm filed a lawsuit asking the Alabama Supreme Court to order the state's probate judges to deny marriage licenses to same-sex couples in the Alabama Supreme Court, which found the current same-sex marriage ban did not violate the U.S. constitution, thus barring any same-sex marriages in the state. X mark.svg No
Flag of Arkansas.svg Arkansas Flag of the United States.svg United StatesJune 2015In Wright v. Arkansas the Supreme Court of Arkansas dismissed an appeal to the ruling of a lower court legalizing same-sex marriage until the ruling was stayed as moot after Obergefell v. Hodges.Dismissed
Flag of Missouri.svg Missouri Flag of the United States.svg United StatesJune 2015In Lawson v. Kelly the Jackson County Circuit Court found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage, but the decision was stayed pending an appeal to the Eighth Circuit Court of Appeals, which lifted the stay complying with Obergefell v. Hodges. Yes check.svg Yes
Flag of Guam.svg Guam Flag of the United States.svg United StatesJune 2015The District Court of Guam ruled that officials have to perform same-sex marriages. [161] Yes check.svg Yes
Flag of Nebraska.svg Nebraska Flag of the United States.svg United StatesJuly 2015In Waters v. Ricketts the Eighth Circuit Court of Appeals reaffirmed a lower courts ruling, lifting the stay on the decision and granting a general injunction, thus legalizing same-sex marriage in the state. Yes check.svg Yes
Flag of Louisiana.svg Louisiana Flag of the United States.svg United StatesJuly 2015In Robicheaux v. George the Fifth Circuit Court of Appeals ordered the state to recognize and register out-of state same-sex marriages, thus complying with Obergefell v. Hodges. Yes check.svg Yes
Flag of Mississippi.svg Mississippi Flag of the United States.svg United StatesJuly 2015In Campaign for Southern Equality v. Bryant the Fifth Circuit Court of Appeals lifted the stay on a lower courts ruling, thus legalizing same-sex marriage in the state. Yes check.svg Yes
Flag of Texas.svg Texas Flag of the United States.svg United StatesJuly 2015In Texas v. Naylor the Supreme Court of Texas upheld a lower courts ruling to grant divorce to a same-sex marriage that has never been recognized in Texas, denying the state a right to intervene.. Yes check.svg Yes
Flag of Texas.svg Texas Flag of the United States.svg United StatesJuly 2015The Fifth Circuit Court of Appeals in the case De Leon v. Perry , amanded a lower court decision just ordering review of the statute banning same-sex marriage, complying with Obergefell v. Hodges. Yes check.svg Yes
Flag of Louisiana.svg Louisiana Flag of the United States.svg United StatesJuly 2015The Louisiana Supreme Court in the case Costanza v. Caldwell dismissed an appeal by the state, lifting the stay on a lower which subsequently declared the same-sex marriage ban unlawfull, complying with Obergefell v. Hodges. Yes check.svg Yes
Flag of Puerto Rico.svg Puerto Rico Flag of the United States.svg United StatesJuly 2015The First Circuit Court of Appeals in the case Conde-Vidal v. Garcia-Padilla , overturned the ban on same-sex marriage. Yes check.svg Yes
Flag of South Dakota.svg South Dakota Flag of the United States.svg United StatesJuly 2015The Eighth Circuit Court of Appeals in the case Rosenbrahn v. Daugaard, reaffirmed the ruling of U.S. District Court for the District of South Dakota ruled the current ban on same-sex marriage violated fundamental rights, complying with Obergefell v. Hodges. Yes check.svg Yes
Flag of Kansas.svg Kansas Flag of the United States.svg United StatesAugust 2015The Tenth Circuit Court of Appeals issued an order declaring that "Article 15, § 16 of the Kansas Constitution, ... and any other Kansas statute, law, policy, or practice that prohibits issuing marriage licenses to same-sex couples in Kansas or recognizing such marriages on the same terms and conditions that apply to opposite-sex couples contravene the Fourteenth Amendment to the United States Constitution. Yes check.svg Yes
