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Wikipedia

Same-sex marriage

January 13, 2023

"Marriage equality" and "gay marriage" redirect here. For other uses, see marriage equality (disambiguation) and gay marriage (disambiguation).

Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender.[1] As of 2023, marriage between same-sex couples is legally performed and recognized in 33 countries, constituting some 1.35 billion people (17% of the world's population), with the most recent being Mexico. In Andorra, a law allowing same-sex marriage will come into force on 17 February 2023.[2]

Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself is criminalized. There are records of marriage between men dating back to the first century.[3] In the modern era, the first civil government to knowingly issue a marriage license to a same-sex couple was Blue Earth County, Minnesota, United States in 1971.[4] It is legally recognized in a large majority of the world's developed democracies, while it is not in all of the world's Islamic polities and most Marxist-Leninist[a] or otherwise authoritarian states.[5]

The first law providing for marriage equality between same-sex and opposite-sex couples was passed in the continental Netherlands in 2000 and took effect on 1 April 2001.[6] The application of marriage law equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through referendums and initiatives.[7][8] The most prominent supporters of same-sex marriage are the world's major medical and scientific communities, along with human rights and civil rights organizations, while its most prominent opponents are religious fundamentalist groups. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing countries.

Scientific studies show that the financial, psychological, and physical well-being of gay people are enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions.[9] Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research also repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals.[10][11] Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights.[12] Opposition to same-sex marriage is based on claims such as that homosexuality is unnatural and abnormal, that children are better off when raised by opposite-sex couples, that recognition of same-sex marriage violates freedom of religion and undermines religion, that legalizing same-sex marriage would lead to polygamous and incestuous marriages being legalized, that legalization would undermine the institutions of marriage and the family, that same-sex couples cannot procreate, and that the recognition of same-sex unions will promote homosexuality in society.[13][14][15] The first two claims are refuted by scientific studies, which show that homosexuality is a natural and normal variation in human sexuality, and that sexual orientation is not a choice. Many studies have shown that children of same-sex couples fare just as well as the children of opposite-sex couples; some studies have shown benefits to being raised by same-sex couples.[16]

Terminology

Alternative terms

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

Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), and Canadians for Equal Marriage—have long used the terms marriage equality and equal marriage to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage.[17][18][19][20][21][22][23] The Associated Press recommends the use of same-sex marriage over gay marriage.[24]

Use of the term marriage

Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of the social construct across cultures around the world.[25][26] Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 African peoples, such as the Kikuyu and Nuer.[26][27][28]

With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions.[29][30] The Oxford English Dictionary has recognized same-sex marriage since 2000.[31]

Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as the Church of Jesus Christ of Latter-day Saints, the Catholic Church, and the Southern Baptist Convention, use the term traditional marriage to mean opposite-sex marriage.[32][33]

History

Main article: History of same-sex unions
For a chronological guide, see Timeline of same-sex marriage.
For broader coverage of this topic, see History of homosexuality.

Ancient

A reference to marriage between same-sex couples appears in the Sifra, which was written in the 3rd century CE. The Book of Leviticus prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men."[34]

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

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

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

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

Conubium existed only between a civis Romanus and a civis Romana (that is, between a male Roman citizen and a female Roman citizen), so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases).[47] Furthermore, according to Susan Treggiari, "matrimonium was then an institution involving a mother, mater. The idea implicit in the word is that a man took a woman in marriage, in matrimonium ducere, so that he might have children by her."[48]

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

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

Contemporary

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

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

In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child".[54] In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples.[6][55] Since then, same-sex marriage has been established by law in 31 other countries, including most of the Americas and Western Europe. Yet its spread has been uneven — South Africa is the only country in Africa to take the step; Taiwan is the only one in Asia.[56]

Timeline

Main article: Timeline of same-sex marriage

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

Dates are when marriages between same-sex couples began to be officially certified.

2001   Netherlands (1 April)
2002
2003
2004
2005
2006   South Africa (30 November)
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
TBD

Same-sex marriage around the world

Main articles: Legal status of same-sex marriage, Same-sex union legislation, and Recognition of same-sex unions by country

Same-sex marriage is legally performed and recognized in the following countries: Argentina, Australia,[b] Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark,[c] Ecuador,[d] Finland, France,[e] Germany, Iceland, Ireland, Luxembourg, Malta, Mexico,[f] the Netherlands,[g] New Zealand,[h] Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan,[i] the United Kingdom,[j] the United States,[k] and Uruguay. It will become legal in Andorra on 17 February 2023.

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

Same-sex marriage is under consideration by the legislature or the courts in the Choctaw Nation,[57] Czech Republic,[58] Greece,[59] Honduras,[60] India,[61][62] Liechtenstein,[63] the Navajo Nation,[64] the remaining countries in the Netherlands,[65] Thailand[66] and Venezuela.[67]

Civil unions are being considered in a number of countries, including Lithuania,[68] the Philippines,[69] Serbia,[70] Peru,[71] Thailand[66] and Ukraine.[72]

On 12 March 2015, the European Parliament passed a non-binding resolution encouraging EU institutions and member states to "[reflect] on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue".[73][74][75] In 2018, the Inter-American Court of Human Rights ruled that all signatory countries must allow same-sex marriage.

Notable countries:

  •   United States: The first country where a local jurisdiction knowingly issued a marriage license to a same-sex couple (1971)
  •   Denmark: The first country to offer civil unions (1989)
  •   Netherlands: The first country to legalize same-sex marriage, and the first European one (2001)
  •   Canada: The first American country to legalize same-sex marriage (2005)
  •   South Africa: The first country to legalize same-sex marriage through court ruling and the first African one (2005)
  •   Mexico: The first local jurisdiction to legalize same-sex marriage in Latin America (2010)
  •   Argentina: The first South American country to legalize same-sex marriage (2010)
  •   New Zealand: The first Oceanian country to legalize same-sex marriage (2013)
  •   Ireland: The first country to legalize same-sex marriage through referendum (2015)
  •   Taiwan: The first Asian country to legalize same-sex marriage (2019)
  •   Cuba: The first one-party state to legalize same-sex marriage (2022)[76]

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

 
  Same-sex marriage banned by secular constitution
  Same-sex marriage banned by constitutionally mandated Islamic law or morality
  Same-sex marriage banned for Muslims
  No constitutional ban

International court rulings

European Court of Human Rights

In 2010, the European Court of Human Rights (ECHR) ruled in Schalk and Kopf v Austria, a case involving an Austrian same-sex couple who were denied the right to marry.[77] The court found, by a vote of 4 to 3, that their human rights had not been violated.[78] The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination"). Furthermore, under European Convention of Human Rights, states are not obliged to allow same-sex marriage:[79]

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

— European Court of Human Rights, Schalk and Kopf v Austria[77]

British Judge Sir Nicolas Bratza, then head of the European Court of Human Rights, delivered a speech in 2012 that signaled the court was ready to declare same-sex marriage a "human right", as soon as enough countries fell into line.[80][81][82]

Article 12 of the European Convention on Human Rights states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right",[83] not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone".[77]

European Union

Further information: Coman and Others v General Inspectorate for Immigration and Ministry of the Interior

On 5 June 2018, the European Court of Justice ruled, in a case from Romania, that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage.[84][85] However, the ruling was not implemented in Romania and on 14 September 2021 the European Parliament passed a resolution calling on the European Commission to ensure that the ruling is respected across the EU.[86][87]

Inter-American Court of Human Rights

 
Alexandra Chávez and Michelle Avilés, the first same-sex couple to marry in Ecuador

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

The Court said that governments "must recognize and guarantee all the rights that are derived from a family bond between people of the same sex". They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as civil unions) instead of same-sex marriage. The Court demanded that governments "guarantee access to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination". Recognizing the difficulty in passing such laws in countries where there is strong opposition to same-sex marriage, it recommended that governments pass temporary decrees until new legislation is brought in.[88]

The ruling has directly led to the legal recognition of same-sex marriage in Costa Rica and Ecuador. In the wake of the ruling, lawsuits regarding same-sex marriage have also been filed in Bolivia, Honduras,[89] Panama,[90] Paraguay (to recognize marriages performed abroad),[91] and Peru,[92] all of which are under the jurisdiction of the IACHR.

International organizations

The terms of employment of the staff of international organizations (not commercial) in most cases are not governed by the laws of the country where their offices are located. Agreements with the host country safeguard these organizations' impartiality.

Despite their relative independence, few organizations recognize same-sex partnerships without condition. The agencies of the United Nations recognize same-sex marriages if the country of citizenship of the employees in question recognizes the marriage.[93] In some cases, these organizations do offer a limited selection of the benefits normally provided to mixed-sex married couples to de facto partners or domestic partners of their staff, but even individuals who have entered into a mixed-sex civil union in their home country are not guaranteed full recognition of this union in all organizations. However, the World Bank does recognize domestic partners.[94]

Other arrangements

Civil unions

Main article: Civil union
 
Many advocates, such as this November 2008 protester at a demonstration in New York City against California Proposition 8, reject the notion of civil unions, describing them as inferior to the legal recognition of same-sex marriage.[95]

Civil union, civil partnership, domestic partnership, registered partnership, unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of 13 January 2023, countries that have an alternative form of legal recognition other than marriage on a national level are: Andorra, Croatia, Cyprus, the Czech Republic, Estonia, Greece, Hungary, Israel, Italy, Liechtenstein, and San Marino.[96][97] Poland and Slovakia offer more limited rights. On a subnational level, the Dutch constituent country of Aruba allows same-sex couples to access civil unions or partnerships, but restrict marriage to couples of the opposite sex. Additionally, various cities and counties in Cambodia and Japan offer same-sex couples varying levels of benefits, which include hospital visitation rights and others.

