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Same-sex marriage
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{{short description|Marriage of persons of the same sex or gender}}{{redirect2|Marriage equality|gay marriage|other uses|marriage equality (disambiguation)|and|gay marriage (disambiguation)}}{{pp-semi-indef}}{{pp-move}}{{EngvarB|date=July 2022}}{{Use dmy dates|date=March 2019}}{{Same-sex unions}}{{LGBT sidebar|rights}}Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. {{As of|2024|post=,}} marriage between same-sex couples is legally performed and recognized in 37 countries, with a total population of 1.4 billion people (17% of the world's population). The most recent country to legalise same-sex marriage is Nepal. A 38th country, Liechtenstein, will begin performing same-sex marriages in 2025.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, 35 countries (as of 2023) 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. It is legally recognized in a large majority of the world's developed democracies; notable exceptions are Italy, Japan, South Korea and the Czech Republic. It is not yet recognized in any of the world's Muslim-majority states, though first steps are being taken in Kosovo. Some countries, such as China and Russia, restrict advocacy for same-sex marriage.JOURNAL, VERPOEST, LIEN, 2017, The End of Rhetorics: LGBT policies in Russia and the European Union,weblink Studia Diplomatica, 68, 4, 3–20, 26531664, 0770-2965, NEWS, Bay Area Reporter, Huang, Wen, Gayness as a Western disease,weblink 4 January 2001, 31, 1, Center for Bibliographical Studies and Research, 31 August 2020, There are records of marriage between men dating back to the first century.Williams, CA., Roman Homosexuality: Second Edition, Oxford University Press, 2009, p. 280, p. 284. The first same-sex couple to be married legally in modern times were Michael McConnell and Jack Baker in 1971 in the United States.William N. Eskridg Jr. and Christopher R. Riano, "Marriage Equality: From Outlaws to In-Laws", Yale University Press (2020), Chapter 24. 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.WEB, Winter, Caroline, December 4, 2014, In 14 years, same-sex marriage has spread round the world,weblink live,weblink 13 January 2022, 2022-02-20, Bloomberg, 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.WEB, 26 September 2013, Same-sex Oklahoma couple marries legally under tribal law,weblink live,weblink" title="web.archive.org/web/20131022022830weblink">weblink 22 October 2013, 22 October 2013, KOCO, WEB, 19 June 2022, Clela Rorex, former Boulder County Clerk who issued first same-sex marriage license in 1975 dies at 78,weblink 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 many 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. At the same time, no harm is done to the institution of marriage among heterosexuals.Molly Ball, 2024 May 13, Wall Street Journal, How 20 Years of Same-Sex Marriage Changed America 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 repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals.Multiple sources:
  • WEB, American Psychological Association, 2004, Resolution on Sexual Orientation and Marriage,weblink dead,weblink" title="web.archive.org/web/20110511190536weblink">weblink 11 May 2011, 10 November 2010,
  • WEB,weblink 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 â€“ Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker), 5 November 2010, 13 April 2015,weblink" title="web.archive.org/web/20150413160709weblink">weblink live,
  • WEB, Marriage of Same-Sex Couples  â€“ 2006 Position Statement,weblink Canadian Psychological Association, 28 September 2012, dead,weblink" title="web.archive.org/web/20120707191052weblink">weblink 7 July 2012,
  • JOURNAL, Pawelski JG, Perrin EC, Foy JM, etal, The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children, Pediatrics (journal), Pediatrics, 118, 1, 349–64, July 2006, 16818585, 10.1542/peds.2006-1279, 219194821,
  • JOURNAL,weblink The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children, Pediatrics, 118, 1, 349–364, 7 July 2017, 10.1542/peds.2006-1279, 16818585, 2006, 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., 219194821, 1 May 2011,weblink" title="web.archive.org/web/20110501125053weblink">weblink live, WEB, Brief of Amici Curiae American Anthropological Association et al., supporting plaintiffs-appellees and urging affirmance â€“ Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker),weblink live,weblink" title="web.archive.org/web/20101226182234weblink">weblink 26 December 2010, 5 November 2010, 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.Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy â€” Page 13, Wallace Swan – 2004 Opposition is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by scientific studies, which show that homosexuality is a natural and normal variation in human sexuality, that sexual orientation is not a choice, and that children of same-sex couples fare just as well as the children of opposite-sex couples.Multiple sources:
  • WEB, Coghlan, Andy, 16 June 2008, Gay brains structured like those of the opposite sex,weblink live,weblink 29 April 2019, 5 April 2018, New Scientist,
  • BOOK, Mary Ann, Lamanna, Agnes, Riedmann, Susan D., Stewart, Marriages, Families, and Relationships: Making Choices in a Diverse Society, Cengage Learning, 978-1305176898, 2014, 82, 11 February 2016,weblink [T]he APA says that sexual orientation is not a choice [...]. (American Psychological Association, 2010)., 30 November 2016,weblink live,
  • JOURNAL,weblink The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children, Pediatrics (journal), Pediatrics, 2006, 10.1542/peds.2006-1279, 2 November 2013, 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., 118, 1, 349–364, 16818585, 219194821, 29 April 2019,weblink live,
  • WEB, 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, etal, Brief of [medical organizations] as Amici Curiae in Support of Petitioners, supremecourt.gov,weblink 5 April 2018,weblink 12 April 2019, dead,
  • NEWS, Lindsey, Bever,weblink Children of same-sex couples are happier and healthier than peers, research shows, The Washington Post, 7 July 2014, 12 December 2018, 4 May 2019,weblink live,
  • JOURNAL,weblink The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children, 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., In fact, growing up with parents who are lesbian or gay may confer some advantages to children., July 2006, 16 June 2019, Pediatrics (journal), Pediatrics, American Academy of Pediatrics, 118, 1, 349–64, 16818585, 10.1542/peds.2006-1279, 219194821, 1 May 2011,weblink" title="web.archive.org/web/20110501125053weblink">weblink live,
{{TOC limit|3}}

