Current Status (International)
28 April 2012
(Please contact webcontent@marriageequality.org with additions, corrections or updates.)
From Agency France-Presse (30 March 2011): Going Gay Around the World
The Netherlands (2001) was the first country to legalize same-sex marriages, with the first marriages performed in the Amsterdam City Hall on 1 April 2001. Since then, same-sex marriages have been recognized legally by Belgium (2003), Spain (2005), Canada (2005), South Africa (2006), Norway (2009), Sweden (2009), Portugal (2010), Iceland (2010), and Argentina (2010).
In the United States, same-sex marriages are recognized in its federal district, the District of Columbia (2010), and in five states: Massachusetts (2004), Connecticut (2008), Iowa (for 4 hours in 2007 and from 2009 to the present), Vermont (2009), New Hampshire (2010), and New York (2011). The U.S. state of Washington is scheduled to begin granting same-sex marriages on June 7, 2012, unless the issue is forced to a November 2012 voter referendum. A federal 1996 law, the Defense of Marriage Act (DOMA), prevents the U.S. federal government from recognizing same-sex marriages, but this law is under challenge in the courts and was ruled unconstitutional by a federal district court in Massachusetts. The MA ruling is currently under a stay, but if the stay is lifted, same-sex marriages in Massachusetts would be afforded both state and federal recognition. If the case is affirmed on appeal, it could be applied regionally in the U.S. or, if affirmed by the U.S. Supreme Court, nationwide. Same-sex marriage is also recognized in Mexico City (2010) and in the Cancun area (2012).
AFRICA
Algeria
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Angola
Same-sex sexual activity is not specifically outlawed, but other laws apply. "Habitual offenders" are sent to foced labor camps. There is no legal recognition of same-sex relationships.
Ascension Island
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Benin
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Botswana
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Burkina Faso
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships. Constitutional ban against same-sex marriage since 1991.
Burundi
Same-sex sexual activity is illegal, there is no legal recognition of same-sex relationships, constitutional ban against same-sex marriage since 2005..
Cameroon
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Central African Republic
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Chad
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Cape Verde
Same-sex sexual activity is legal since 2004, but there is no legal recognition of same-sex relationships.
Comoros
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Côte d'Ivoire
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Democratic Republic of the Congo
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Djibouti
It is unclear whether or not same-sex sexual activity is illegal. There is no legal recognition of same-sex relationships.
Egypt
Same-sex sexual activity is not specifically illegal, howver other laws may apply. There is no legal recognition of same-sex relationships.
Eritrea
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Equatorial Guinea
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Ethiopia
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Gabon
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Gambia
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Ghana
Same-sex sexual activity is illegal for males, legal for females, and there is no legal recognition of same-sex relationships.
Guinea
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Guinea-Bissau
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Kenya
Same-sex sexual activity is illegal for males, femailes aren't covered. There is no legal recognition of same-sex relationships and since 2010 the Constituion only addresses opposite-sex marriages.
Liberia
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Libya
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Lesotho
Same-sex sexual activity is illegal for males, legal for females. There is no legal recognition of same-sex relationships.
Madigascar
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Malawi
Same-sex sexual activity is illegal for males, legal for females. There is no legal recognition of same-sex relationships.
Mali
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Mauritania
Same-sex sexual activity is illegal, punishable by death, and there is no legal recognition of same-sex relationships.
Mauritius
Same-sex sexual activity is illegal for males, legal for females. There is no legal recognition of same-sex relationships.
Morocco
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Mozambique
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Namibia
Same-sex sexual activity is illegal but not enforced, and there is no legal recognition of same-sex relationships.
Niger
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Nigeria
Same-sex sexual activity is illegal for males; for females it is illegal in areas covered by Sharia and legal in areas not covered by Sharia. There is no legal recognition of same-sex relationships.
Reunion
Same-sex sexual activity is legal, and Pacte civil de solidarité have been in place since 1999. There is no same-sex marriage.
Republic of the Congo
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Rwanda
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Saint Helena
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
São Tomé and Príncipe
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Seychelles
Same-sex sexual activity is illegal for males and legal for females. There is no legal recognition of same-sex relationships.