Additionally, seventeen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: Argentina, Australia, Austria, Belgium, Brazil, Chile, Colombia, Ecuador, France, Luxembourg, Malta, the Netherlands, Portugal, South Africa, Spain, the United Kingdom and Uruguay.[98][99][100][101]

They are also available in parts of the United States (Arizona,[l] California, Colorado, Hawaii, Illinois, New Jersey, Nevada and Oregon) and Canada.[102][103]

Non-sexual same-sex marriage

Kenya

Main article: LGBT rights in Kenya

Female same-sex marriage is practiced among the Gikuyu, Nandi, Kamba, Kipsigis, and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family.[104]

Nigeria

Main article: Same-sex marriage in Nigeria

Among the Igbo people and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage.[105]

Studies

The American Anthropological Association stated on 26 February 2004:

The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies.[11]

Research findings from 1998 to 2015 from the University of Virginia, Michigan State University, Florida State University, the University of Amsterdam, the New York State Psychiatric Institute, Stanford University, the University of California-San Francisco, the University of California-Los Angeles, Tufts University, Boston Medical Center, the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support the findings of this study.[106][vague]

Adolescence

A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among school students in grades 9–12 declined by 7% and the rate of attempted suicide among high schoolers of a minority sexual orientation in grades 9–12 declined by 14% in states that established same-sex marriage, resulting in about 134,000 fewer attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (expanding from one state in 2004 to all fifty states in 2015) to compare the rate of attempted suicide among youth in each state over the time period studied. Once same-sex marriage was established in a particular state, the reduction in the rate of attempted suicide among youth in that state became permanent. No reduction in the rate of attempted suicide among teenage youth occurred in a particular state until that state recognized same-sex marriage.[107][108] The lead researcher of the study stated that "laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future".[109][110][111]

Parenting

Main article: LGBT parenting
 
Lesbian couple with children

Professional organizations of psychologists have concluded that children stand to benefit from the well-being that results when their parents' relationship is recognized and supported by society's institutions, e.g. civil marriage. For example, the Canadian Psychological Association (CPA) stated in 2006 that "parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally-recognized union."[112] The CPA has stated that the stress encountered by gay and lesbian parents and their children are more likely the result of the way society treats them than because of any deficiencies in fitness to parent.[112]

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

There is ample evidence to show that children raised by same-gender parents fare as well as those raised by heterosexual parents. More than 25 years of research have documented that there is no relationship between parents' sexual orientation and any measure of a child's emotional, psychosocial, and behavioral adjustment... The rights, benefits, and protections of civil marriage can further strengthen these families.[113]

Health

The American Psychological Association stated in 2004: "Denial of access to marriage to same-sex couples may especially harm people who also experience discrimination based on age, race, ethnicity, disability, gender and gender identity, religion, socioeconomic status and so on." It has also averred that same-sex couples who may only enter into a civil union, as opposed to a marriage, "are denied equal access to all the benefits, rights, and privileges provided by federal law to those of married couples", which has adverse effects on the well-being of same-sex partners.[114]

As of 2006, the data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships.[113][115]

In 2009, a pair of economists at Emory University tied the passage of state bans on same-sex marriage in the United States to an increase in the rates of HIV infection.[116][117] The study linked the passage of a same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.[118] In 2010, a Columbia University Mailman School of Public Health study examining the effects of institutional discrimination on the psychiatric health of lesbian, gay and bisexual (LGB) individuals found an increase in psychiatric disorders, including a more than doubling of anxiety disorders, among the LGB population living in states that instituted bans on same-sex marriage. According to the author, the study highlighted the importance of abolishing institutional forms of discrimination, including those leading to disparities in the mental health and well-being of LGB individuals. Institutional discrimination is characterized by societal-level conditions that limit the opportunities and access to resources by socially disadvantaged groups.[119][120]

Issues

See also: LGBT rights opposition

While few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation.[citation needed] Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising,[121] undermines a right of children to be raised by their biological mother and father.[122] Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships,[123] while others argue that same-sex marriages would provide social benefits to same-sex couples.[m] The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.[citation needed]

Parenting

Main articles: LGBT parenting and Same-sex marriage and the family
 
Gay couple with a child

Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers.[124][112][125][126][127]

Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents.[112][127][128][129] According to scientific literature reviews, there is no evidence to the contrary.[113][130][131][132]

Adoption

Main article: LGBT adoption
 
Legal status of adoption by same-sex couples around the world:
  Joint adoption allowed1
  Second-parent (stepchild) adoption allowed2
  No laws allowing adoption by same-sex couples and no same-sex marriage
  Same-sex marriage but adoption by married same-sex couples not allowed

All states that allow same-sex marriage also allow the joint adoption of children by those couples with the exceptions of Ecuador, Taiwan, and a third of states in Mexico; in Taiwan, only step-child adoption of biological children is allowed; in the others, no adoption is allowed, though such restrictions have been ruled unconstitutional in Mexico. In addition, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage nonetheless permit joint adoption by unmarried same-sex couples. Some additional states that do not recognize same-sex marriage allow stepchild adoption by couples in civil unions: Estonia, Italy (on a case-by-case basis) and San Marino.

As of 2010, more than 16,000 same-sex couples were raising an estimated 22,000 adopted children in the United States,[133] 4% of all adopted children.[134]

Surrogacy and IVF treatment

Main article: Assisted reproductive technology

A gay or bisexual man has the option of surrogacy, the process in which a woman bears a child for another person through artificial insemination or carries another woman's surgically implanted fertilized egg to birth. A lesbian or bisexual woman has the option of artificial insemination.[135][136] Whether these arrangements are legal are subject to controversy in several jurisdictions.[137]

Transgender and intersex people

See also: Transgender rights and Intersex human rights

The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are transgender, depending on how sex is defined within a jurisdiction. Transgender and intersex individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions.[citation needed] In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity.[138]

In the United Kingdom, the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate[citation needed], and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006.[139] In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but was phased out in 2013.[140] In the United States, transgender and intersex marriages was subject to legal complications.[141] As definitions and enforcement of marriage are defined by the states, these complications vary from state to state,[142] as some of them prohibit legal changes of gender.[143]

Divorce

Main article: Divorce of same-sex couples

In the United States before the case of Obergefell v. Hodges, couples in same-sex marriages could only obtain a divorce in jurisdictions that recognized same-sex marriages, with some exceptions.[144]

Judicial and legislative

Main article: Conflict of marriage laws § Same-sex marriage

There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "majority rules" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.[145]

In contrast, a civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.[146]

Public opinion

 
Public opinion of same-sex marriage. Fraction in favor:[147]
See also: Public opinion of same-sex marriage in the United States and Public opinion of same-sex marriage in Australia

Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of the world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world.[148][149][150][151][152][needs update]

Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.[153][154][155][156][157][needs update]

Opinion polls for same-sex marriage by country
  Same-sex marriage performed nationwide
  Same-sex marriage performed in some parts of the country
  Civil unions or registered partnerships nationwide
  Same-sex sexual activity is illegal
Country Pollster Year For[n] Against[n] Neither[o] Margin
of error 		Source
  Andorra Institut d'Estudis Andorrans 2013 70%
(79%) 		19%
(21%) 		11% [158]
  Antigua and Barbuda AmericasBarometer 2017 12% – – [159]
  Argentina Ipsos 2021 73%
(79%) 		19%
(21%) 		(another 9% support some rights)
9% not sure 		±4.8% [160]
  Armenia Pew Research Center 2015 3%
(3%) 		96%
(97%) 		1% ±3% [161][162]
  Aruba 2021 46% [163]
  Australia Ipsos 2021 62%
(70%) 		27%
(30%) 		(another 14% support some rights)
11% not sure 		±3.5% [160]
  Austria Eurobarometer 2019 66%
(69%) 		30%
(31%) 		4% [164]
  Bahamas AmericasBarometer 2015 11% – – [165]
  Belarus Pew Research Center 2015 16%
(16%) 		81%
(84%) 		3% ±4% [161][162]
  Belgium Ipsos 2021 72%
(79%) 		19%
(21%) 		(another 12% support some rights)
10% not sure 		±3.5% [160]
  Belize AmericasBarometer 2014 8% – – [165]
  Bolivia AmericasBarometer 2017 35% 65% – ±1.0% [159]
  Bosnia and Herzegovina Pew Research Center 2015–2016 13%
(14%) 		84%
(87%) 		4% ±4% [161][162]
  Brazil Ipsos 2021 55%
(63%) 		32%
(37%) 		(another 14% support some rights)
14% not sure 		±3.5% [p] [160]
  Bulgaria Eurobarometer 2019 16%
(18%) 		74%
(82%) 		10% [164]
  Cambodia TNS Cambodia 2015 55%
(65%) 		30%
(35%) 		15% [166]
  Canada Ipsos 2021 75%
(83%) 		15%
(17%) 		(another 7% support some rights)
10% not sure 		±3.5% [160]
  Chile Plaza Pública-Cadem 2022 82% 16% 2% ±3.7% [167]
Ipsos 2021 65%
(72%) 		25%
(28%) 		(another 17% support some rights)
11% not sure 		±4.8% [p] [160]
  China Ipsos 2021 43%
(52%) 		39%
(48%) 		(another 20% support some rights)
18% not sure 		±3.5% [p] [160]
  Colombia INVAMER-POLL 2022 48% 46% 6% [168]
  Costa Rica AmericasBarometer 2017 35% 65% – ±1.2% [165]
  Croatia Eurobarometer 2019 39%
(41%) 		55%
(59%) 		6% [164]
  Cuba Apretaste 2019 63% 37% – [169]
  Cyprus Eurobarometer 2019 36%
(38%) 		60%
(62%) 		4% [164]
  Czech Republic Median agency 2019 67% – – [170]
  Denmark Eurobarometer 2019 89%
(92%) 		8%
(8%) 		3% [164]
  Dominica AmericasBarometer 2017 10% 90% – ±1.1% [159]
  Dominican Republic AmericasBarometer 2016 27% 73% – ±1.0% [159]
  Ecuador AmericasBarometer 2019 23%
(31%) 		51%
(69%) 		26% [171]
  El Salvador Universidad Francisco Gavidia 2021 82.5% – [172]
  Estonia Eurobarometer 2019 41%
(45%) 		51%
(55%) 		8% [164]
  Finland Eurobarometer 2019 76%
(78%) 		21%
(22%) 		3% [164]
  France Ipsos 2021 59%
(73%) 		22%
(27%) 		(another 15% support some rights)
19% not sure 		±3.5% [160]
Eurobarometer 2019 79%
(84%) 		15%
(16%) 		6% [164]
  Georgia Women’s Initiatives Supporting Group 2021 10%
(12%) 		75%
(88%) 		15% [173]
  Germany Ipsos 2021 68%
(75%) 		23%
(25%) 		(another 13% support some rights)
9% not sure 		±3.5% [160]
Eurobarometer 2019 84%
(88%) 		12%
(12%) 		4% [164]
  Greece Kapa Research 2020 56%
(58%) 		40%
(42%) 		4% ±3% [174]
  Grenada AmericasBarometer 2017 12% 88% – ±1.4% [159]
  Guatemala AmericasBarometer 2017 23% 77% – ±1.1% [159]
  Guyana AmericasBarometer 2017 21% 79% – ±1.3% [165]
  Haiti AmericasBarometer 2017 5% 95% – ±0.3% [159]
  Honduras CID Gallup 2018 17%
(18%) 		75%
(82%) 		8% [175]
  Hungary Ipsos 2021 46%
(55%) 		38%
(45%) 		(another 20% support some rights)
17% not sure 		±4.8% [160]
  Iceland Gallup 2006 89% 11% – [176]
  India Ipsos 2021 44%
(58%) 		32%
(42%) 		(another 14% support some rights)
25% not sure 		±4.8% [p] [160]
Mood of the Nation 2019 24%
(28%) 		62%
(72%) 		14% [177][178]
  Ireland Eurobarometer 2019 79%
(86%) 		13%
(14%) 		8% [164]
  Israel Hiddush 2019 55% 45%[179] – ±4.5% [180]
  Italy Ipsos 2021 63%
(68%) 		30%
(32%) 		(another 20% support some rights)
7% not sure 		±3.5% [160]
  Jamaica AmericasBarometer 2017 16% 84% – ±1.0% [159]
  Japan Asahi Shimbun 2021 65%
(75%) 		22%
(25%) 		13% [181]
Ipsos 2021 40%
(53%) 		35%
(47%) 		(another 29% support some rights)
25% not sure 		±3.5% [160]
  Kazakhstan Pew Research Center 2016 7%
(7%) 		89%
(93%) 		4% [161][162]
  Latvia Eurobarometer 2019 24%
(26%) 		70%
(74%) 		6% [164]
  Liechtenstein Liechtenstein Institut 2021 72% 28% 0% [182]
  Lithuania Eurobarometer 2019 30%
(32%) 		63%
(68%) 		7% [164]
  Luxembourg Eurobarometer 2019 85%
(90%) 		9%
(10%) 		6% [164]