Terminology

Alternative terms

File:Wedding in New Orleans, November 11, 2017.jpg|thumb|upright=1.2|Two men marry, surrounded by wedding party, in New OrleansNew OrleansSome proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), Canadians for Equal Marriage, and Marriage for All Japan - 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.WEB, Marriage Equality,weblink live,weblink" title="web.archive.org/web/20141018065055weblink">weblink 18 October 2014, 24 July 2012, Garden State Equality, WEB, Marriage 101,weblink dead,weblink" title="web.archive.org/web/20100216021129weblink">weblink 16 February 2010, 28 September 2012, Freedom to Marry, NEWS, Pratt, Patricia, 29 May 2012, Albany area real estate and the Marriage Equality Act, Albany Examiner,weblink 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., NEWS, 13 December 2012, Vote on Illinois marriage equality bill coming in January: sponsors, Chicago Phoenix,weblink live, 23 December 2012,weblink" title="web.archive.org/web/20121226111510weblink">weblink 26 December 2012, NEWS, Mulholland, Helene, 27 September 2012, Ed Miliband calls for gay marriage equality, The Guardian, London, UK,weblink live, 23 December 2012,weblink" title="web.archive.org/web/20130928234116weblink">weblink 28 September 2013, NEWS, Ring, Trudy, 20 December 2012, Newt Gingrich: Marriage Equality Inevitable, OK, The Advocate, Los Angeles,weblink live, 25 December 2012,weblink" title="web.archive.org/web/20121223062417weblink">weblink 23 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., The Associated Press recommends the use of same-sex marriage over gay marriage.TWEET, 1095408455479902211, APStylebook, The term same-sex marriage is preferred over gay marriage. In places where it's legal, same-sex marriage is no different from other marriages, so the term should be used only when germane and needed to distinguish from marriages between heterosexual couples. #APStyleChat, APStylebook, 12 February 2019, 13 December 2022, en,weblink 19 October 2022, live, In deciding whether to use the term gay marriage, it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term gay marriage is sometimes considered erasure of such people.WEB,weblink One in 10 LGBT Americans Married to Same-Sex Spouse, 24 February 2021, Gallup, WEB,weblink When Bisexual People Marry, Karen, Yin, 8 March 2016, Conscious Style Guide,