Flag of Mississippi.svg Mississippi Flag of the United States.svg United StatesDecember 2015In Czekala-Chatham v. Melancon the Mississippi Supreme Court granted divorce to a same-sex couple which was never recognized under state law, complying with Obergefell v. Hodges. Yes check.svg Yes
Flag of Jalisco.svg Jalisco Flag of Mexico.svg MexicoJanuary 2016The Supreme Court of Justice ruled that the current definition of marriage was discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state. [162] Yes check.svg Yes
Flag of Virginia.svg Virginia Flag of the United States.svg United StatesApril 2016The Supreme Court of Virginia held that cohabitation laws also apply to same-sex couples. Yes check.svg Yes
Flag of Texas.svg Texas Flag of the United States.svg United StatesApril 2016In cases from Travis County the Supreme Court of Texas dismissed efforts to let common-law same-sex marriages be voided.Dismissed
Flag of Alabama.svg Alabama Flag of the United States.svg United StatesApril 2016In Hard v. Strange the Eleventh Circuit Court of Appeals upheld a lower courts ruling amending a death certificate to include the marriage previously concluded in Massachusetts. Yes check.svg Yes
Flag of Alabama.svg Alabama Flag of the United States.svg United StatesJune 2016In Searcy v. Strange and Strawser v. Strange the United States District Court for the Southern District of Alabama issued a permanent injunction barring any state official from enforcing laws that fail to recognize same-sex couples' right to marry. Yes check.svg Yes
Flag of Bermuda.svg Bermuda Flag of the United Kingdom.svg UKMay 2017A gay Bermudian and his fiancé have been granted leave to argue in the Supreme Court that they should be allowed to wed on the island. [163] On 5 May 2017 the ban on gay marriage within Bermuda was declared unconstitutional by a unanimous decision within the Supreme Court of Bermuda. The Bermuda Government responded with a domestic partnership law in February 2018. [164] Yes check.svg Yes
Flag of Chiapas.svg Chiapas Flag of Mexico.svg MexicoJuly 2017An act of unconstitutionality was filed in April 2016 against the Civil Code of the state. The Supreme Court of Justice then ruled that the current definition of marriage was discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state. [165] Yes check.svg Yes
Flag of Puebla.svg Puebla Flag of Mexico.svg MexicoAugust 2017An act of unconstitutionality was filed in April 2016 against the Civil Code of the state. The Supreme Court of Justice then ruled that articles 294 and 300 of the Civil Code were discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state. [166] Yes check.svg Yes
Flag of Hong Kong.svg Hong Kong Flag of the People's Republic of China.svg ChinaJuly 2018The Court of Appeal ruled that same-sex spouses have to be granted spousal visa equally to heterosexual partners. [167] Yes check.svg Yes
Flag of Nuevo Leon.svg Nuevo León Flag of Mexico.svg MexicoFebruary 2019An act of unconstitutionality was filed in February 2018 against the Civil Code of the state. The Supreme Court of Justice then ruled that articles 140 and 148 of the Civil Code were discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state. [168] Yes check.svg Yes
Flag of Aguascalientes.svg Aguascalientes Flag of Mexico.svg MexicoApril 2019The Supreme Court of Justice ruled that articles 143, 144 and 113 of the Civil Code were discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state. [169] [170] Yes check.svg Yes
Flag of Hong Kong.svg Hong Kong Flag of the People's Republic of China.svg ChinaJune 2019The court found that denying spousal benefits to same-sex couples married abroad is not in accordance with the Basic Law. [171] Yes check.svg Yes
Flag of Hong Kong.svg Hong Kong Flag of the People's Republic of China.svg ChinaOctober 2019In August 2018 the High Court heard a case seeking to recognise civil partnerships in a preliminary hearing, and it is expected to be heard in the first half of 2019. [172] [173] [174] The Court then dismissed the case, as it found it was not for the courts to solve. [175] [176] Dismissed