  Malaysia

Ipsos 2021 8%
(10%) 		73%
(90%) 		(another 8% support some rights)
19% not sure 		±4.8% [p] [160]
  Malta Eurobarometer 2019 67%
(73%) 		25%
(27%) 		8% [164]
  Mexico Ipsos 2021 63%
(73%) 		23%
(27%) 		(another 13% support some rights)
14% not sure 		±4.8% [p] [160]
  Moldova Pew Research Center 2015 5%
(5%) 		92%
(95%) 		3% ±4% [161][162]
  Mozambique (3 cities) Lambda 2017 28%
(32%) 		60%
(68%) 		12% [183]
  Netherlands Ipsos 2021 84%
(90%) 		9%
(10%) 		(another 6% support some rights)
8% not sure 		±4.8% [160]
  New Zealand Colmar Brunton 2012 63%
(66%) 		31%
(33%) 		5% [184]
Herald DigiPoll 2013 50%? 48% 2%? ±3.6% [185]
  Nicaragua AmericasBarometer 2017 25% 75% – ±1.0% [159]
  Norway Pew Research Center 2017 72%
(79%) 		19%
(21%) 		9% [161][162]
  Panama AmericasBarometer 2017 22% 78% – ±1.1% [159]
  Paraguay AmericasBarometer 2017 26% 74% – ±0.9% [159]
  Peru Ipsos 2021 35%
(41%) 		51%
(59%) 		(another 33% support some rights)
14% not sure 		±4.8% [p] [160]
  Philippines SWS 2018 22%
(26%) 		61%
(73%) 		16% [186]
  Poland Ipsos 2022 48%
(50%) 		47%
(49%) 		(another 10% support civil unions)
4% not sure 		[187]
Ipsos 2021 29%
(33%) 		60%
(67%) 		(another 38% support some rights)
12% not sure 		±4.8% [160]
  Portugal Eurobarometer 2019 74%
(79%) 		20%
(21%) 		6% [164]
  Romania ACCEPT Romania 2021 26% 74% (another 17% support legal protection) ±3% [188]
  Russia Ipsos 2021 17%
(21%) 		64%
(79%) 		(another 12% support some rights)
20% not sure 		±4.8% [p] [160]
FOM 2019 7%
(8%) 		85%
(92%) 		8% ±3.6% [189]
  Saint Kitts and Nevis AmericasBarometer 2017 9% 91% – ±1.0% [159]
  Saint Lucia AmericasBarometer 2017 11% 89% – ±0.9% [159]
  Saint Vincent and the Grenadines AmericasBarometer 2017 4% 96% – ±0.6% [159]
  Serbia Pew Research Center 2015 12%
(13%) 		83%
(87%) 		5% ±4% [161][162]
  Singapore IPS 2019 27%
(31%) 		60%
(69%) 		13% [190]
  Slovakia Eurobarometer 2019 20%
(22%) 		70%
(78%) 		10% [164]
  Slovenia Eurobarometer 2019 62%
(64%) 		35%
(36%) 		3% [164]
  South Africa Ipsos 2021 59%
(69%) 		27%
(31%) 		(another 12% support some rights)
14% not sure 		±4.8% [p] [160]
  South Korea Ipsos 2021 36%
(45%) 		44%
(55%) 		(another 18% support some rights)
20% not sure 		±4.8% [160]
  Spain Ipsos 2021 76%
(85%) 		13%
(15%) 		(another 8% support some rights)
11% not sure 		±3.5% [160]
  Suriname AmericasBarometer 2014 18% – – [165]
  Sweden Ipsos 2021 79%
(86%) 		13%
(14%) 		(another 10% support some rights)
8% not sure 		±4.8% [160]
  Switzerland gfs-zürich 2020 82%
(83%) 		17%
(17%) 		1% ±3.2% [191]
  Taiwan Department of Gender Quality (DGE) 2021 60.4% [192]
  Thailand NIDA Poll 2015 59%
(63%) 		35%
(37%) 		6% [193]
  Trinidad and Tobago AmericasBarometer 2014 16% – – [165]
  Turkey Ipsos 2021 24%
(35%) 		45%
(65%) 		(another 20% support some rights)
32% not sure 		±4.8% [p] [160]
  Ukraine Kyiv International Institute of Sociology 2022 27%
(39%) 		42%
(61%) 		31% ±2.4% [194]
  United Kingdom Ipsos 2021 68%
(76%) 		21%
(24%) 		(another 14% support some rights)
11% not sure 		±3.5% [160]
  United States Gallup 2022 71%
(%) 		%
(%) 		% ±4% [195]
Ipsos 2021 59%
(68%) 		28%
(32%) 		(another 13% support some rights)
13% not sure 		±3.5% [160]
  Uruguay AmericasBarometer 2017 75% 25% – ±1.1% [159]
  Venezuela AmericasBarometer 2017 39% 61% – ±1.2% [159]
  Vietnam The iSEE Institute 2014 34%
(39%) 		53%
(61%) 		13% [196]


See also

Notes

  1. ^ In the 19th and 20th century, communist parties and Marxist–Leninist states varied on LGBT rights; some were among the first political parties to support LGBT rights while others harshly persecuted people of the LGBT community, especially those who were homosexual men. In 2022, Cuba became the first Marxist-Leninist polity to legally recognize same-sex marriage after the 2022 Cuban Family Code referendum. China, Laos, Vietnam, and North Korea presently do not legally recognize same-sex marriage. See communism and LGBT rights for more information.
  2. ^ Same-sex marriage is performed and recognized by law in continental Australia and in the non-self-governing possessions of Norfolk Island, Christmas Island and the Cocos Islands, which follow Australian law.
  3. ^ Same-sex marriage is performed and recognized by law in continental Denmark, the Faroe Islands and Greenland, which together make up the Realm of Denmark.
  4. ^ Same-sex marriage is performed and recognized throughout Ecuador, but such couples are not considered married for purposes of adoption and may not adopt children.
  5. ^ Same-sex marriage is performed and recognized by law in metropolitan France and in all French overseas regions and possessions, which follow a single legal code.
  6. ^ Same-sex marriage is available in all jurisdictions, though the process is not everywhere as straightforward as it is for opposite-sex marriage and does not always include adoption rights.
  7. ^ Same-sex marriage is performed and recognized by law in the continental Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba. Marriages entered into there have minimal recognition in Aruba, Curaçao and Sint Maarten, which together make up the Kingdom of the Netherlands.
  8. ^ Same-sex marriage is performed and recognized by law in New Zealand proper, but not in its possession of Tokelau, nor in the Cook Islands and Niue, which make up the Realm of New Zealand.
  9. ^ Same-sex marriage is performed and recognized in Taiwan, but unlike opposite-sex married couples, same-sex married couples have not been able to adopt unrelated children as a couple without a court order, though one spouse may adopt the other's genetic children.
  10. ^ Same-sex marriage is performed and recognized by law in all parts of the United Kingdom and in its non-Caribbean possessions, but not in its Caribbean possessions, namely Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands.
  11. ^ Same-sex marriage is performed and recognized by law in all fifty states of the USA and in the District of Columbia, in all overseas territories except American Samoa, and in all tribal nations that do not have their own marriage laws, as well as in most nations that do. The largest of the dozen or so known exceptions among the federal reservations are Navajo and Gila River, and the largest among the shared-sovereignty Oklahoma Tribal Statistical Areas are the Creek, Choctaw and Citizen Potawatomi. These polities ban same-sex marriage and do not recognize marriages from other jurisdictions, though members may still marry under state law and be accorded all the rights of marriage under state and federal law.
  12. ^ Legally available in the Arizona municipalities of Bisbee, Clarkdale, Cottonwood, Jerome, Sedona and Tucson.
  13. ^ Dale Carpenter is a prominent spokesman for this view. For a better understanding of this view, see Carpenter's writings at . Independent Gay Forum. Archived from the original on 17 November 2006. Retrieved 31 October 2006.
  14. ^ a b Because some polls do not report 'neither', those that do are listed with simple yes/no percentages in parentheses, so their figures can be compared.
  15. ^ Comprises: Neutral; Don't know; No answer; Other; Refused.
  16. ^ a b c d e f g h i j [+ more urban/educated than representative]