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.BOOK, Fedorak, Shirley A., Anthropology matters!, University of Toronto Press, 2008, 978-1442601086, [Toronto], Ont., Ch. 11; p. 174, JOURNAL, Gough, Kathleen E., Jan–Jun 1959, The Nayars and the Definition of Marriage, The Journal of the Royal Anthropological Institute of Great Britain and Ireland, 89, 1, 23–34, 10.2307/2844434, 2844434, 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.BOOK, Murray, Stephen O.,weblink Boy-wives and female husbands : studies of African homosexualities, Roscoe, Will, St. Martin's, 2001, 978-0312238292, 1st pbk., New York, 28 October 2020,weblink 4 February 2021, live, JOURNAL, Njambi, Wairimu, O'Brien, William, Spring 2001, Revisiting "Woman-Woman Marriage": Notes on Gikuyu Women,weblink live, NWSA Journal, 12, 1, 1–23, 10.1353/nwsa.2000.0015,weblink" title="web.archive.org/web/20120113015023weblink">weblink 13 January 2012, 28 September 2012, 144520611, 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.NEWS, 24 May 2004, Dictionaries take lead in redefining modern marriage, The Washington Times,weblink live, 25 September 2012,weblink" title="web.archive.org/web/20120918034452weblink">weblink 18 September 2012, WEB, Webster Makes It Official: Definition of Marriage Has Changed,weblink live,weblink" title="web.archive.org/web/20150427004101weblink">weblink 27 April 2015, 28 September 2012, American Bar Association, The Oxford English Dictionary has recognized same-sex marriage since 2000.NEWS, Redman, Daniel, 7 April 2009, Noah Webster Gives His Blessing: Dictionaries recognize same-sex marriage—who knew?, Slate (magazine), Slate,weblink live, 28 September 2012,weblink" title="web.archive.org/web/20110917032021weblink">weblink 17 September 2011, 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.WEB, 13 August 2008, The Divine Institution of Marriage,weblink live,weblink 11 June 2019, 28 September 2012, The Church of Jesus Christ of Latter-day Saints,

History

{{For timeline}}{{Broader|History of homosexuality}}

Ancient

{{further|Homosexuality in ancient Rome}}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."Rabbi Joel Roth. Homosexuality {{Webarchive|url=https://web.archive.org/web/20170824192248weblink |date=24 August 2017 }} rabbinicalassembly.org 1992.A few scholars believe that in the early Roman Empire some male couples were celebrating traditional marriage rites in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded.Martial 1.24 and 12.42; Juvenal 2.117–42. Williams, Roman Homosexuality, pp. 28, 280; Karen K. Hersh, The Roman Wedding: Ritual and Meaning in Antiquity (Cambridge University Press, 2010), p. 36; Caroline Vout, Power and Eroticism in Imperial Rome (Cambridge University Press, 2007), pp. 151ff. Various ancient sources state that the emperor Nero celebrated two public weddings with males, once taking the role of the bride (with a freedman Pythagoras), and once the groom (with Sporus); there may have been a third in which he was the bride.Suetonius, Tacitus, Dio Cassius, and Aurelius Victor are the sources cited by Williams, Roman Homosexuality, p. 279. In the early 3rd century AD, the emperor Elagabalus is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of the emperor.Williams, Roman Homosexuality, pp. 278–279, citing Dio Cassius and Aelius Lampridius. Roman law did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially.Williams, Roman Homosexuality, p. 280. As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear.

Contemporary

File:NewlyMarriedCoupleAtCourthouse.jpg|thumb|Newly married couple in Minnesota shortly after the legalization of same-sex marriage in the United Statessame-sex marriage in the United StatesThe first same-sex couple to be married legally in modern times were Michael McConnell and Jack Baker in 1971, in Hennepin County, Minnesota.William N. Eskridg Jr. and Christopher R. Riano, "Marriage Equality: From Outlaws to In-Laws", Yale University Press (2020), Chapter 24 Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in the United States, the AIDS epidemic led to increased attention on the legal aspects of same-sex relationships.NEWS, March–April 2013, How Same-Sex Marriage Came to Be,weblink live,weblink 2 May 2019, 28 March 2015, Harvard Magazine, Andrew Sullivan made the first case for same sex marriage in a major American journal in 1989,WEB,weblinkweblink" title="web.archive.org/web/20090425202254weblink">weblink 25 April 2009, Andrew Sullivan: Thinking. Out. Loud., Intelligent Life, Spring 2009, 24 October 2013, Johann, Hari, published in The New Republic.NEWS, Sullivan, Andrew, Here Comes the Groom,weblink 24 October 2013, Slate, 9 November 2012, 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".NEWS, Rule, Sheila, 2 October 1989, Rights for Gay Couples in Denmark, The New York Times,weblink live, 19 August 2013,weblink" title="web.archive.org/web/20160304080523weblink">weblink 4 March 2016, In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples.NEWS, 26 May 2009, Same-sex marriage around the world, CBC News, Toronto,weblink live, 6 October 2009,weblink" title="web.archive.org/web/20101125125134weblink">weblink 25 November 2010, Since then, same-sex marriage has been established by law in 34 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 and Nepal are the only ones in Asia.WEB, 28 April 2021, The Dutch went first in 2001; who has same-sex marriage now?,weblink live,weblink 21 August 2021, 21 August 2021, Associated Press, WEB, The Kathmandu Post,weblink An initiative for marriage equality for the LGBTQIA+ community, 3 February 2024,