Senegal
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Sierra Leone
Same-sex sexual activity is illegal for males and legal for females. There is no legal recognition of same-sex relationships.
Somalia
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Somaliland
Same-sex sexual activity is illegal, punishable by expulsion from the counrty and/or imprisonment up to life, and in some areas by the death penalty. There is no legal recognition of same-sex relationships.
South Africa
In December 2005, in the case of Minister of Home Affairs v. Fourie, the Constitutional Court of South Africa ruled unanimously that it was unconstitutional to prevent people of the same gender from marrying when marriage was permitted for people of opposite gender, and gave Parliament one year to "rework laws allowing same-sex unions". If Parliament does not act, the words "or spouse" will be added to the Marriage Act to allow these unions.
South Africa has completed the process of reorganizing certain government departments to support gay marriages. By July 2005, the Department of Home Affairs had completed the design and printing of new forms to allow for same-sex couples to apply for immigration and residence benefits. Several same-sex couples are already legally recognized as married, based on the definition of "spouse" in South Africa's Immigration Act of 2002.
In November 2006 the government of South Africa passed the Civil Unions Act, allowing for the "voluntary union of two persons, which is solemnized and registered by either a marriage or civil union". The law allows for churches to refuse to perform civil unions.
South Sudan
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Sudan
Same-sex sexual activity is illegal, no legal recognition of same-sex relationships, and there is a constituional ban against same-sex marriage.
Swaziland
Same-sex sexual activity is illegal for males, legal for females, but there is a law pending which would outlaw lesbian sex. There is no legal recognition of same-sex relationships.
Tanzania
Same-sex sexual activity is illegal punishable by up to life imprisonment, and there is no legal recognition of same-sex relationships.
Togo
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Tunisia
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Uganda
Same-sex sexual activity is illegal, there is no legal recognition of same-sex relationships, constitutional ban against same-sex marriage since 2005.
Western Sahara
Same-sex sexual activity is illegal and there is no legal recognition of same-sex relationships.
Zambia
Same-sex sexual activity is illegal for males, legal for females. There is no legal recognition of same-sex relationships.
Zimbabwe
Same-sex sexual activity is illegal for males, legal for females. There is no legal recognition of same-sex relationships.
ASIA
Nepal
Nepal's highest court, in November 2008, issued final judgment on matters related to LGBT rights. Based on its recommendation the government will introduce a same-sex marriage bill. Same-sex marriage and protection for sexual minorities will be included in the new Nepalese constitution currently being drafted.
China
The National People's Congress, legislature of the People's Republic of China (PRC), proposed legislation allowing same-sex marriages in 2003. During the course of the debate, the proposal failed to garner the 30 votes needed for a placement on the agenda. Same-sex marriage supporters have vowed to keep pressing for its passage in the PRC.
Japan
Article 24 of the Japanese constitution states that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis." The purpose of the clause was to counter previous feudal arrangement where the father or husband was legally recognized as the head of the household. However, the new constitution had the unintended consequence of defining the marriage as union of "both sexes", i.e. man and women. However, on 27 March 2009, it was reported that Japan has given the green light for its nationals to marry same-sex foreign partners in countries where same-sex marriages is legal. Japan does not allow same-sex marriages domestically and has so far also refused to issue a key document required for citizens to wed overseas if the applicant's intended spouse was of the same gender. Under the change, the justice ministry has told local authorities to issue the key certificate—which states a person is single and of legal age—for those who want to enter same-sex marriages.
India
On 2009-07-02, the Delhi High Court decriminalized homosexual intercourse within its jurisdiction of the national capital between consenting adults and judged Section 377 of the Indian Penal Code violates the fundamental right to life and liberty and the right to equality as guaranteed by the Constitution of India. Even so, Indian views on sexuality remain widely very conservative, and homosexuality is generally considered to be a taboo.
