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The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions (including same-sex marriages, civil unions, domestic partnerships or cohabitation) who may consist of at least one servicemember of a nation's military.
The issue of recognition is usually predicated upon two pre-existing or debated criteria:
If both criteria are fulfilled, the question becomes a matter of how many rights, liberties or benefits are conferred by a military upon same-sex spouses of military servicemembers. Such stipulations include:
No data currently exist on adoption of children or parenting by same-sex military families. In countries which legally recognize at least same-sex unregistered cohabitation, same-sex adoption and open service in the military, the allowance of same-sex adoption by such countries' armed forces is more likely assured.
In addition to the issues and occurrences which are encountered in general LGBT parenting, children in same-sex military families would also encounter issues which are endemic to children of opposite-sex military couples, such as deployment, frequent household reassignment, life among other military children (i.e., in school, playtime, socialization), care for wounded parents, life after the death of a parent, dependent benefits, and so on.
In 2002 the South African National Defence Force extended medical and pension benefits, which had previously only been available to the spouses of military personnel, to their life partners without regard to gender. This came about as a consequence of the Constitutional Court's ruling in Satchwell v President of the Republic of South Africa ; although that case involved the same-sex partner of a High Court judge, the reasoning was applicable to all government employees. [1] Same-sex marriages have been possible since 2006 and are legally equivalent to opposite-sex marriages.
The Brazilian Armed Forces recognize same-sex cohabitation unions and marriages and treats same-sex couples with military spouses as legally equivalent to different-sex couples. Married couples, though, may have more rights than those in "stable unions" or cohabitation.
The Canadian Armed Forces recognize same-sex marriages and treats same-sex couples with military spouses as legally equivalent to opposite-sex couples.
Until 1993, military policy strictly forbid non-heterosexuals from serving in the military. In 1993, the military instated the "Don't ask, don't tell" policy, which only restricted non-heterosexuals from serving if they were open about their sexual orientation. In September 2011, this policy was repealed, allowing non-heterosexuals to openly serve in the military. [2]
On 14 August 2013, the Department of Defense (DoD) announced that it would provide spousal and family benefits to servicemembers in same-sex marriages on the same terms as it does to those in different-sex marriages. The benefits, which include health care coverage, housing allowances, military ID cards, and survivor benefits, can be claimed retroactive to 26 June, the day of the Supreme Court decision in United States v. Windsor that held the statute under which the U.S. military was withholding those benefits, Section 3 of the Defense of Marriage Act, unconstitutional. A same-sex marriage must be documented by a marriage certificate that establishes that the marriage was valid where it was celebrated. The DoD also announced that servicemembers who need to travel to a jurisdiction that allows them to marry will be afforded 7 days leave to do so, 10 days if they are stationed outside the U.S. Secretary of Defense Chuck Hagel said: "This will provide accelerated access to the full range of benefits offered to married military couples throughout the department, and help level the playing field between opposite-sex and same-sex couples seeking to be married". The DoD set 3 September as its target date for implementation. [3] [4]
On 13 September 2013, VA home loan benefits were extended to include same sex marriages. [5]
Since 1999, civil solidarity pacts (PACS) can be entered into by same-sex and opposite-sex couples, but do not possess several rights that married couples have. PACS are recognized by the French Armed Forces, but consequently confer fewer abilities or benefits to (same-sex or opposite-sex) couples than marriages[ citation needed ].
Legislation passed by Parliament on 13 January 2011 granted military partners living under PACS equal access to pensions as those given to married opposite-sex couples[ citation needed ]. In France, same-sex couples are allowed to wed, and are eligible to full military family benefits under French law[ citation needed ].
The Irish Defence Forces allow for married service members to record their partnership status on their personnel file[ citation needed ].
Portugal allows all citizens to serve openly in the military regardless of sexual orientation, as the constitution explicitly forbids any discrimination on that basis, therefore openly allowing lesbians and gays to serve in the military. [6] Their partners, married or not, are eligible for all benefits as is the case with other civil servants.