References

  1. ^ "Same Sex Marriage States 2022". World Population Review. Retrieved 22 May 2022. Same-sex marriage is the marriage of people of the same sex or gender
  2. ^ "Llei 30/2022, del 21 de juliol, qualificada de la persona i de la família". Bopa.ad. Retrieved 24 August 2022.
  3. ^ Williams, CA., Roman Homosexuality: Second Edition, Oxford University Press, 2009, p. 280, p. 284.
  4. ^ William N. Eskridg Jr. and Christopher R. Riano, "Marriage Equality: From Outlaws to In-Laws", Yale University Press (2020), Chapter 24.
  5. ^ Staff (2 December 2022). "Marriage Equality: Global Comparisons". Council on Foreign Relations. Retrieved 1 January 2023.
  6. ^ a b Winter, Caroline (4 December 2014). "In 14 years, same-sex marriage has spread round the world". Bloomberg. from the original on 13 January 2022. Retrieved 20 February 2022.
  7. ^ "Same-sex Oklahoma couple marries legally under tribal law". KOCO. 26 September 2013. from the original on 22 October 2013. Retrieved 22 October 2013.
  8. ^ "Clela Rorex, former Boulder County Clerk who issued first same-sex marriage license in 1975 dies at 78". 19 June 2022.
  9. ^ Multiple sources:
    • American Psychological Association (2004). (PDF). Archived from the original (PDF) on 11 May 2011. Retrieved 10 November 2010.
    • American Sociological Association. . Archived from the original on 12 August 2007. Retrieved 10 November 2010.
    • "Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)" (PDF). (PDF) from the original on 13 April 2015. Retrieved 5 November 2010.
    • (PDF). Canadian Psychological Association. Archived from the original (PDF) on 7 July 2012. Retrieved 28 September 2012.
    • Pawelski JG, Perrin EC, Foy JM, et al. (July 2006). "The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children". Pediatrics. 118 (1): 349–64. doi:10.1542/peds.2006-1279. PMID 16818585.
    • Pawelski, J. G.; Perrin, E. C.; Foy, J. M.; Allen, C. E.; Crawford, J. E.; Del Monte, M.; Kaufman, M.; Klein, J. D.; Smith, K.; Springer, S.; Tanner, J. L.; Vickers, D. L. (2006). "The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children". Pediatrics. 118 (1): 349–364. doi:10.1542/peds.2006-1279. PMID 16818585. from the original on 1 May 2011. Retrieved 7 July 2017.
  10. ^ "Brief of Amici Curiae American Anthropological Association et al., supporting plaintiffs-appellees and urging affirmance – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)" (PDF). (PDF) from the original on 26 December 2010. Retrieved 5 November 2010.
  11. ^ a b American Anthropological Association (2004). "Statement on Marriage and the Family". from the original on 12 September 2015. Retrieved 18 September 2015.
  12. ^ Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy — Page 13, Wallace Swan – 2004
  13. ^ Cline, Austin (16 July 2017). "Common Arguments Against Gay Marriage". from the original on 14 April 2019. Retrieved 26 September 2017.
  14. ^ "The freedom of religion argument could actually make gay marriage opponents more tolerant". The Washington Post. 10 April 2015. Retrieved 19 July 2022.
  15. ^ "Arguments for and against gay marriage". Debating Europe. Retrieved 16 August 2022.
  16. ^ Multiple sources:
    • Coghlan, Andy (16 June 2008). "Gay brains structured like those of the opposite sex". New Scientist. from the original on 29 April 2019. Retrieved 5 April 2018.
    • . American Anthropological Association. Archived from the original on 28 December 2019. Retrieved 9 June 2015.
    • Mary Ann Lamanna; Riedmann, Agnes; Susan D Stewart (2014). Marriages, Families, and Relationships: Making Choices in a Diverse Society. Cengage Learning. p. 82. ISBN 978-1305176898. from the original on 30 November 2016. Retrieved 11 February 2016. [T]he APA says that sexual orientation is not a choice [...]. (American Psychological Association, 2010).
    • Pawelski, J. G.; Perrin, E. C.; Foy, J. M.; Allen, C. E.; Crawford, J. E.; Del Monte, M.; Kaufman, M.; Klein, J. D.; Smith, K.; Springer, S.; Tanner, J. L.; Vickers, D. L. (2006). "The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children". Pediatrics. 118 (1): 349–364. doi:10.1542/peds.2006-1279. PMID 16818585. from the original on 29 April 2019. Retrieved 2 November 2013.
    • American Medical Association, American Academy of Pediatrics, American Psychological Association, American Psychiatric Association, American Association for Marriage and Family Therapy, National Association of Social Workers, American Psychoanalytic Association, American Academy of Family Physicians; et al. (PDF). supremecourt.gov. Archived from the original (PDF) on 12 April 2019. Retrieved 5 April 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
    • Davis, Annie (22 October 2017). "Children raised by same-sex parents do as well as their peers, study shows". The Guardian. from the original on 29 April 2019. Retrieved 28 March 2018.
    • Bever, Lindsey (7 July 2014). "Children of same-sex couples are happier and healthier than peers, research shows". The Washington Post. from the original on 4 May 2019. Retrieved 12 December 2018.
    • . American Association for Marriage and Family Therapy. Archived from the original on 16 June 2019. Retrieved 16 June 2019. Most research studies show that children with two moms or two dads fare just as well as children with heterosexual parents... Where research differences have been found, they have sometimes favored same-sex parents.
    • Marcoux, Heather (23 July 2018). "Major long-term study:Kids with lesbian parents grow up to be happy adults". Retrieved 16 June 2019. The researchers note that the kids in same-sex homes actually reported fewer difficulties than those born to heterosexual couples.[permanent dead link]
    • Pawelski, James G.; Perrin, Ellen C.; Foy, Jane M.; Allen, Carole E.; Crawford, James E.; Del Monte, Mark; Kaufman, Miriam; Klein, Jonathan D.; Smith, Karen; Springer, Sarah; Tanner, J. Lane; Vickers, Dennis L. (July 2006). "The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children". Pediatrics. American Academy of Pediatrics. 118 (1): 349–64. doi:10.1542/peds.2006-1279. PMID 16818585. from the original on 1 May 2011. Retrieved 16 June 2019. In fact, growing up with parents who are lesbian or gay may confer some advantages to children.
  17. ^ "Marriage Equality". Garden State Equality. from the original on 18 October 2014. Retrieved 24 July 2012.
  18. ^ . Freedom to Marry. Archived from the original on 16 February 2010. Retrieved 28 September 2012.
  19. ^ Pratt, Patricia (29 May 2012). "Albany area real estate and the Marriage Equality Act". Albany Examiner. Retrieved 25 December 2012. On July 24, 2011 the Marriage Equality Act became a law in New York State forever changing the state's legal view of what a married couple is.
  20. ^ "Vote on Illinois marriage equality bill coming in January: sponsors". Chicago Phoenix. 13 December 2012. from the original on 26 December 2012. Retrieved 23 December 2012.
  21. ^ . Human Right Commission New Zealand. Archived from the original on 2 December 2012. Retrieved 23 December 2012.
  22. ^ Mulholland, Helene (27 September 2012). "Ed Miliband calls for gay marriage equality". The Guardian. London, UK. from the original on 28 September 2013. Retrieved 23 December 2012.
  23. ^ Ring, Trudy (20 December 2012). "Newt Gingrich: Marriage Equality Inevitable, OK". The Advocate. Los Angeles. from the original on 23 December 2012. Retrieved 25 December 2012. He [Newt Gingrich] noted to HuffPo that he not only has a lesbian half-sister, LGBT rights activist Candace Gingrich, but has gay friends who've gotten married in Iowa, where their unions are legal. Public opinion has shifted in favor of marriage equality, he said, and the Republican Party could end up on the wrong side of history if it continues to go against the tide.
  24. ^ APStylebook [@APStylebook] (12 February 2019). "The term same-sex marriage is preferred over gay marriage. In places where it's legal, same-sex marriage is no different than other marriages, so the term should be used only when germane and needed to distinguish from marriages between heterosexual couples. #APStyleChat" (Tweet). from the original on 19 October 2022. Retrieved 13 December 2022 – via Twitter.
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  27. ^ Murray, Stephen O.; Roscoe, Will (2001). Boy-wives and female husbands : studies of African homosexualities (1st pbk. ed.). New York: St. Martin's. ISBN 978-0312238292. from the original on 4 February 2021. Retrieved 28 October 2020.
  28. ^ Njambi, Wairimu; O'Brien, William (Spring 2001). "Revisiting "Woman-Woman Marriage": Notes on Gikuyu Women". NWSA Journal. 12 (1): 1–23. doi:10.1353/nwsa.2000.0015. S2CID 144520611. from the original on 13 January 2012. Retrieved 28 September 2012.
  29. ^ "Dictionaries take lead in redefining modern marriage". The Washington Times. 24 May 2004. from the original on 18 September 2012. Retrieved 25 September 2012.
  30. ^ "Webster Makes It Official: Definition of Marriage Has Changed". American Bar Association. from the original on 27 April 2015. Retrieved 28 September 2012.
  31. ^ Redman, Daniel (7 April 2009). "Noah Webster Gives His Blessing: Dictionaries recognize same-sex marriage—who knew?". Slate. from the original on 17 September 2011. Retrieved 28 September 2012.
  32. ^ "The Divine Institution of Marriage". The Church of Jesus Christ of Latter-day Saints. 13 August 2008. from the original on 11 June 2019. Retrieved 28 September 2012.
  33. ^ . Baptist Press. 19 May 2006. Archived from the original on 14 July 2014. Retrieved 30 September 2011.
  34. ^ Rabbi Joel Roth. Homosexuality 24 August 2017 at the Wayback Machine rabbinicalassembly.org 1992.
  35. ^ Shaw criticizes Boswell's methodology and conclusions as disingenuous Shaw, Brent (July 1994). "A Groom of One's Own?". The New Republic. pp. 43–48. Archived from the original on 7 May 2006. Retrieved 25 June 2009.
  36. ^ Boswell, John (1995). Same-sex unions in premodern Europe. New York: Vintage Books. pp. 80–85. ISBN 978-0-679-75164-9. from the original on 21 July 2020. Retrieved 28 October 2020.
  37. ^ Frier, Bruce. . University of Michigan. Archived from the original on 30 December 2011. Retrieved 25 September 2012.
  38. ^ Bunson, M., Encyclopedia of the Roman Empire, Infobase Publishing, 2009, p. 259.
  39. ^ "Cassius Dio — Epitome of Book 80". Penelope.uchicago.edu. Retrieved 7 July 2017.
  40. ^ Herodian. "Herodian of Antioch, History of the Roman Empire (1961) pp.135–152. Book 5". Tertullian.org. from the original on 29 April 2019. Retrieved 7 July 2017.
  41. ^ Scarre, Chris (1995). Chronicles of the Roman Emperors. London: Thames and Hudson Ltd. p. 151. ISBN 978-0-500-05077-4. from the original on 4 February 2021. Retrieved 28 October 2020.
  42. ^ Williams, CA., Roman Homosexuality: Second Edition, Oxford University Press, 2009, pp. 279–284.
  43. ^ Williams, CA., Roman Homosexuality: Second Edition, Oxford University Press, 2009, p. 284.
  44. ^ a b Nero missed her so greatly that, on learning of a woman who resembled her, he sent for her and kept her; but later he caused a boy of the freedmen, whom he used to call Sporus, ... "he formally "married" Sporus, and assigned the boy a regular dowry according to contract;" q.v., Suetonius Nero 28; Dio Cassius Epitome 62.28
  45. ^ "Bill Thayer's Web Site". Penelope.uchicago.edu. Retrieved 7 July 2017.
  46. ^ "Cassius Dio — Epitome of Book 62". Penelope.uchicago.edu. Archived from the original on 11 October 2013. Retrieved 7 July 2017.
  47. ^ Corbett, The Roman Law of Marriage (Oxford, 1969), pp. 24–28; Treggiari, Roman Marriage (Oxford, 1991), pp. 43–49.; "Marriages where the partners had conubium were marriages valid in Roman law (iusta matrimonia)" [Treggiari, p. 49]. Compare Ulpian (Tituli Ulpiani) 5.3–5: "Conubium is the capacity to marry a wife in Roman law. Roman citizens have conubium with Roman citizens, but with Latins and foreigners only if the privilege was granted. There is no conubium with slaves"; compare also Gaius (Institutionum 1:55–56, 67, 76–80).
  48. ^ Treggiari, Roman Marriage (Oxford, 1991), p. 5.
  49. ^ Kuefler, Mathew (2007). "The Marriage Revolution in Late Antiquity: The Theodosian Code and Later Roman Marriage Law". Journal of Family History. 32 (4): 343–370. doi:10.1177/0363199007304424. S2CID 143807895.
  50. ^ Eidolon, 2015, Michael Fontaine, Associate Professor of Classics and Assistant Dean, Cornell University "nubit…feminam" for "cubit...infamen," and the Law does not provide for it."
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January 13, 2023