Timeline

The summary table below lists in chronological order the sovereign states (the United Nations member states and Taiwan) that have legalized same-sex marriage. As of 2024, 38 states have legalized in some capacity.WEB, Theil, Michele, This map shows you where same-sex marriage is legal around the world – and there's a long way to go,weblink PinkNews, 16 February 2024, 16 February 2024, Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority.{| class="wikitable"!2001
Netherlands}} Netherlands (1 April)
!2002|
!2003|{{flatlist}}
!2004|{{flatlist}}
!2005|{{flatlist}}
!2006
South Africa}} South Africa (30 November)
!2007|
!2008|{{flatlist}}
!2009|{{flatlist}}
!2010|{{flatlist}}
!2011|{{flatlist}}
!2012|{{flatlist}}
!2013|{{flatlist}}
!2014|{{flatlist}}
!2015|{{flatlist}}
!2016|{{flatlist}}
!2017|{{flatlist}}
!2018|{{flatlist}}
!2019|{{flatlist}}
!2020|{{flatlist}}
!2021|{{flatlist}}
!2022|{{flatlist}}
!2023|{{flatlist}}
!2024|{{flatlist}}
  • {{flagicon|Estonia}} Estonia (1 January)
  • {{flagicon|Greece}} Greece (16 February)
  • {{flagicon|Nepal}} Nepal (27 April)
!2025|{{flatlist}}

Same-sex marriage around the world

Same-sex marriage is legally performed and recognized in 37 countries: Andorra, Argentina, Australia,{{efn|name=australia|text=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.}} Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark,{{efn|name=denmark|text=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.}} Ecuador,{{efn|name=ecuador|text=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.}} Estonia, Finland, France,{{efn|name=france|text=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.}} Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico,{{efn|name=mexico|text=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.}} Nepal,{{efn|name=nepal|text=Nepal is waiting for a final decision by its supreme court, but meanwhile all local governments are instructed to issue marriage certificates to same-sex couples.WEB,weblink In landmark move, Nepal's govt circular allows same-sex marriage, April 27, 2024, May 5, 2024, }} the Netherlands,{{efn|name=netherlands|text=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.}} New Zealand,{{efn|name=nz|text=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.}} Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom,{{efn|name=uk|text= 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.}} the United States,{{efn|name=usa|text=Same-sex marriage is performed and recognized by law in all fifty states of the US 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 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.}} and Uruguay.WEB, Marriage Equality Around the World,weblink Human Rights Campaign, 3 February 2024, Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel.WEB, 2018, Information for couples marrying outside the Rabbinate,weblink November 10, 2023, Rackman Center, (File:World marriage-equality laws.svg|thumb|center|upright=3|{{legend|#025|Marriage open to same-sex couples (rings: individual cases)}}{{legend|#90C|Same-sex marriage recognized with full rights when performed remotely or abroad}}{{legend|#71C837|Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for}}{{legend|#06F|Civil unions or domestic partnerships}}{{legend|#9CF|Unregistered cohabitation or legal guardianship}}{{legend striped|#9CF|#EEE|Nonbinding certification|up=yes}}{{legend|#CAF|Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)}}{{legend|#C6E9AF|Country subject to an international court ruling to recognize same-sex marriage}}{{legend|#EEE|No legal recognition of same-sex unions}})Same-sex marriage is under consideration by the legislature or the courts in Aruba, Curaçao, JapanWEB, Japan opposition party submits bill for same-sex marriage,weblink Kyodo News, 6 March 2023, 31 May 2023, , the Navajo Nation,WEB, Damon introduces legislation to recognize same-sex marriages on Navajo Nation,weblink 2023-08-30, Navajo-Hopi Observer News, 27 June 2023, en, ThailandWEB,weblink Thailand's Cabinet approves a marriage equality bill to grant same-sex couples equal rights, Associated Press News, 21 November 2023, and Venezuela.WEB, 24 February 2022, Diputada plantea iniciativa para el matrimonio civil igualitario en la Asamblea Nacional,weblink El Acarigueño, es, 17 April 2022, 20 May 2022,weblink dead, Civil unions are being considered in a number of countries, including Kosovo,WEB,weblink Kosovo promises to introduce same-sex unions in May – Euractiv, Lithuania,WEB, Lithuanian MPs propose civil union as compromise on same-sex partnership,weblink 2022-05-23, www.baltictimes.com, Peru,NEWS, 23 October 2021, Presentan proyecto de ley sobre el matrimonio igualitario entre personas del mismo sexo, El Comercio,weblink 2022-06-28, elcomercio.pe, the Philippines,WEB, Padilla wants same-sex unions institutionalized,weblink Hana, Bordey, GMA News Online, 11 August 2022, Poland,WEB, Tilles, Daniel, 2023-12-18, New Polish ruling coalition outlines plans to introduce same-sex unions,weblink 2024-01-13, Notes From Poland, en-US, and Ukraine.WEB, Kholodnova, Anna, 2 August 2022, Zelensky responded to the petition on the legalization of same-sex marriages in Ukraine.,weblink Бабель, WEB, Lavers, Michael K., 2023-03-07, Ukrainian MP introduces bill to legally recognize same-sex couples,weblink 2023-03-08, www.washingtonblade.com, en-US, 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".WEB, Duffy, Nick, 13 March 2015, UKIP and Tories abstain on EU motion to recognise same-sex marriage,weblink live,weblink" title="web.archive.org/web/20150809064225weblink">weblink 9 August 2015, 26 July 2015, PinkNews, WEB, Texts adopted – Thursday, 12 March 2015 – Annual report on human rights and democracy in the world 2013 and the EU policy on the matter,weblinkEPTEXT+TA+P8-TA-2015-0076+0+DOC+XML+VEN&language=EN, live, https:web.archive.org/web/20150807122729weblink 7 August 2015, 26 July 2015, European Parliament, In 2018, the Inter-American Court of Human Rights ruled that all signatory countries must allow same-sex marriage.In response to the international spread of same-sex marriage, a number of countries have enacted preventative constitutional bans, with the most recent being Russia in 2020 and Mali and Tuvalu in 2023. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman. File:Constitutional bans on same-sex unions by country.svg|thumb|center|upright=3|{{legend|#D40000|Same-sex marriage bannedbanned