Flag of Hong Kong.svg Hong Kong Flag of the People's Republic of China.svg ChinaSeptember 2020In January 2019 the High Court agreed to hear a challenge to the city's refusal to recognise same-sex marriage, argueing that the inability of same-sex couples to get married violated their right to equality under the city's Bill of Rights and the Basic Law. [177] The case got rejected as "too ambitious". [178] X mark.svg No
Flag of the Cayman Islands.svg Cayman Islands Flag of the United Kingdom.svg UKDecember 2020The Immigration Appeals Tribunal ruled that the Irish same-sex marriage of a permanent resident has to be recognized for the purpose of granting the husband the status of spouse of a permanent resident. It held that differentiating between same-sex and opposite-sex marriages would be unconstitutional. [179] Yes check.svg Yes
Flag of the United Kingdom.svg Northern Ireland Flag of the United Kingdom.svg UKCase MootA case heard by the Court of Appeal on 16 March 2018 by an anonymous couple seeking to convert their Civil Union into marriage. [180] Meanwhile, in December 2020, the Northern Ireland Assembly legalized such conversions. [181] Further proceedings?
Flag of Bermuda.svg Bermuda Flag of the United Kingdom.svg UKMarch 2022The Domestic Partnership Act 2018 replacing equal marriage was found discriminatory and unconstitutional by the Supreme Court in June 2018, but the ruling was stayed for an appeal by the Government. The Court of Appeal in November 2018 rejected the appeal thus relegalizing same-sex marriage in Bermuda. [182] The Government has filed an appeal to the Privy Council, however, the ruling of the Court of Appeal is not stayed. [183] The Privy Council heard the case on 3 and 4 of February 2021. [184] On 14 March 2022, the Privy Council overturned the ruling of the Court of Appeal and ruled that legislation banning same-sex marriage in Bermuda was not unconstitutional. [185] X mark.svg No
Flag of the Cayman Islands.svg Cayman Islands Flag of the United Kingdom.svg UKMarch 2022In April 2018 a lawsuit against the statutory same-sex marriage ban was filed in the Grand Court. The hearing took place in February 2019. [186] [187] The court than ruled the current defenition of marriage unconstitutional. [188] [189] The ruling was appealed by the government, [190] and stayed. The Court of Appeal reversed the ruling of the Grand Court, stating that it relied too much on court rulings not being relevant for the case and thus again banning same-sex marriage on the island. Nonetheless, the Court of Appeal noted that some kind of recognition has to be granted, and that the government of the UK must step in, given that no Civil Unions are implemented. [191] The Privy Council heard the case on 23 and 24 February 2021. [192] On 14 March 2022, the Privy Council ruled that the Constitution did not provide right for same-sex marriage. [193] X mark.svg No
Flag of Veracruz.svg Veracruz Flag of Mexico.svg MexicoMay 2022In August 2020 the National Human Rights Commission filed a case of unconstitutionality against the Civil Code of the state. [194] The court ruled the articles in question to be void. [195] Yes check.svg Yes
Flag of Curacao.svg Curaçao and Flag of Aruba.svg Aruba Flag of the Netherlands.svg NetherlandsDecember 2022In September 2021, the Court of First Instance found that the exclusion of same-sex couples from marriage in Curacao was contrary to the equality principle in the constitution, but left it to the legislature to address the unlawful discrimination. [196] In December 2022, the Joint Court of Justice of Aruba, Curacao, and Sint Maarten ruled that the ban on same-sex marriage in Aruba and Curacao was unlawful discrimination and that same-sex couples must be allowed to marry in those islands. The effect of the ruling is stayed pending appeal and cassation. [197] Yes check.svg Yes
Flag of the British Virgin Islands.svg Virgin Islands Flag of the United Kingdom.svg UKPendingA Virgin Islands couple who were married in the UK filed suit in 2021 seeking local recognition of their marriage. [198] The case is set to be heard at the Eastern Caribbean Supreme Court in September 2022. [199]