Taiwan
In 2003, the government of the Republic of China, (ROC, aka Taiwan) led by the Presidential Office, proposed legislation granting marriages to same-sex couples under the Human Rights Basic Law. However, it faced opposition among cabinet members and has not proceeded. ROC does not have any form of same-sex unions.
South Korea
On July 30, 2004, the Democratic Labor Party of South Korea filed a formal complaint against the Incheon District Court's decision to refuse recognition of same-sex marriages. The complaint was filed on the grounds that the decision is unconstitutional, because neither the Constitution nor civil law define marriage as being between a man and a woman (the only mentioned requisite is age of majority) and that the Constitution explicitly forbids discrimination "pertaining to all political, economic, social, or cultural aspects of life of an individual." The Committee also claimed that refusal to recognize same-sex marriages constitutes discrimination based on sexual orientation and a refusal to provide equal protection under the law.
Philippines
The New People's Army of the Philippines conducted the country's first same-sex marriage in 2005. However it was not recognized by the government. Within the government there has been some debate on the issue of same-sex unions. The Roman Catholic Church stands in fierce opposition to any such unions. But since 1991 the Metropolitan Community Church Philippines has been conducting Same-Sex Holy Unions in the Philippines. As of 2010, the issue of same-sex marriage is not "under consideration" in the Philippines. The only thing under consideration is a possible ban on same-sex marriage, including refusal to recognize marriages performed overseas. No political party has placed gay rights on its platform aside from Akbayan, a small party with only one representative in Congress. The Philippines has yet to even approve any anti-discrimination legislation, so any serious look at same-sex unions is likely decades or more away.
Cambodia
The King of Cambodia, Norodom Sihanouk, announced in 2004 that he supports legislation extending marriage rights to same-sex couples. However, since his proclamation no effort has been made to legislate for them.
Israel
Marriages in Israel are performed under the authority of the religion to which the couple belongs. For Jewish couples the responsible religious authority is the orthodox Chief Rabbinate of Israel. The Rabbinate does not permit same-sex marriages. However, on 26 November 2006 the Supreme Court of Israel ruled that five same-sex Israeli couples who had married in Canada were entitled to have their marriages registered in Israel.
EUROPE
Same-sex civil marriages are legally recognized nationwide in the Netherlands, Belgium, Norway, Spain, Sweden, Portugal and Iceland. In a number of other European countries, same-sex civil unions give similar rights to marriage.
Albania
Albania's governing party, the Democratic Party of Albania, proposed a law on 30 July 2009 that would allow same-sex marriages. However, for now only heterosexual marriages are recognized within Albania. The government has stated that the legislation is needed to stop discrimination against gay couples. A law was passed on 4 February 2010 by a unanimous vote to outlaw discrimination on the basis of sexual orientation but did not include the right to marry.
Armenia
The Republic of Armenia does not recognize any marriage/unions/partnerships between individuals of the same sex.
Austria
Austria has provided rights for de facto same-sex unions since 2003. A Registered Partnership Bill took effect on 1 January 2010. There is no same-sex marriage.
Azerbaijan
There are no established forms of legally recognized unions for same-sex couples. In 2010 two Azerbaijani MPs refused to attend European debates on same-sex marriage.
Belarus
No recognition of same-sex relationships; same-sex marriage is against the law; constitutional ban since 1994.
Belgium
On 2003-1-30 Belgium became the second country in the world to legally recognize same-sex marriage.
Bosnia & Herzegovina
No recognition of same-sex relationships; same-sex marriage is against the law.
Bulgaria
Bulgaria does not recognize any type of same-sex unions. The Constitution of Bulgaria defines marriage as a union between a man and a woman, effectively prohibiting legalization of same-sex marriage.
Croatia
Same-sex couples have certain protections including state recognition of shared assets and joint health coverage. The law, passed by the Croatian Parliament in 2003, only applies to same-sex couples living together for at least three years.
Cyprus
Czech Republic
On 15 March 2006 the parliament of the Czech Republic voted to override a presidential veto and allow same-sex partnerships to be recognized by law, effective 1 July 2006, granting registered couples inheritance and health care rights similar to married couples. The legislation did not grant adoption rights. The parliament had previously rejected similar legislation four times.