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.WEB, HUDOC – European Court of Human Rights,weblink live,weblink" title="web.archive.org/web/20150911221342weblink">weblink 11 September 2015, 26 July 2015, The court found, by a vote of 4 to 3, that their human rights had not been violated.NEWS, Buyse, Antoine, 24 June 2010, Strasbourg court rules that states are not obliged to allow gay marriage, The Guardian,weblink live, 8 November 2013,weblink" title="web.archive.org/web/20131213205714weblink">weblink 13 December 2013, 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").BOOK, Avram, Marieta, Drept civil Familia, 2016, Editura Hamangiu, 978-606-27-0609-8, Bucharest, Romanian, Civil law Family, 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",WEB, European Convention on Human Rights,weblink dead,weblink" title="web.archive.org/web/20140703060501weblink">weblink 3 July 2014, 25 July 2015, ECHR.coe.int, European Court of Human Rights, 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". Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. Andersen v. Poland.WEB,weblink ECHR, 21 July 2022, English, HUDOC - European Court of Human Rights, In 2021, the court ruled in Fedotova and Others v. Russia—followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage.JOURNAL, Palazzo, Nausica, Fedotova and Others v. Russia : Dawn of a new era for European LGBTQ families?, Maastricht Journal of European and Comparative Law, April 2023, 30, 2, 216–228, 10.1177/1023263X231195455, 261655476,

European Union

{{further|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.WEB, EU court backs residency rights for gay couple in Romania,weblink live,weblink 12 June 2018, 6 June 2018, Associated Press, 5 June 2018, NEWS, 5 June 2018, Same-sex spouses have EU residence rights, top court rules – BBC, BBC News,weblink live, 6 June 2018,weblink 8 May 2019, 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.WEB, Texts adopted – LGBTIQ rights in the EU – Tuesday, 14 September 2021,weblink live,weblink 16 September 2021, 16 September 2021, European Parliament, en, NEWS, 14 September 2021, MEPs condemn failure to respect rights of same-sex partners in EU, en, The Guardian,weblink live, 16 September 2021,weblink 14 September 2021,