See also

Notes

Related Research Articles

Same-sex marriage has been legal in Chile since 10 March 2022. In June 2021, the President of Chile, Sebastián Piñera, announced that his government would sponsor a bill to legalize same-sex marriage. The Senate of Chile passed the legislation on 21 July 2021, and the Chamber of Deputies gave its approval on 23 November 2021. Disagreements on some aspects of the bill led to the formation of a mixed commission to discuss it. Both chambers of the National Congress approved an identical version of the bill on 7 December 2021. President Piñera signed the legislation into law on 9 December, and it was published in the Diario Oficial de la República de Chile on 10 December. The law took effect 90 days later, with the first same-sex marriages taking place on 10 March 2022. Chile became the sixth country in South America to allow same-sex couples to marry, and was the 29th to do so worldwide.

<span class="mw-page-title-main">Same-sex marriage in Mexico</span> Overview of the status of same-sex marriage in Mexico

Same-sex marriage is legally recognized and performed throughout Mexico since 31 December 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country. Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.

Same-sex marriage has been legal in Colombia since 28 April 2016 in accordance with a 6–3 ruling from the Constitutional Court of Colombia that banning same-sex marriage is unconstitutional under the Constitution of Colombia. The decision took effect immediately, and made Colombia the fourth country in South America to legalize same-sex marriage, after Argentina, Brazil and Uruguay. The first same-sex marriage was performed in Cali on 24 May 2016. Colombia has also recognised same-sex de facto unions, providing some of the rights and benefits of marriage, since 2007.

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

Lesbian, gay, bisexual, and transgender (LGBT) people in Panama face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Panama, but same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples.

Several countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples.

Same-sex marriage has been legal in Chihuahua since 12 June 2015. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Chihuahua, more than 20 individual amparos were decided with the same outcome, yet the Congress did not act. In anticipation of the Supreme Court of Justice of the Nation ordering the Congress to act, Governor César Duarte Jáquez announced on 11 June that there would be no further prohibition in the state. Marriage licenses became available the following day, 12 June 2015. Chihuahua was the third Mexican state to legalize same-sex marriage, after Quintana Roo and Coahuila.

Same-sex marriage has been legal in Guerrero since 31 December 2022. After the Supreme Court of Justice of the Nation ruled that same-sex marriage bans are unconstitutional nationwide under the Constitution of Mexico on 12 June 2015, officials in Guerrero began announcing plans for a collective group wedding. Governor Rogelio Ortega Martínez submitted a same-sex marriage bill to Congress on 7 July 2015 and instructed civil registrars to issue marriage licenses to same-sex couples. Legislators lamented they would have preferred to have the bill passed before marriages took place, but given the time line presented, it was unlikely. On 10 July 2015, twenty same-sex couples were married by Ortega Martínez in Acapulco.

Same-sex marriage has been legal in Michoacán since 23 June 2016. On 18 May 2016, the Congress of Michoacán approved a bill to legalise same-sex marriage by a vote of 27 in favour, none opposed and 8 abstentions. The law was published in the state's official journal on 22 June, and took effect the following day. Previously, Congress had refused to amend the Family Code to legalize same-sex marriage, despite a ruling by a state judge requiring it to do so.

Same-sex marriage has been legal in Jalisco since a unanimous ruling by the Mexican Supreme Court on 26 January 2016 striking down the state's same-sex marriage ban as unconstitutional under Articles 1 and 4 of the Constitution of Mexico. The ruling was published in the Official Journal of the Federation on 21 April; however, some municipalities refused to marry same-sex couples until being ordered by Congress to do so on 12 May 2016. The state Congress passed a bill codifiying same-sex marriage into law on 6 April 2022.

Same-sex marriage has been legal in Chiapas in accordance with a Supreme Court ruling issued on 11 July 2017 that the ban on same-sex marriage violated the equality and non-discrimination provisions of Articles 1 and 4 of the Constitution of Mexico. The ruling, published in the Official Journal of the Federation on 11 May 2018, legalized same-sex marriage in the state of Chiapas.