same, marriage, marriage, equality, marriage, redirect, here, other, uses, marriage, equality, disambiguation, marriage, disambiguation, also, known, marriage, marriage, people, same, gender, 2023, update, marriage, between, same, couples, legally, performed, . Marriage equality and gay marriage redirect here For other uses see marriage equality disambiguation and gay marriage disambiguation Same sex marriage also known as gay marriage is the marriage of two people of the same sex or gender 1 As of 2023 update marriage between same sex couples is legally performed and recognized in 33 countries constituting some 1 35 billion people 17 of the world s population with the most recent being Mexico In Andorra a law allowing same sex marriage will come into force on 17 February 2023 2 Adoption rights are not necessarily covered though most states with same sex marriage allow those couples to jointly adopt as other married couples can In contrast 34 countries as of 2021 have definitions of marriage in their constitutions that prevent marriage between couples of the same sex most enacted in recent decades as a preventative measure Some other countries have constitutionally mandated Islamic law which is generally interpreted as prohibiting marriage between same sex couples In six of the former and most of the latter homosexuality itself is criminalized There are records of marriage between men dating back to the first century 3 In the modern era the first civil government to knowingly issue a marriage license to a same sex couple was Blue Earth County Minnesota United States in 1971 4 It is legally recognized in a large majority of the world s developed democracies while it is not in all of the world s Islamic polities and most Marxist Leninist a or otherwise authoritarian states 5 The first law providing for marriage equality between same sex and opposite sex couples was passed in the continental Netherlands in 2000 and took effect on 1 April 2001 6 The application of marriage law equally to same sex and opposite sex couples has varied by jurisdiction and has come about through legislative change to marriage law court rulings based on constitutional guarantees of equality recognition that marriage of same sex couples is allowed by existing marriage law and by direct popular vote such as through referendums and initiatives 7 8 The most prominent supporters of same sex marriage are the world s major medical and scientific communities along with human rights and civil rights organizations while its most prominent opponents are religious fundamentalist groups Polls consistently show continually rising support for the recognition of same sex marriage in all developed democracies and in some developing countries Scientific studies show that the financial psychological and physical well being of gay people are enhanced by marriage and that the children of same sex parents benefit from being raised by married same sex couples within a marital union that is recognized by law and supported by societal institutions 9 Social science research indicates that the exclusion of same sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people with research also repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals 10 11 Same sex marriage can provide those in committed same sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite sex marriages and also gives them legal protections such as inheritance and hospital visitation rights 12 Opposition to same sex marriage is based on claims such as that homosexuality is unnatural and abnormal that children are better off when raised by opposite sex couples that recognition of same sex marriage violates freedom of religion and undermines religion that legalizing same sex marriage would lead to polygamous and incestuous marriages being legalized that legalization would undermine the institutions of marriage and the family that same sex couples cannot procreate and that the recognition of same sex unions will promote homosexuality in society 13 14 15 The first two claims are refuted by scientific studies which show that homosexuality is a natural and normal variation in human sexuality and that sexual orientation is not a choice Many studies have shown that children of same sex couples fare just as well as the children of opposite sex couples some studies have shown benefits to being raised by same sex couples 16 Contents 1 Terminology 1 1 Alternative terms 1 2 Use of the term marriage 2 History 2 1 Ancient 2 2 Contemporary 2 3 Timeline 3 Same sex marriage around the world 3 1 International court rulings 3 1 1 European Court of Human Rights 3 1 2 European Union 3 1 3 Inter American Court of Human Rights 3 2 International organizations 4 Other arrangements 4 1 Civil unions 4 2 Non sexual same sex marriage 4 2 1 Kenya 4 2 2 Nigeria 5 Studies 5 1 Adolescence 5 2 Parenting 5 3 Health 6 Issues 6 1 Parenting 6 1 1 Adoption 6 1 2 Surrogacy and IVF treatment 6 2 Transgender and intersex people 6 3 Divorce 6 4 Judicial and legislative 7 Public opinion 8 See also 9 Notes 10 References 11 Bibliography 12 External linksTerminologyAlternative terms Two men marry surrounded by wedding party in New Orleans United States on 11 November 2017 Some proponents of the legal recognition of same sex marriage such as Marriage Equality USA founded in 1998 Freedom to Marry founded in 2003 and Canadians for Equal Marriage have long used the terms marriage equality and equal marriage to signal that their goal was for same sex marriage to be recognized on equal ground with opposite sex marriage 17 18 19 20 21 22 23 The Associated Press recommends the use of same sex marriage over gay marriage 24 Use of the term marriage Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of the social construct across cultures around the world 25 26 Many proposed definitions have been criticized for failing to recognize the existence of same sex marriage in some cultures including those of more than 30 African peoples such as the Kikuyu and Nuer 26 27 28 With several countries revising their marriage laws to recognize same sex couples in the 21st century all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender neutral language or explicit recognition of same sex unions 29 30 The Oxford English Dictionary has recognized same sex marriage since 2000 31 Opponents of same sex marriage who want marriage to be restricted to pairings of a man and a woman such as the Church of Jesus Christ of Latter day Saints the Catholic Church and the Southern Baptist Convention use the term traditional marriage to mean opposite sex marriage 32 33 HistoryMain article History of same sex unions For a chronological guide see Timeline of same sex marriage For broader coverage of this topic see History of homosexuality Ancient A reference to marriage between same sex couples appears in the Sifra which was written in the 3rd century CE The Book of Leviticus prohibited homosexual relations and the Hebrews were warned not to follow the acts of the land of Egypt or the acts of the land of Canaan Lev 18 22 20 13 The Sifra clarifies what these ambiguous acts were and that they included marriage between same sex couples A man would marry a man and a woman a woman a man would marry a woman and her daughter and a woman would be married to two men 34 What is arguably the first historical mention of the performance of marriages between same sex couples occurred during the early Roman Empire according to controversial 35 historian John Boswell 36 These were usually reported in a critical or satirical manner 37 Child emperor Elagabalus referred to his chariot driver a blond slave from Caria named Hierocles as his husband 38 He also married an athlete named Zoticus in a lavish public ceremony in Rome amidst the rejoicings of the citizens 39 40 41 According to Craig A Williams some Romans as early as the first century clearly did participate in formal ceremonies in which two males were married These marriages were seen as atypical Williams writes that a marriage between two fully gendered men was inconceivable if two males were joined together one of them had to be the woman 42 The first Roman emperor to have married a man was Nero who is reported to have married two other males on different occasions The first was with one of Nero s own freedmen Pythagoras with whom Nero took the role of the bride 43 Later as a groom Nero married Sporus a young boy to replace his wife Poppaea Sabina following her death 44 45 and married him in a very public ceremony with all the solemnities of matrimony after which Sporus was forced to pretend to be the female concubine that Nero had killed and act as though they were really married 44 A friend gave the bride away as required by law The marriage was celebrated in both Greece and Rome in extravagant public ceremonies 46 Conubium existed only between a civis Romanus and a civis Romana that is between a male Roman citizen and a female Roman citizen so that a marriage between two Roman males or with a slave would have no legal standing in Roman law apart presumably from the arbitrary will of the emperor in the two aforementioned cases 47 Furthermore according to Susan Treggiari matrimonium was then an institution involving a mother mater The idea implicit in the word is that a man took a woman in marriage in matrimonium ducere so that he might have children by her 48 In 342 AD Christian emperors Constantius II and Constans issued a law in the Theodosian Code C Th 9 7 3 prohibiting marriage between same sex couples in Rome and ordering execution for those so married 49 Professor Fontaine of Cornell University Classics Department has pointed out that there is no provision for marriage between same sex couples in Roman Law and the text from 342 CE is corrupt marries a woman might be goes to bed in a dishonorable manner with a man as a condemnation of homosexual behavior between men 50 The Boxer Codex dated 1590 records the normality and acceptance of same sex marriage in the native cultures of the Philippines prior to colonization 51 Contemporary Newly married couple in Minnesota shortly after the legalization of same sex marriage in the United States Historians variously trace the beginning of the modern movement in support of same sex marriage to anywhere from around the 1980s to the 1990s In United States of America same sex marriage became an official request of gay rights movement after the Second National March on Washington for Lesbian and Gay Rights in 1987 52 53 In 1989 Denmark became the first country to legally recognize a relationship for same sex couples establishing registered partnerships which gave those in same sex relationships most rights of married heterosexuals but not the right to adopt or obtain joint custody of a child 54 In 2001 the continental Netherlands became the first country to broaden marriage laws to include same sex couples 6 55 Since then same sex marriage has been established by law in 31 other countries including most of the Americas and Western Europe Yet its spread has been uneven South Africa is the only country in Africa to take the step Taiwan is the only one in Asia 56 Timeline Main article Timeline of same sex marriage The summary table below lists in chronological order the sovereign states United Nations member states plus Taiwan that have legalized same sex marriage As of October 2022 33 states have legalized either partially or in full with one state pending Dates are when marriages between same sex couples began to be officially certified 2001 Netherlands 1 April 20022003 Belgium 1 June Ontario 10 June British Columbia 8 July 2004 Quebec 19 March Massachusetts 17 May Yukon 14 July Manitoba 16 September Nova Scotia 24 September Saskatchewan 5 November Newfoundland and Labrador 21 December 2005 New Brunswick 23 June Spain 3 July Canada nationwide 20 July 2006 South Africa 30 November 20072008 California June 16 repealed November 5 Connecticut 12 November 2009 Norway 1 January Iowa 27 April Sweden 1 May Coquille Indian Tribe 20 May Vermont 1 September 2010 New Hampshire 1 January District of Columbia 3 March Mexican Federal District 4 March Mashantucket Pequot Tribal Nation 29 April Portugal 5 June Iceland 27 June Argentina 22 July 2011 New York 24 July Suquamish Tribe 1 August 2012 Alagoas 6 January Quintana Roo 3 May Denmark 15 June Sergipe 5 July Santa Rita do Sapucai Minas Gerais 11 July Espirito Santo 15 August Bonaire Sint Eustatius and Saba 10 October Bahia 26 November Brazilian Federal District 1 December Washington 6 December Port Gamble S Klallam Tribe 9 December Piaui 15 December Maine 29 December 2013 Maryland 1 January Sao Paulo 16 February Ceara 15 March Little Traverse Bay Bands of Odawa Indians 15 March Parana 26 March Mato Grosso do Sul 2 April Rondonia 26 April Santa Catarina 29 April Paraiba 29 April Pokagon Band of Potawatomi Indians 8 May Brazil nationwide 16 May France 18 May Iipay Nation of Santa Ysabel 24 June California 28 June Delaware 1 July Minnesota 1 August Rhode Island 1 August Grand Portage Band of Chippewa 1 August Uruguay 5 August New Zealand 19 August Dona Ana County New Mexico 21 August Santa Fe County New Mexico 23 August Bernalillo County New Mexico 26 August San Miguel County New Mexico 27 August Valencia County New Mexico 27 August Taos County New Mexico 28 August Los Alamos County New Mexico 4 September Confederated Tribes of the Colville Reservation 5 September Grant County New Mexico 9 September Cheyenne and Arapaho Tribes 18 October New Jersey 21 October Blue Lake Rancheria 1 November Leech Lake Band of Ojibwe 15 November Hawaii 2 December New Mexico statewide 19 December 2014 Cook County Illinois 21 February England and Wales 13 March South Georgia and the South Sandwich Islands 13 March Oregon 19 May Pennsylvania 