Since December 2005, spouses in civil partnerships are entitled to spousal benefits (including life insurance benefits, pensions, employment benefits), immigration equality, and similar recognition as opposite-sex military spouses for tax purposes. Civil partners are also allowed accommodation in military housing, security clearance and allowances. [7]
Since March 2014, UK military same-sex couples can get married (as well as UK civilians), under the Marriage (Same Sex Couples) Act 2013. [8] [9]
On 9 December 2017 same-sex marriage was officially legalized throughout Australia. From 1 July 2009 couples of any sex have de facto the same legal rights and benefits as married couples. The Australian Defence Force policies on couples of any sex follow a directive from the Minister of Defense of 1 January 2010 that enforces the terms of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008. [10] [11]
Same-sex civil unions became legal in 2005 and marriage became law in New Zealand in 2013. [12]
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.
A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.
Same-sex marriage has been legal in the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage.
Same-sex marriage has been legal in Belgium since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. King Albert II granted his assent, and the bill entered into force on 1 June. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands. "Statutory cohabitation", a form of civil union open to any two legally consenting cohabiting persons, has been available since 1 January 2000.
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.
Israel has granted unregistered cohabitation for same-sex couples since 1994, in the form of common-law marriage, a status that until then was only extended to opposite-sex couples. Following lawsuits, same-sex couples enjoy several spousal benefits (1994–1996) and the right of same-sex partners of civil service employees to survivor benefits (1998).
Lesbian, gay, bisexual, and transgender (LGBT) rights in Austria have advanced significantly in the 21st century, and are now among the most advanced in Europe. Both male and female forms of same-sex sexual activity are legal in Austria. Registered partnerships were introduced in 2010, giving same-sex couples some of the rights of marriage. Stepchild adoption was legalised in 2013, while full joint adoption was legalised by the Constitutional Court of Austria in 2016. On 5 December 2017, the Austrian Constitutional Court decided to legalise same-sex marriage, and the ruling went into effect on 1 January 2019.
China does not recognize same-sex marriage or civil unions. Since 1 October 2017, couples have been able to enter into guardianship agreements, offering partners some limited legal benefits, including decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. Attempts to legalise same-sex marriage in 2020 were unsuccessful, but public opinion polls show that support for same-sex marriage is rising in China.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Israel are considered the most developed in the Middle East. Although same-sex sexual activity was legalized in 1988, the former law against sodomy had not been enforced since a court decision in 1963. Israel became the first country in Asia to recognize unregistered cohabitation between same-sex couples, making it the first country in Asia to recognize same-sex unions in any capacity. Although same-sex marriages are not performed in the country, Israel recognizes same-sex marriages performed elsewhere. Discrimination on the grounds of sexual orientation was prohibited in 1992. Same-sex couples are allowed to jointly adopt, following a landmark court decision in 2008. Previously, stepchild adoption, as well as limited co-guardianship rights for non-biological parents, were permitted. LGBT people are also allowed to serve openly in the military.
In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Republic of Ireland have improved greatly in recent decades, and are now among the most advanced in Europe. Ireland is notable for its transformation from a country holding overwhelmingly conservative attitudes toward LGBT 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.
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.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
This is a list of notable events in the history of LGBT rights that took place in the year 2008.
Slovakia does not recognise same-sex marriage or civil unions. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014. Bills to recognise same-sex civil partnerships have been introduced several times, most recently in 2023, but all have been rejected. However, there is some legal recognition for unregistered cohabiting same-sex couples; limited rights for a "close person" are recognised under civil and penal law.
The United States military formerly excluded gay men, bisexuals, and lesbians from service. In 1993, the United States Congress passed, and President Bill Clinton signed, a law instituting the policy commonly referred to as "Don't ask, don't tell" (DADT), which allowed gay, lesbian, and bisexual people to serve as long as they did not reveal their sexual orientation. Although there were isolated instances in which service personnel were met with limited success through lawsuits, efforts to end the ban on openly gay, lesbian, and bisexual people serving either legislatively or through the courts initially proved unsuccessful.
Gay and lesbian citizens have been allowed to serve openly in His Majesty's Armed Forces since 2000. The United Kingdom's policy is to allow lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel to serve openly, and discrimination on a sexual orientation basis is forbidden. It is also forbidden for someone to pressure LGBT people to come out. All personnel are subject to the same rules against sexual harassment, regardless of gender or sexual orientation.
Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.
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