Denmark
Denmark was the first country, in 1989, to allow same-sex couples to form "registered partnerships," giving them a status and benefits similar to marriage, including recognition for purposes of immigration. However, registered couples in Denmark are not permitted to adopt children.
Estonia
No recognition of same-sex relationships; same-sex marriage is against the law.
Finland
Same-sex partnerships have become legally binding in Finland. The law, however, does not allow gay couples to adopt children or use the same surname. The legislation says Finns who are at least 18 can register a same-sex union in a civil ceremony comparable to marriage. It also gives gay couples the same rights as married heterosexual couples when inheriting each other's property, in cases of divorce, and for the purposes of immigration.
France
In May 2004, the largest opposition party in France, the French Socialist Party, announced its support for same-sex marriage. A 2004 poll by ELLE found that 64% of those polled in France supported same-sex marriage and 49% supported adoption by same-sex couples.
Georgia
No recognition of same-sex relationships; same-sex marriage is against the law.
Germany
In Germany there is a legal recognition of same-sex couples. Registered life partnerships, "Eingetragene Lebenspartnerschaft", effectively, a form of civil union, have been instituted since 2001, giving same-sex couples rights and obligations in areas such as inheritance, health insurance, immigration, name change, and maintenance (alimony and child support). In 2004, this act was amended to include adoption rights (stepchild adoption only) and to reform previously cumbersome dissolution procedures with regard to division of property and alimony.
Later that year, the Social Democratic Party, one of the oldest and largest political parties in Germany, and the Alliance '90/The Greens (a political party founded in the 1970s, based on progressive social movements in Germany) proposed allowing same-sex marriage. However, in recent years the Social Democratic Party ceased to push for same-sex marriage, opting instead to equalize rights for registered partners.
Greece
Greek law regarding civil marriage does not explicitly specify that the couple should be a female and a male. In Spring 2008, the Minister of Justice announced that a bill was to be introduced to Parliament in order to regulate civil partnerships, but refused to include provisions for same-sex couples in the bill. On 3 June 2008 the mayor of Tilos Island performed two same-sex civil weddings, one of a female couple and one of a male couple. This created a flurry of reactions, both positive and negative. The chief prosecutor of the Supreme Court declared that the weddings have no basis in law and initiated judicial action against the mayor, the Minister of Justice concurred. Many clerics declared their opposition, but the spokesman of the Primate of the Church of Greece said that people who marry "outside the church ... can do what they want". Most opposition parties declared their support both for same-sex civil marriage or partnership and for the mayor's actions. The newlyweds indicated that they intend to pursue the matter in the courts and, if not vindicated, take the issue to the European Court of Human Rights.
Greenland
The Danish law extends to same-sex couples in Greenland. (Greenland is a territory of Denmark.)
Hungary
Hungary was the fifth country in the world to legalize same-sex partnerships.
Unregistered cohabitation has been recognized since 1996. It applies to any couple living together in an economic and sexual relationship (common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. These rights and benefits are not automatically given – they must be applied for to the social department of the local government in each case. An amendment was made to the Civil Code: "Partners – if not stipulated otherwise by law – are two people living in an emotional and economic community in the same household without being married." Widow-pension is possible, partners cannot be heirs by law (without the need for a will), but can be designated as testamentary heirs.
The Hungarian Parliament on 21 April 2009 passed legislation by a vote of 199–159, called the Relationship Registry Act 2009 which allows same-sex couples to register their relationships so they can access the same rights, benefits and entitlements as opposite-sex couples (except for the right to marriage, adoption, IVF, surrogacy, taking a surname or become the legal guardian of their partner's child). The legislation does not allow opposite-sex couples to register their relationships (out of fear that there might be duplication under the law). The law becanme effective 1 July 2009.
Iceland
On 11 June 2010 a law was passed to make same-sex marriage legal in Iceland. The law took effect on 27 June 2010.