20 May Illinois statewide 1 June Akrotiri and Dhekelia 3 June British Indian Ocean Territory 3 June Puyallup Tribe of Indians 9 July Fond du Lac Band of Lake Superior Chippewa 16 July Confederated Tribes of Coos Lower Umpqua and Siuslaw Indians 10 August Coahuila 17 September Oklahoma 6 October Virginia 6 October Utah 6 October Indiana 6 October Wisconsin 6 October Lac du Flambeau Band of Lake Superior Chippewa 6 October Colorado 7 October West Virginia 9 October Nevada 9 October Fort McDermitt Paiute and Shoshone Tribes 9 October North Carolina 10 October Alaska 12 October Idaho 15 October Arizona 17 October Fort McDowell Yavapai Nation 17 October Pascua Yaqui Tribe 17 October Salt River Pima Maricopa Indian Community 17 October San Carlos Apache Tribe 17 October Yavapai Apache Nation 17 October Wyoming 21 October St Louis Missouri 5 November St Louis County Missouri 6 November Jackson County Missouri 7 November Douglas County Kansas 12 November Sedgwick County Kansas 12 November Eastern Shoshone Tribe 14 November Northern Arapaho Tribe 14 November Montana 19 November Blackfeet Nation 19 November South Carolina 20 November Keweenaw Bay Indian Community 13 December Scotland 16 December 2015 Luxembourg 1 January Miami Dade County Florida 5 January Florida statewide 6 January Central Council of the Tlingit and Haida Indian Tribes of Alaska 24 February Pitcairn Islands 14 May Confederated Tribes of Siletz Indians 15 May Guam 9 June Oneida Tribe of Indians of Wisconsin 10 June Chihuahua 12 June United States nationwide 26 June Northern Mariana Islands 30 June Sault Ste Marie Tribe of Chippewa Indians 7 July United States Virgin Islands 9 July Puerto Rico 13 July Santiago de Queretaro Queretaro 21 July Hannahville Indian Community 3 August White Mountain Apache Tribe 9 September Ireland 16 November Confederated Tribes of the Grand Ronde Community of Oregon 18 November Nayarit 23 December 2016 Stockbridge Munsee Community Band of Mohican Indians 2 February Greenland 1 April Colombia 28 April Tulalip Tribes of Washington 6 May Jalisco statewide 12 May Campeche 20 May Colima 12 June Michoacan 23 June Morelos 5 July Isle of Man 22 July San Pedro Cholula Puebla 18 September British Antarctic Territory 13 October Menominee Indian Tribe of Wisconsin 3 November Cherokee Nation 9 December Gibraltar 15 December 2017 Ascension Island 1 January Amealco de Bonfil Queretaro 4 January Cadereyta de Montes Queretaro 4 January Ezequiel Montes Queretaro 4 January Huimilpan Queretaro 4 January Pedro Escobedo Queretaro 4 January San Joaquin Queretaro 4 January Toliman Queretaro 4 January Finland 1 March Osage Nation 20 March Prairie Island Indian Community 22 March Falkland Islands 29 April Guernsey 2 May Bermuda 5 May repealed 1 June 2018 Ho Chunk Nation of Wisconsin 5 June Faroe Islands 1 July Tristan da Cunha 4 August Malta 1 September Germany 1 October Ak Chin Indian Community 25 October Baja California 3 November Australia 9 December Saint Helena 20 December 2018 Puebla statewide 16 February Chiapas 11 May Alderney 14 June Jersey 1 July Oaxaca 26 August Ponca Tribe of Nebraska 27 August Bermuda 23 November repealed 14 March 2022 2019 Austria 1 January Zacatecas Zacatecas 14 February Cuauhtemoc Zacatecas 1 March Villanueva Zacatecas 20 May San Luis Potosi 21 May Taiwan 24 May Nuevo Leon 31 May Hidalgo 11 June Baja California Sur 29 June Miguel Auza Zacatecas by 5 July Ecuador 8 July Oglala Sioux Tribe 8 July Bay Mills Indian Community 8 July Colorado River Indian Tribes 8 August Aguascalientes 16 August 2020 Northern Ireland final jurisdiction in the United Kingdom 13 January Sark 23 April Costa Rica 26 May Fresnillo Zacatecas 3 July Turtle Mountain Band of Chippewa Indians 6 August Tlaxcala 25 December 2021 Sinaloa 30 June Sonora 22 October Queretaro statewide 13 November Guanajuato 20 December Zacatecas statewide 30 December 2022 Yucatan 4 March Chile 10 March Winnebago Tribe of Nebraska 11 April Chickasaw Nation 18 April Grand Traverse Indian Reservation 25 May Veracruz 13 June Switzerland 1 July Slovenia 9 July Durango 19 September Cuba 27 September Tabasco 27 October State of Mexico 2 November Tamaulipas 19 November Guerrero statewide final jurisdiction in Mexico 31 December 2023 Andorra 17 February TBD Aruba CuracaoSame sex marriage around the worldMain articles Legal status of same sex marriage Same sex union legislation and Recognition of same sex unions by country Same sex marriage is legally performed and recognized in the following countries Argentina Australia b Austria Belgium Brazil Canada Chile Colombia Costa Rica Cuba Denmark c Ecuador d Finland France e Germany Iceland Ireland Luxembourg Malta Mexico f the Netherlands g New Zealand h Norway Portugal Slovenia South Africa Spain Sweden Switzerland Taiwan i the United Kingdom j the United States k and Uruguay It will become legal in Andorra on 17 February 2023 Marriage open to same sex couples rings individual cases Civil unions or domestic partnerships Legislation or binding domestic court ruling establishing same sex marriage but marriage is not yet provided for Same sex marriage recognized with full rights when performed in certain other jurisdictions Limited legal recognition unregistered cohabitation legal guardianship Nonbinding certification Limited recognition of marriage performed in certain other jurisdictions residency rights for spouses Country subject to an international court ruling to recognize same sex marriage Same sex unions not legally recognized Same sex marriage is under consideration by the legislature or the courts in the Choctaw Nation 57 Czech Republic 58 Greece 59 Honduras 60 India 61 62 Liechtenstein 63 the Navajo Nation 64 the remaining countries in the Netherlands 65 Thailand 66 and Venezuela 67 Civil unions are being considered in a number of countries including Lithuania 68 the Philippines 69 Serbia 70 Peru 71 Thailand 66 and Ukraine 72 On 12 March 2015 the European Parliament passed a non binding resolution encouraging EU institutions and member states to reflect on the recognition of same sex marriage or same sex civil union as a political social and human and civil rights issue 73 74 75 In 2018 the Inter American Court of Human Rights ruled that all signatory countries must allow same sex marriage Notable countries United States The first country where a local jurisdiction knowingly issued a marriage license to a same sex couple 1971 Denmark The first country to offer civil unions 1989 Netherlands The first country to legalize same sex marriage and the first European one 2001 Canada The first American country to legalize same sex marriage 2005 South Africa The first country to legalize same sex marriage through court ruling and the first African one 2005 Mexico The first local jurisdiction to legalize same sex marriage in Latin America 2010 Argentina The first South American country to legalize same sex marriage 2010 New Zealand The first Oceanian country to legalize same sex marriage 2013 Ireland The first country to legalize same sex marriage through referendum 2015 Taiwan The first Asian country to legalize same sex marriage 2019 Cuba The first one party state to legalize same sex marriage 2022 76 In response to the international spread of same sex marriage a number of countries have enacted preventative constitutional bans with the most recent being Georgia in 2018 and Russia in 2020 In other countries constitutions have been adopted which have wording specifying that marriage is between a man and a woman although especially with the older constitutions they were not necessarily worded with the intent to ban same sex marriage citation needed Same sex marriage banned by secular constitution Same sex marriage banned by constitutionally mandated Islamic law or morality Same sex marriage banned for Muslims No constitutional ban International court rulings European Court of Human Rights In 2010 the European Court of Human Rights ECHR ruled in Schalk and Kopf v Austria a case involving an Austrian same sex couple who were denied the right to marry 77 The court found by a vote of 4 to 3 that their human rights had not been violated 78 The court further stated that same sex unions are not protected under art 12 of ECHR Right to marry which exclusively protects the right to marry of opposite sex couples without regard if the sex of the partners is the result of birth or of sex change but they are protected under art 8 of ECHR Right to respect for private and family life and art 14 Prohibition of discrimination Furthermore under European Convention of Human Rights states are not obliged to allow same sex marriage 79 The Court acknowledged that a number of Contracting States had extended marriage to same sex partners but went on to say that this reflected their own vision of the role of marriage in their societies and did not flow from an interpretation of the fundamental right as laid down by the Contracting States in the Convention in 1950 The Court concluded that it fell within the State s margin of appreciation as to how to regulate the effects of the change of gender on pre existing marriages European Court of Human Rights Schalk and Kopf v Austria 77 British Judge Sir Nicolas Bratza then head of the European Court of Human Rights delivered a speech in 2012 that signaled the court was ready to declare same sex marriage a human right as soon as enough countries fell into line 80 81 82 Article 12 of the European Convention on Human Rights states that Men and women of marriageable age have the right to marry and to found a family according to the national laws governing the exercise of this right 83 not limiting marriage to those in a heterosexual relationship However the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships as it used the term men and women instead of everyone 77 European Union Further information Coman and Others v General Inspectorate for Immigration and Ministry of the Interior On 5 June 2018 the European Court of Justice ruled in a case from Romania that under the specific conditions of the couple in question married same sex couples have the same residency rights as other married couples in an EU country even if that country does not permit or recognize same sex marriage 84 85 However the ruling was not implemented in Romania and on 14 September 2021 the European Parliament passed a resolution calling on the European Commission to ensure that the ruling is respected across the EU 86 87 Inter American Court of Human Rights Alexandra Chavez and Michelle Aviles the first same sex couple to marry in Ecuador On 8 January 2018 the Inter American Court of Human Rights IACHR ruled that the American Convention on Human Rights mandates and requires the legal recognition of same sex marriage The landmark ruling was fully binding on Costa Rica and set binding precedent in the other signatory countries The Court recommended that governments issue temporary decrees recognizing same sex marriage until new legislation is brought in Among states without same sex marriage the ruling applies to Barbados Bolivia the Dominican Republic El Salvador Guatemala Haiti Honduras Nicaragua Panama Paraguay Peru and Suriname The Court said that governments must recognize and guarantee all the rights that are derived from a family bond between people of the same sex They also said that it was inadmissible and discriminatory for a separate legal provision to be established such as civil unions instead of same sex marriage The Court demanded that governments guarantee access to all existing forms of domestic legal systems including the right to marriage in order to ensure the protection of all the rights of families formed by same sex couples without discrimination Recognizing the difficulty in passing such laws in countries where there is strong opposition to same sex marriage it recommended that governments pass temporary decrees until new legislation is brought in 88 The ruling has directly led to the legal recognition of same sex marriage in Costa Rica and Ecuador In the wake of the ruling lawsuits regarding same sex marriage have also been filed in Bolivia Honduras 89 Panama 90 Paraguay to recognize marriages performed abroad 91 and Peru 92 all of which are under the jurisdiction of the IACHR International organizations The terms of employment of the staff of international organizations not commercial in most cases are not governed by the laws of the country where their offices are located Agreements with the host country safeguard these organizations impartiality Despite their relative independence few organizations recognize same sex partnerships without condition The agencies of the United Nations recognize same sex marriages if the country of citizenship of the employees in question recognizes the marriage 93 In some cases these organizations do offer a limited selection of the benefits normally provided to mixed sex married couples to de facto partners or domestic partners of their staff but even individuals who have entered into a mixed sex civil union in their home country are not guaranteed full recognition of this union in all organizations However the World Bank does recognize domestic partners 94 Other