Same-sex marriage has been legal in Morelos since 5 July 2016. A bill to amend the State Constitution to legalize same-sex marriage in Morelos passed Congress on 18 May 2016 by 20 votes to 6. Ratification by a majority of the state's 33 municipalities was confirmed on 27 June 2016. The law was published in the official state gazette on 4 July 2016 and took effect the following day.

Same-sex marriage has been legal in Baja California since 3 November 2017 when the Secretary General of Government, Francisco Rueda Gómez, instructed the state's civil registry to immediately begin issuing marriage licenses to same-sex couples and cease enforcement of the state's same-sex marriage ban. This was in line with jurisprudence established by the Mexican Supreme Court, which has ruled that same-sex marriage bans violate Articles 1 and 4 of the Constitution of Mexico. Previously, Baja California had banned same-sex marriage both by statute and in its state constitution.

Same-sex marriage is legal in Nuevo León is legal in accordance with a ruling from the Supreme Court of Justice of the Nation on 19 February 2019 that the state's ban on same-sex marriage violated the Constitution of Mexico. The ruling came into effect on 31 May 2019 upon publication in the Official Journal of the Federation. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Nuevo León, almost 20 individual amparos were decided with the same outcome, yet the state did not act. On 19 February 2019, the Supreme Court issued a definitive ruling in an action of unconstitutionality, declaring the state's same-sex marriage ban unconstitutional, void and unenforceable. Same-sex marriage was codified into law by the Nuevo León Congress on 14 June 2023.

Same-sex marriage has been legal in Zacatecas since 30 December 2021. On 14 December 2021, the Congress of Zacatecas passed a same-sex marriage bill by 18 votes to 10. The legislation was published in the official state gazette on 29 December, and came into force the following day. Prior to statewide legalisation, five municipalities of Zacatecas issued marriage licenses to same-sex couples despite a state ban, comprising about a quarter of the state population. These five municipalities were Zacatecas City, Cuauhtémoc, Villanueva, Miguel Auza and Fresnillo.

Same-sex marriage is legal in Aguascalientes in accordance with a ruling from the Supreme Court of Justice of the Nation on 2 April 2019 that the state's ban on same-sex marriage violated Articles 1 and 4 of the Constitution of Mexico. The ruling came into effect upon publication in the Official Gazette of the Federation on 16 August 2019, legalizing same-sex marriage in Aguascalientes.

Same-sex marriage has been legal in San Luis Potosí since 21 May 2019. The state Congress approved a bill to legalize same-sex marriage on 16 May 2019. It was signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day, legalizing same-sex marriage in San Luis Potosí.

Same-sex marriage has been legal in Veracruz since 13 June 2022. On 30 May 2022, the Mexican Supreme Court ruled that the state's same-sex marriage ban violated Articles 1 and 4 of the Constitution of Mexico. The Congress of Veracruz passed a bill to legalize same-sex marriage three days later on 2 June 2022. It was published in the official state journal on 13 June and went into effect the same day.

Same-sex marriage has been legal in Sinaloa since 30 June 2021. On 12 June 2021, a federal court ordered the Congress of Sinaloa to pass a same-sex marriage law by 15 June, in accordance with jurisprudence established by the Supreme Court of Justice of the Nation. Subsequently, same-sex marriage legislation passed Congress unanimously on 15 June. It was published in the official state journal on 29 June, and entered into force the following day, making Sinaloa the 20th Mexican state to legalize same-sex marriage.

Same-sex marriage has been legal in Guanajuato since 20 December 2021. That day, the Secretary General of Government, Libia Dennise García Muñoz, issued an official directive addressed to officials of the state civil registry that, effective immediately, same-sex couples can marry in the state. Guanajuato became the 23rd Mexican state, and the 24th jurisdiction, to legalize same-sex marriage.

Same-sex marriage has been legal in Tamaulipas since 19 November 2022. On 26 October 2022, the Congress of Tamaulipas passed a bill to legalize same-sex marriage in a 23–12 vote. The bill was published in the official state journal on 18 November, and took effect the following day. Tamaulipas was the second-to-last state in Mexico to legalize same-sex marriage.

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