Ireland
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 was first debated in Dáil Éireann on 3 December 2009. It passed in Dáil Éireann without a vote on 1 July 2010 due to all parties supporting the bill. The bill passed in Seanad Éireann on 8 July 2010. It was signed by the President of Ireland on 19 July 2010. The Minister for Justice and Law Reform will make a Commencement Order setting the day on which the Act will take effect. It will grant many rights to same-sex couples by civil partnerships to them but will not recognize both civil partners as the guardians of a child being raised by the couple. Irish law allows married couples and individuals to apply to adopt and allows gay couples to foster. The Act will also give new protections to cohabitating couples, both same-sex and opposite-sex.
Italy
Pisa and Florence allow same-sex couples to register as domestic partners.
Kosovo
Kosovo's Constitution does not restrict its definition of marriage to the union between a man and a woman, however, same-sex couples are not currently recognized by law.
Latvia
In December 2005, the Latvian Parliament passed a constitutional amendment defining marriage as a union between a man and a woman. President Vaira Vīķe-Freiberga signed the amendment shortly afterward, making Latvia the third (after Poland and Lithuania) member state of the European Union to constitutionally define marriage as a union between a man and a woman.
Liechtenstein
Registered same-sex partnerships were legalized in 2011.
Lithuania
No recognition of same-sex relationships; same-sex marriage is against the law; constitutional ban since 1992.
Luxembourg
Recognition of same-sex relationships has been legal since 2004; same-sex marriage has been proposed.
Macedonia
No recognition of same-sex relationships; same-sex marriage is against the law.
Malta
No recognition of same-sex relationships.
Moldovia
No recognition of same-sex relationships; same-sex marriage is against the law; constitutional ban since 1994.
Monaco
No recognition of same-sex relationships; same-sex marriage is against the law.
Montenegro
No recognition of same-sex relationships; same-sex marriage is against the law; constitutional ban since 2007.
Netherlands
The Netherlands became the first country in the world to legalize same-sex marriages on 1 April 2001.
Norway
Same-sex marriage is legal in Norway. The Norwegian government proposed a marriage law on 14 March 2008, that would give gay couples the same rights as heterosexuals, including church weddings, adoption and assisted pregnancies. On 29 May 2008, the Associated Press reported that two Norwegian Opposition parties came out in favor of the new bill; the bill passed when the vote was held on 11 June 2008. The bill also specified that when a woman who is married to another woman becomes pregnant through artificial insemination, the partner would have all the rights of parenthood "from the moment of conception" - the law became effective on 1 January 2009.
Norway was also the second country to legalize registered partnerships, doing so in 1993. Since 1 January 2009, all registered partnerships from 1993–2008 were, upon request by the couples, upgraded to marriage status.
Poland
The constitution defines marriage as "a union of a man and a woman"; same-sex marriages have been proposed.
Portugal
In March 2001, the Socialist government of then Prime Minister António Guterres introduced legislation that would extend to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years. This effectively provides same-sex couples with the possibility to register their partnership as a Civil Union.
Same-sex marriage has been the source of debate since February 2006 when a lesbian couple was denied a marriage license. They have taken their case to court based on the ban to discrimination based on one's sexual orientation as stipulated by the 1976 constitution. Prime Minister José Sócrates of the Socialist Party was reelected in September 2009 and included same-sex marriage in his party program. There is now a majority of the left in the Parliament, with all the left parties in favor of same-sex marriage. A bill that recognizes same-sex marriage was proposed by the government and approved by parliament on 8 January 2010. Portugal's parliament rejected proposals to allow homosexual couples to adopt. The Portuguese President ratified the bill on 17 May 2010. The law became effective on 5 June 2010. The first marriage was celebrated on 7 June 2010 between Teresa Pires and Helena Paixão, the same lesbian couple that was denied a marriage license in 2006.
Romania
No recognition of same-sex relationships; same-sex marriage has been proposed.
Russia
No recognition of same-sex relationships; same-sex marriage is against the law.
San Marino
There are no laws on same-sex marriage or registered partnership. Moreover, there are no cohabitation rights for neither same-sex or opposite-sex couples.
Serbia
No recognition of same-sex relationships; same-sex marriage is against the law; the constitution defines marriage as "a union of a man and a woman."