arrangementsCivil unions Main article Civil union Many advocates such as this November 2008 protester at a demonstration in New York City against California Proposition 8 reject the notion of civil unions describing them as inferior to the legal recognition of same sex marriage 95 Civil union civil partnership domestic partnership registered partnership unregistered partnership and unregistered cohabitation statuses offer varying legal benefits of marriage As of 13 January 2023 countries that have an alternative form of legal recognition other than marriage on a national level are Andorra Croatia Cyprus the Czech Republic Estonia Greece Hungary Israel Italy Liechtenstein and San Marino 96 97 Poland and Slovakia offer more limited rights On a subnational level the Dutch constituent country of Aruba allows same sex couples to access civil unions or partnerships but restrict marriage to couples of the opposite sex Additionally various cities and counties in Cambodia and Japan offer same sex couples varying levels of benefits which include hospital visitation rights and others Additionally seventeen countries that have legally recognized same sex marriage also have an alternative form of recognition for same sex couples usually available to heterosexual couples as well Argentina Australia Austria Belgium Brazil Chile Colombia Ecuador France Luxembourg Malta the Netherlands Portugal South Africa Spain the United Kingdom and Uruguay 98 99 100 101 They are also available in parts of the United States Arizona l California Colorado Hawaii Illinois New Jersey Nevada and Oregon and Canada 102 103 Non sexual same sex marriage Kenya Main article LGBT rights in Kenya Female same sex marriage is practiced among the Gikuyu Nandi Kamba Kipsigis and to a lesser extent neighboring peoples About 5 10 of women are in such marriages However this is not seen as homosexual but is instead a way for families without sons to keep their inheritance within the family 104 Nigeria Main article Same sex marriage in Nigeria Among the Igbo people and probably other peoples in the south of the country there are circumstances where a marriage between women is considered appropriate such as when a woman has no child and her husband dies and she takes a wife to perpetuate her inheritance and family lineage 105 StudiesThe American Anthropological Association stated on 26 February 2004 The results of more than a century of anthropological research on households kinship relationships and families across cultures and through time provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution Rather anthropological research supports the conclusion that a vast array of family types including families built upon same sex partnerships can contribute to stable and humane societies 11 Research findings from 1998 to 2015 from the University of Virginia Michigan State University Florida State University the University of Amsterdam the New York State Psychiatric Institute Stanford University the University of California San Francisco the University of California Los Angeles Tufts University Boston Medical Center the Committee on Psychosocial Aspects of Child and Family Health and independent researchers also support the findings of this study 106 vague Adolescence A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among school students in grades 9 12 declined by 7 and the rate of attempted suicide among high schoolers of a minority sexual orientation in grades 9 12 declined by 14 in states that established same sex marriage resulting in about 134 000 fewer attempting suicide each year in the United States The researchers took advantage of the gradual manner in which same sex marriage was established in the United States expanding from one state in 2004 to all fifty states in 2015 to compare the rate of attempted suicide among youth in each state over the time period studied Once same sex marriage was established in a particular state the reduction in the rate of attempted suicide among youth in that state became permanent No reduction in the rate of attempted suicide among teenage youth occurred in a particular state until that state recognized same sex marriage 107 108 The lead researcher of the study stated that laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future 109 110 111 Parenting Main article LGBT parenting Lesbian couple with children Professional organizations of psychologists have concluded that children stand to benefit from the well being that results when their parents relationship is recognized and supported by society s institutions e g civil marriage For example the Canadian Psychological Association CPA stated in 2006 that parents financial psychological and physical well being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union 112 The CPA has stated that the stress encountered by gay and lesbian parents and their children are more likely the result of the way society treats them than because of any deficiencies in fitness to parent 112 The American Academy of Pediatrics concluded in 2006 in an analysis published in the journal Pediatrics There is ample evidence to show that children raised by same gender parents fare as well as those raised by heterosexual parents More than 25 years of research have documented that there is no relationship between parents sexual orientation and any measure of a child s emotional psychosocial and behavioral adjustment The rights benefits and protections of civil marriage can further strengthen these families 113 Health The American Psychological Association stated in 2004 Denial of access to marriage to same sex couples may especially harm people who also experience discrimination based on age race ethnicity disability gender and gender identity religion socioeconomic status and so on It has also averred that same sex couples who may only enter into a civil union as opposed to a marriage are denied equal access to all the benefits rights and privileges provided by federal law to those of married couples which has adverse effects on the well being of same sex partners 114 As of 2006 update the data of current psychological and other social science studies on same sex marriage in comparison to mixed sex marriage indicate that same sex and mixed sex relationships do not differ in their essential psychosocial dimensions that a parent s sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment and that marriage bestows substantial psychological social and health benefits Same sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships 113 115 In 2009 a pair of economists at Emory University tied the passage of state bans on same sex marriage in the United States to an increase in the rates of HIV infection 116 117 The study linked the passage of a same sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100 000 population 118 In 2010 a Columbia University Mailman School of Public Health study examining the effects of institutional discrimination on the psychiatric health of lesbian gay and bisexual LGB individuals found an increase in psychiatric disorders including a more than doubling of anxiety disorders among the LGB population living in states that instituted bans on same sex marriage According to the author the study highlighted the importance of abolishing institutional forms of discrimination including those leading to disparities in the mental health and well being of LGB individuals Institutional discrimination is characterized by societal level conditions that limit the opportunities and access to resources by socially disadvantaged groups 119 120 IssuesSee also LGBT rights opposition While few societies have recognized same sex unions as marriages the historical and anthropological record reveals a large range of attitudes towards same sex unions ranging from praise through full acceptance and integration sympathetic toleration indifference prohibition and discrimination to persecution and physical annihilation citation needed Opponents of same sex marriages have argued that same sex marriage while doing good for the couples that participate in them and the children they are raising 121 undermines a right of children to be raised by their biological mother and father 122 Some supporters of same sex marriages take the view that the government should have no role in regulating personal relationships 123 while others argue that same sex marriages would provide social benefits to same sex couples m The debate regarding same sex marriages includes debate based upon social viewpoints as well as debate based on majority rules religious convictions economic arguments health related concerns and a variety of other issues citation needed Parenting Main articles LGBT parenting and Same sex marriage and the family Gay couple with a child Scientific literature indicates that parents financial psychological and physical well being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union either a mixed sex or same sex union As a result professional scientific associations have argued for same sex marriage to be legally recognized as it will be beneficial to the children of same sex parents or carers 124 112 125 126 127 Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents and their children are as psychologically healthy and well adjusted as children reared by heterosexual parents 112 127 128 129 According to scientific literature reviews there is no evidence to the contrary 113 130 131 132 Adoption Main article LGBT adoption Legal status of adoption by same sex couples around the world Joint adoption allowed1 Second parent stepchild adoption allowed2 No laws allowing adoption by same sex couples and no same sex marriage Same sex marriage but adoption by married same sex couples not allowed All states that allow same sex marriage also allow the joint adoption of children by those couples with the exceptions of Ecuador Taiwan and a third of states in Mexico in Taiwan only step child adoption of biological children is allowed in the others no adoption is allowed though such restrictions have been ruled unconstitutional in Mexico In addition Croatia Israel and Liechtenstein which do not recognize same sex marriage nonetheless permit joint adoption by unmarried same sex couples Some additional states that do not recognize same sex marriage allow stepchild adoption by couples in civil unions Estonia Italy on a case by case basis and San Marino As of 2010 more than 16 000 same sex couples were raising an estimated 22 000 adopted children in the United States 133 4 of all adopted children 134 Surrogacy and IVF treatment Main article Assisted reproductive technology A gay or bisexual man has the option of surrogacy the process in which a woman bears a child for another person through artificial insemination or carries another woman s surgically implanted fertilized egg to birth A lesbian or bisexual woman has the option of artificial insemination 135 136 Whether these arrangements are legal are subject to controversy in several jurisdictions 137 Transgender and intersex people This article or section possibly contains synthesis of material which does not verifiably mention or relate to the main topic Relevant discussion may be found on the talk page May 2017 Learn how and when to remove this template message See also Transgender rights and Intersex human rights The legal status of same sex marriage may have implications for the marriages of couples in which one or both parties are transgender depending on how sex is defined within a jurisdiction Transgender and intersex individuals may be prohibited from marrying partners of the opposite sex or permitted to marry partners of the same sex due to legal distinctions citation needed In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female these complications do not occur In addition some legal jurisdictions recognize a legal and official change of gender which would allow a transgender male or female to be legally married in accordance with an adopted gender identity 138 In the United Kingdom the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender Because in the United Kingdom marriages were until recently only for mixed sex couples and civil partnerships are only for same sex couples a person had to dissolve their civil partnership before obtaining a gender recognition certificate citation needed and the same was formerly true for marriages in England and Wales and still is in other territories Such people are then free to enter or re enter civil partnerships or marriages in accordance with their newly recognized gender identity In Austria a similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006 139 In Quebec prior to the legalization of same sex marriage only unmarried people could apply for legal change of gender With the advent of same sex marriage this restriction was dropped A similar provision including sterilization also existed in Sweden but was phased out in 2013 140 In the United States transgender and intersex marriages was subject to legal complications 141 As definitions and enforcement of marriage are defined by the states these complications vary from state to state 142 as some of them prohibit legal