Slovakia
There is no legal recognition of same-sex couples in Slovakia. Bills to recognise same-sex partnerships were introduced twice, in 1997 and in 2000, but were rejected. The Green Party supports registered partnerships for same-sex couples.In March 2012, the Freedom and Solidarity announced that it will submit draft law on registered partnerships.
Slovenia
In July 2006, Slovenia became the first former Yugoslavian country to recognize domestic partnerships nationwide. In December 2009 the Slovenian government approved a new Family Code, which includes same-sex marriage and same-sex adoption. Although Slovenia's gay and lesbian organizations welcomed the move, at the same time they criticized the law as insufficient and discriminatory, compared with heterosexual marriages. The law covers only property relations, the right/obligation to support a socially weaker partner and inheritance rights to a degree. Meanwhile it does not grant any rights in the area of social security (social and health insurance, pension rights) and it does not confer the status of a next-of-kin to the partners. In early July 2010 the Constitutional Court declared that the Same Sex Unions Act is discriminatory and unconstitutional in its provisions related to inheritance.
Spain
Spain became the third country in the world (after the Netherlands and Belgium) to legalize same-sex marriage. After being elected in June 2004, Spanish Prime Minister Zapatero restated his pre-election pledge to push for legalization of same-sex marriage. On 1 October 2004 the Spanish Government approved a bill to legalize same-sex marriage, including adoption rights. The bill received full parliamentary approval on 30 June 2005 and passed into law on July 2, becoming fully legal on 3 July.
Sweden
Following a bill introduced jointly by six of the seven parties in the Riksdag, a gender-neutral marriage law was adopted on 1 April 2009. It came into force on May 1 of that year, replacing the old legislation on registered partnerships. On 22 October 2009, the assembly of the Church of Sweden (which is no longer officially the national church, but whose assent was needed for the new practice to work smoothly within its ranks) voted strongly in favor of giving its blessing.
Switzerland
Voters in the canton of Zurich voted 63 to 37 to give same-sex couples the same legal rights as married opposite-sex couples. This includes tax, inheritance, and social security benefits. These rights are only given to same-sex couples who live in Zurich canton and who register with the government, promising to live together and support each other for six months.
Turkey
Although same-sex sexual activity has been legal in Turkey since 1858, there is no recognition of same-sex relationships in Turkey.
Ukraine
No recognition of same-sex relationships; same-sex marriage is against the law; the constitution defines marriage as "a union of a man and a woman."
United Kingdom
On 18 November 2004 the United Kingdom Parliament passed the Civil Partnership Act, which came into force in December 2005 allowing same-sex couples to register their partnership. The government stressed during the passage of the bill that it is not same-sex marriage, and some gay activists have criticized the act for not using the terminology of marriage. However, the rights and duties of partners under this legislation are almost exactly the same as for married couples. An amendment proposing similar rights for family members living together was rejected. The British press widely refers to these unions as "gay marriage." In September 2011 the government of the UK announced its intention to introduce same-sex civil marriage by the time of the General Election in 2015.
Vatican City (Holy See)
Same-sex relationships are illegal in the Vatican City. As of March 2012 the Pope warned that changing the definition of marriage could have many cultural and political effects, reiterated Roman Catholic doctrine regarding same-sex relationships and quashed any hopes that the Vatican or Catholicism in general will alter their views.
NORTH AMERICA (See our State-by-State listing for the United States of America)
Bermuda
Same-sex sexual activity is legal, but there is no legal recognition of same-sex relationships.
Canada
In Canada between 2003 and 2005, the provincial supreme courts of Ontario, British Columbia, Alberta, Quebec, Manitoba, Nova Scotia, Saskatchewan, Newfoundland, Labrador, and New Brunswick, as well as the Yukon Territory, ruled the prohibition of same-sex marriage to be contrary to the Charter of Rights, thus legalizing it in those jurisdictions. A similar ruling by the Supreme Court of Canada (Re Same-Sex Marriage) in December 2004 paved the way for national recognition of same-sex marriage. On 20 July 2005 the Canadian Parliament passed the Civil Marriage Act, defining marriage nationwide as "the lawful union of two persons to the exclusion of all others." This was challenged on 6 December 2006 by a motion tabled by the newly elected Conservative party, asking the government to introduce amendments to the Marriage Act to restrict marriage to opposite-sex couples; it was defeated in the House of Commons by a vote of 175 to 123.