changes of gender 143 Divorce Main article Divorce of same sex couples In the United States before the case of Obergefell v Hodges couples in same sex marriages could only obtain a divorce in jurisdictions that recognized same sex marriages with some exceptions 144 Judicial and legislative Main article Conflict of marriage laws Same sex marriage There are differing positions regarding the manner in which same sex marriage has been introduced into democratic jurisdictions A majority rules position holds that same sex marriage is valid or void and illegal based upon whether it has been accepted by a simple majority of voters or of their elected representatives 145 In contrast a civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction 146 Public opinion Public opinion of same sex marriage Fraction in favor 147 5 6 2 3 1 2 1 3 1 6 lt 1 6 no polls See also Public opinion of same sex marriage in the United States and Public opinion of same sex marriage in Australia Numerous polls and studies on the issue have been conducted A trend of increasing support for same sex marriage has been revealed across many countries of the world often driven in large part by a generational difference in support Polling that was conducted in developed democracies in this century shows a majority of people in support of same sex marriage Support for same sex marriage has increased across every age group political ideology religion gender race and region of various developed countries in the world 148 149 150 151 152 needs update Various detailed polls and studies on same sex marriage that were conducted in several countries show that support for same sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations with a clear trend of continually increasing support 153 154 155 156 157 needs update Opinion polls for same sex marriage by country Same sex marriage performed nationwide Same sex marriage performed in some parts of the country Civil unions or registered partnerships nationwide Same sex sexual activity is illegal Country Pollster Year For n Against n Neither o Marginof error Source Andorra Institut d Estudis Andorrans 2013 70 79 19 21 11 158 Antigua and Barbuda AmericasBarometer 2017 12 159 Argentina Ipsos 2021 73 79 19 21 another 9 support some rights 9 not sure 4 8 160 Armenia Pew Research Center 2015 3 3 96 97 1 3 161 162 Aruba 2021 46 163 Australia Ipsos 2021 62 70 27 30 another 14 support some rights 11 not sure 3 5 160 Austria Eurobarometer 2019 66 69 30 31 4 164 Bahamas AmericasBarometer 2015 11 165 Belarus Pew Research Center 2015 16 16 81 84 3 4 161 162 Belgium Ipsos 2021 72 79 19 21 another 12 support some rights 10 not sure 3 5 160 Belize AmericasBarometer 2014 8 165 Bolivia AmericasBarometer 2017 35 65 1 0 159 Bosnia and Herzegovina Pew Research Center 2015 2016 13 14 84 87 4 4 161 162 Brazil Ipsos 2021 55 63 32 37 another 14 support some rights 14 not sure 3 5 p 160 Bulgaria Eurobarometer 2019 16 18 74 82 10 164 Cambodia TNS Cambodia 2015 55 65 30 35 15 166 Canada Ipsos 2021 75 83 15 17 another 7 support some rights 10 not sure 3 5 160 Chile Plaza Publica Cadem 2022 82 16 2 3 7 167 Ipsos 2021 65 72 25 28 another 17 support some rights 11 not sure 4 8 p 160 China Ipsos 2021 43 52 39 48 another 20 support some rights 18 not sure 3 5 p 160 Colombia INVAMER POLL 2022 48 46 6 168 Costa Rica AmericasBarometer 2017 35 65 1 2 165 Croatia Eurobarometer 2019 39 41 55 59 6 164 Cuba Apretaste 2019 63 37 169 Cyprus Eurobarometer 2019 36 38 60 62 4 164 Czech Republic Median agency 2019 67 170 Denmark Eurobarometer 2019 89 92 8 8 3 164 Dominica AmericasBarometer 2017 10 90 1 1 159 Dominican Republic AmericasBarometer 2016 27 73 1 0 159 Ecuador AmericasBarometer 2019 23 31 51 69 26 171 El Salvador Universidad Francisco Gavidia 2021 82 5 172 Estonia Eurobarometer 2019 41 45 51 55 8 164 Finland Eurobarometer 2019 76 78 21 22 3 164 France Ipsos 2021 59 73 22 27 another 15 support some rights 19 not sure 3 5 160 Eurobarometer 2019 79 84 15 16 6 164 Georgia Women s Initiatives Supporting Group 2021 10 12 75 88 15 173 Germany Ipsos 2021 68 75 23 25 another 13 support some rights 9 not sure 3 5 160 Eurobarometer 2019 84 88 12 12 4 164 Greece Kapa Research 2020 56 58 40 42 4 3 174 Grenada AmericasBarometer 2017 12 88 1 4 159 Guatemala AmericasBarometer 2017 23 77 1 1 159 Guyana AmericasBarometer 2017 21 79 1 3 165 Haiti AmericasBarometer 2017 5 95 0 3 159 Honduras CID Gallup 2018 17 18 75 82 8 175 Hungary Ipsos 2021 46 55 38 45 another 20 support some rights 17 not sure 4 8 160 Iceland Gallup 2006 89 11 176 India Ipsos 2021 44 58 32 42 another 14 support some rights 25 not sure 4 8 p 160 Mood of the Nation 2019 24 28 62 72 14 177 178 Ireland Eurobarometer 2019 79 86 13 14 8 164 Israel Hiddush 2019 55 45 179 4 5 180 Italy Ipsos 2021 63 68 30 32 another 20 support some rights 7 not sure 3 5 160 Jamaica AmericasBarometer 2017 16 84 1 0 159 Japan Asahi Shimbun 2021 65 75 22 25 13 181 Ipsos 2021 40 53 35 47 another 29 support some rights 25 not sure 3 5 160 Kazakhstan Pew Research Center 2016 7 7 89 93 4 161 162 Latvia Eurobarometer 2019 24 26 70 74 6 164 Liechtenstein Liechtenstein Institut 2021 72 28 0 182 Lithuania Eurobarometer 2019 30 32 63 68 7 164 Luxembourg Eurobarometer 2019 85 90 9 10 6 164 Malaysia Ipsos 2021 8 10 73 90 another 8 support some rights 19 not sure 4 8 p 160 Malta Eurobarometer 2019 67 73 25 27 8 164 Mexico Ipsos 2021 63 73 23 27 another 13 support some rights 14 not sure 4 8 p 160 Moldova Pew Research Center 2015 5 5 92 95 3 4 161 162 Mozambique 3 cities Lambda 2017 28 32 60 68 12 183 Netherlands Ipsos 2021 84 90 9 10 another 6 support some rights 8 not sure 4 8 160 New Zealand Colmar Brunton 2012 63 66 31 33 5 184 Herald DigiPoll 2013 50 48 2 3 6 185 Nicaragua AmericasBarometer 2017 25 75 1 0 159 Norway Pew Research Center 2017 72 79 19 21 9 161 162 Panama AmericasBarometer 2017 22 78 1 1 159 Paraguay AmericasBarometer 2017 26 74 0 9 159 Peru Ipsos 2021 35 41 51 59 another 33 support some rights 14 not sure 4 8 p 160 Philippines SWS 2018 22 26 61 73 16 186 Poland Ipsos 2022 48 50 47 49 another 10 support civil unions 4 not sure 187 Ipsos 2021 29 33 60 67 another 38 support some rights 12 not sure 4 8 160 Portugal Eurobarometer 2019 74 79 20 21 6 164 Romania ACCEPT Romania 2021 26 74 another 17 support legal protection 3 188 Russia Ipsos 2021 17 21 64 79 another 12 support some rights 20 not sure 4 8 p 160 FOM 2019 7 8 85 92 8 3 6 189 Saint Kitts and Nevis AmericasBarometer 2017 9 91 1 0 159 Saint Lucia AmericasBarometer 2017 11 89 0 9 159 Saint Vincent and the Grenadines AmericasBarometer 2017 4 96 0 6 159 Serbia Pew Research Center 2015 12 13 83 87 5 4 161 162 Singapore IPS 2019 27 31 60 69 13 190 Slovakia Eurobarometer 2019 20 22 70 78 10 164 Slovenia Eurobarometer 2019 62 64 35 36 3 164 South Africa Ipsos 2021 59 69 27 31 another 12 support some rights 14 not sure 4 8 p 160 South Korea Ipsos 2021 36 45 44 55 another 18 support some rights 20 not sure 4 8 160 Spain Ipsos 2021 76 85 13 15 another 8 support some rights 11 not sure 3 5 160 Suriname AmericasBarometer 2014 18 165 Sweden Ipsos 2021 79 86 13 14 another 10 support some rights 8 not sure 4 8 160 Switzerland gfs zurich 2020 82 83 17 17 1 3 2 191 Taiwan Department of Gender Quality DGE 2021 60 4 192 Thailand NIDA Poll 2015 59 63 35 37 6 193 Trinidad and Tobago AmericasBarometer 2014 16 165 Turkey Ipsos 2021 24 35 45 65 another 20 support some rights 32 not sure 4 8 p 160 Ukraine Kyiv International Institute of Sociology 2022 27 39 42 61 31 2 4 194 United Kingdom Ipsos 2021 68 76 21 24 another 14 support some rights 11 not sure 3 5 160 United States Gallup 2022 71 4 195 Ipsos 2021 59 68 28 32 another 13 support some rights 13 not sure 3 5 160 Uruguay AmericasBarometer 2017 75 25 1 1 159 Venezuela AmericasBarometer 2017 39 61 1 2 159 Vietnam The iSEE Institute 2014 34 39 53 61 13 196 See also LGBT portal Human sexuality portal Law portalLGBT rights by country or territory List of same sex married couples Religion and sexuality Legal status of same sex marriage Societal attitudes toward homosexualityNotes In the 19th and 20th century communist parties and Marxist Leninist states varied on LGBT rights some were among the first political parties to support LGBT rights while others harshly persecuted people of the LGBT community especially those who were homosexual men In 2022 Cuba became the first Marxist Leninist polity to legally recognize same sex marriage after the 2022 Cuban Family Code referendum China Laos Vietnam and North Korea presently do not legally recognize same sex marriage See communism and LGBT rights for more information Same sex marriage is performed and recognized by law in continental Australia and in the non self governing possessions of Norfolk Island Christmas Island and the Cocos Islands which follow Australian law Same sex marriage is performed and recognized by law in continental Denmark the Faroe Islands and Greenland which together make up the Realm of Denmark Same sex marriage is performed and recognized throughout Ecuador but such couples are not considered married for purposes of adoption and may not adopt children Same sex marriage is performed and recognized by law in metropolitan France and in all French overseas regions and possessions which follow a single legal code Same sex marriage is available in all jurisdictions though the process is not everywhere as straightforward as it is for opposite sex marriage and does not always include adoption rights Same sex marriage is performed and recognized by law in the continental Netherlands as well as in the Caribbean municipalities of Bonaire Sint Eustatius and Saba Marriages entered into there have minimal recognition in Aruba Curacao and Sint Maarten which together make up the Kingdom of the Netherlands Same sex marriage is performed and recognized by law in New Zealand proper but not in its possession of Tokelau nor in the Cook Islands and Niue which make up the Realm of New Zealand Same sex marriage is performed and recognized in Taiwan but unlike opposite sex married couples same sex married couples have not been able to adopt unrelated children as a couple without a court order though one spouse may adopt the other s genetic children Same sex marriage is performed and recognized by law in all parts of the United Kingdom and in its non Caribbean possessions but not in its Caribbean possessions namely Anguilla Bermuda the British Virgin Islands the Cayman Islands Montserrat and the Turks and Caicos Islands Same sex marriage is performed and recognized by law in all fifty states of the USA and in the District of Columbia in all overseas territories except American Samoa and in all tribal nations that do not have their own marriage laws as well as in most nations that do The largest of the dozen or so known exceptions among the federal reservations are Navajo and Gila River and the largest among the shared sovereignty Oklahoma Tribal Statistical Areas are the Creek Choctaw and Citizen Potawatomi These polities ban same sex marriage and do not recognize marriages from other jurisdictions though members may still marry under state law and be accorded all the rights of marriage under state and federal law Legally available in the Arizona municipalities of Bisbee Clarkdale Cottonwood Jerome Sedona and Tucson Dale Carpenter is a prominent spokesman for this view For a better understanding of this view see Carpenter s writings at Dale Carpenter Independent Gay Forum Archived from the original on 17 November 2006 Retrieved 31 October 2006 a b Because some polls do not report neither those that do are listed with simple yes no percentages in parentheses so their figures can be compared Comprises Neutral Don t know No answer Other Refused a b c d e f g h i j more urban educated than representative References Same Sex Marriage States 2022 World Population Review Retrieved 22 May 2022 Same sex marriage is the marriage of people of the same sex or gender Llei 30 2022 del 21 de juliol qualificada de la persona i de la familia Bopa ad Retrieved 24 August 2022 Williams CA Roman Homosexuality Second Edition Oxford University Press 2009 p 280 p 284 William N Eskridg Jr and Christopher R Riano Marriage Equality From Outlaws to In Laws Yale University Press 2020 Chapter 24 Staff 2 December 2022 Marriage Equality Global Comparisons Council on Foreign Relations Retrieved 1 January 2023 a b Winter Caroline 4 December 2014 In 14 years same sex marriage has spread round the world Bloomberg Archived from the original on 13 January 2022 Retrieved 20 February 2022 Same sex Oklahoma couple marries legally under tribal law KOCO 26 September 2013 Archived from the original on 22 October 2013 Retrieved 22 October 2013 Clela Rorex former Boulder County Clerk who issued first same sex marriage license in 1975 dies at 78 19 June 2022 Multiple sources American Psychological Association 2004 Resolution on Sexual Orientation and Marriage PDF Archived from the original PDF on 11 May 2011 Retrieved 10 November 2010 American Sociological Association American Sociological Association Member Resolution on Proposed U S Constitutional Amendment Regarding 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