Canada does not have a residency requirement for marriage; consequently, many foreign couples have gone to Canada to marry, regardless of whether that marriage will be recognized in their home country. In fact, in some cases, a Canadian marriage has provided the basis for a challenge to the laws of another country, with cases in Ireland and Israel.
As of 11 November 2004 the Canadian federal government's immigration department, Citizenship and Immigration Canada (CIC), considers same-sex marriages performed in Canada valid for the purposes of sponsoring a spouse to immigrate. Canadian immigration authorities previously considered long-term, same-sex relationships to be equivalent to similar heterosexual relationships as grounds for sponsorship.
Mexico
On 9 November 2006 Mexico City's unicameral Legislative Assembly passed and approved a bill legalizing same-sex civil unions, under the name Ley de Sociedades de Convivencia (Law for Co-existence Partnerships), which became effective on 16 March 2007. The law recognizes property and inheritance rights to same-sex couples. On 11 January 2007 the northern state of Coahuila, which borders Texas, passed a similar bill under the name Pacto Civil de Solidaridad (Civil Pact of Solidarity). Unlike Mexico City's law, once same-sex couples have registered in Coahuila, the state protects their rights no matter where they live in the country. Twenty days after the law passed, the country's first same-sex civil union took place in Saltillo, Coahuila. As of January 2012 same-sex marriages are possible in the region of Mexico known as Quintana Roo (Cancun), "thanks to a legal gap in the Civil Code," which speaks only to "people interested in getting married" without specifying their gender.
On 21 December 2009, Mexico City's Legislative Assembly legalized same-sex marriages and adoption by same-sex couples. The law was enacted and became effective in March 2010. In January 2010, in the northwestern Mexican state of Sonora, a same-sex marriage bill was proposed. In southeastern Tabasco, the state's largest political parties, the Institutional Revolutionary Party (PRI) and the Party of the Democratic Revolution (PRD), have announced their support for same-sex marriage in the 2010 agenda. In the western state of Michoacán, the Party of the Democratic Revolution (PRD) has announced it will propose bills concerning civil unions, same-sex marriage and adoption by same-sex couples in 2010. In neighboring Colima, Governor Mario Anguiano Moreno has agreed to discuss the legalization of civil unions and adoption by same-sex couples.
Coquille
In 2008, the Native American Coquille Nation passed a law recognizing same-sex marriage; it is believed to be the first tribal nation to do so. Although the Oregon voters approved an amendment to the Oregon Constitution in 2004 to prohibit such marriages, the Coquille are not bound by the Oregon Constitution, because they are a federally recognized sovereign nation.
Cherokee
After a Cherokee lesbian couple applied for a marriage license, the Cherokee Nation Tribal Council unanimously approved a Constitutional amendment in 2004 defining marriage as between one man and one woman. The couple appealed to the judicial court on grounds that their union predated the amendment, and on 22 December 2005 the Judicial Appeals Tribunal of the Cherokee Nation dismissed an injunction against the lesbian couple filed by members of the Tribal Council to stop the marriage.
CENTRAL AMERICA
Belize
Costa Rica
Same-sex sexual activity is legal, same-sex marriage is illegal, adoption is illegal, no relationship protections. In 2006, the Supreme Court ruled in a 5–2 decision that it was not required by the constitution to recognize same-sex couples in family law. Legal recognition of same-sex unions has been considered by the Legislative Assembly.
El Salvador
Same-sex sexual activity is legal, same-sex marriage is illegal, adoption is illegal, no relationship protections.
Guatamala
Same-sex sexual activity is legal, same-sex marriage is illegal, adoption is illegal, no relationship protections.
Honduras
Same-sex sexual activity is legal; same-sex marriage is against the law, there are constitutional bans against both same-sex marriage and adoption by LGBT people.
Nicaragua
Same-sex sexual activity is legal, marriage is illegal, adoption is illegal, no relationship protections.
Panama
Same-sex sexual activity is legal, marriage is illegal, adoption is illegal, no relationship protections.
SOUTH AMERICA
Argentina
On 22 July 2010, Argentina became the first country in Latin America to legalize gay marriage. The law also allows same-sex couples to adopt.
Bolivia
Constitutional bans against same-sex marriage and adoption.
Brazil
The country is debating a law that would allow same-sex civil unions throughout the nation; marriage is pending before the Supreme Federal Court, Supremo Tribunal Federal. Legally, same sex couples can currently have unregistered cohabitation rights and full rights to adopt children.
Chile
Same-sex marriage is pending.
Columbia
The Colombian Constitutional Court ruled in February 2007 that same-sex couples are entitled to the same inheritance rights as heterosexuals in common-law marriages. This ruling made Colombia the first South American nation to legally recognize gay couples. Furthermore, in January 2009, the Court ruled that same-sex couples must be extended all of the rights offered to cohabitating heterosexual couples. A court ruling will make same-sex marriage legal on 20 July 2013 if Congress does not prevent it.
Ecuador
In 2009 Ecuador became the first country in South America where same-sex civil union couples are legally recognized as a family and share all the same rights of married heterosexual couples. There is a constituional ban against adoption by same-sex couples.
Falkland Islands
Same-sex relationships have been reconized since 2005; same-sex marriage is not legal; adoption by same-sex couples is legal.
French Guiana
Civil unions, Pacte civil de solidarité, have been legal since 1999.
Guyana
Same-sex sexual activities for males is illegal; no relationship protection or recognition.
Paraguay
Constitutional ban on civil unions and same-sex marriage since 1992.
Uruguay
Uruguay became the first country in South America to allow civil unions (for both opposite sex and same-sex couples) in a national platform on January 1, 2008. Child adoption by same-sex couples has been legal since 2009.
Venezuela
Civil union bill passed first reading, becomes law if passes second. There is no legal recognition of same-sex couples explicitly in the Venezuelan law.
OCEANA
Australia
Since August 2004, same-sex marriage has been banned under an amended federal law Marriage Act 1961 (Amendment) Act 2004 so that neither a foreign same-sex marriage can be recognized, nor a same-sex marriage performed in the Commonwealth. This effectively banned same-sex marriage in Australia. The law, which prior to 2004 had not defined marriage specifically, appropriated marriage as the "voluntary union of one man and one woman to the exclusion of all others." In 1874 under the Hyde vs. Hyde case marriage was defined in the common law as a "voluntary union of one man and one woman to the exclusion of all others." Neither Civil partnerships nor civil unions are recognized by the Commonwealth Government. The Federal Opposition, namely the Australian Labor Party under the leadership of Mark Latham, joined with the Government to support the ban, amid strong objection from the Australian Democrats and The Greens. It was passed on 13 August 2004 as effective from the day of assent. In June 2009, polling showed that 60 percent of Australians support same-gender marriage (Galaxy).
The states and territories of New South Wales, Tasmania, Victoria and the Australian Capital Territory have a "registered partnership" system that is available for all couples. These state-level registered relationships are recognized on both the state and Commonwealth Government levels. Even some councils such as Sydney, Melbourne and Yarra provide a relationship register for symbolic recognition, but provide no legal recognition. However, all Government levels of Australia have some form of "de-facto status recognition" or "common-law marriage" that recognizes both same sex and opposite sex couples, called "unregistered co-habitation".
Surviving partners from same-sex couples are able to claim tax-free pension benefits from deceased partners. Same-sex partners of members of the Australian Defense Force are granted the same benefits as spouses of married soldiers. Same-sex couples can sponsor their partners for immigration purposes.
New Zealand
In New Zealand civil unions, which impart all of the same rights and privileges as marriage, are allowed, with the exception of adoption.