Inter-American Court of Human Rights

(File:María Alexandra Chávez y Michelle Pamela Avilés - Primer matrimonio entre dos mujeres en Ecuador.jpg|thumb|right|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.{{cn|date=December 2023}} 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.WEB, 25 January 2018, Major Advance for Marriage Equality and Gender Identity Rights in Latin America, San Francisco Bay Times,weblink live,weblink" title="web.archive.org/web/20180129141726weblink">weblink 29 January 2018, 13 April 2018, Sfbaytimes.com, The ruling has directly led to the legal recognition of same-sex marriage in Costa Rica and Ecuador.{{cn|date=December 2023}}

Other arrangements

Civil unions

File:New York City Proposition 8 Protest outside LDS temple 20.jpg|thumb|upright|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.WEB, Towle, Andy, 13 November 2008, NYC Protest and Civil Rights March Opposing Proposition 8,weblink live,weblink" title="web.archive.org/web/20090213224331weblink">weblink 13 February 2009, 28 September 2012, TowleroadTowleroadCivil union, civil partnership, domestic partnership, registered partnership, unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of {{date}}, countries that have an alternative form of legal recognition other than marriage on a national level are: Bolivia, Croatia, Cyprus, the Czech Republic, Hungary, Israel (registered foreign marriage and domestic common-law marriage), Italy, Latvia, Liechtenstein, Monaco, Montenegro and San Marino.WEB, Pearson, Mary, Where is Gay Marriage Legal?,weblink dead,weblink" title="web.archive.org/web/20120301004148weblink">weblink 1 March 2012, 20 February 2012, christiangays.com, WEB, Williams, Steve, Which Countries Have Legalized Gay Marriage?,weblink live,weblink 29 April 2019, 20 February 2012, Care2.com (news.bbc.co.uk as source), 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, eighteen 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, Greece, Luxembourg, Malta, the Netherlands, Portugal, South Africa, Spain, the United Kingdom and Uruguay.WEB, Loi du 9 juillet 2004 relative aux effets légaux de certains partenariats. – Legilux,weblink live,weblink" title="web.archive.org/web/20160911061405weblink">weblink 11 September 2016, 7 July 2017, Eli.legilux.public.lu, WEB, 12 March 2007, Loi n° 99-944 du 15 novembre 1999 relative au pacte civil de solidarité,weblink live,weblink 16 August 2019, 7 July 2017, Legifrance.gouv.fr, fr, WEB, WETTEN, DECRETEN, ORDONNANTIES EN VERORDENINGEN LOIS, DECRETS, ORDONNANCES ET REGLEMENTS,weblink live,weblink" title="web.archive.org/web/20190429011144weblink">weblink 29 April 2019, 7 July 2017, Ejustice.jkust.fgov.be, WEB, Civil Partnership Act 2004,weblink live,weblink" title="web.archive.org/web/20190429011336weblink">weblink 29 April 2019, 5 July 2017, Legislation.gov.uk, They are also available in parts of the United States (Arizona,{{efn|Legally available in the Arizona municipalities of Bisbee, Clarkdale, Cottonwood, Jerome, Sedona and Tucson.}} California, Colorado, Hawaii, Illinois, New Jersey, Nevada and Oregon) and Canada.WEB, Same-Sex Marriage, Civil Unions and Domestic Partnerships,weblink live,weblink" title="web.archive.org/web/20130610003023weblink">weblink 10 June 2013, 20 February 2012, National Conference of State Legislatures, NEWS, Ramstack, Tom, 11 January 2010, Congress Considers Outcome of D.C. Gay Marriage Legislation, AHN,weblink dead,weblink" title="web.archive.org/web/20100620042439weblink">weblink 20 June 2010,

Non-sexual same-sex marriage

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.Gender and Language in Sub-Saharan Africa, 2013:35

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.WEB, Igwe, Leo, 19 June 2009, Tradition of same gender marriage in Igboland,weblinkweblink" title="web.archive.org/web/20100111010506weblink">weblink 11 January 2010, Nigerian Tribune,

Studies

The American Anthropological Association stated on 26 February 2004:{{blockquote|text=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.WEB, American Anthropological Association, American Anthropological Association, 2004, Statement on Marriage and the Family,weblink live,weblink" title="web.archive.org/web/20150912104755weblink">weblink 12 September 2015, 18 September 2015, }}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.NEWS, 26 June 2015, Same-sex marriage and children's well-being: Research roundup, Journalist's Resource,weblink live, 29 December 2015,weblink" title="web.archive.org/web/20160102172415weblink">weblink 2 January 2016, {{vague|date=February 2021}}The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors. JOURNAL, 10.1002/pam.22587, A review of the effects of legal access to same-sex marriage, Journal of Policy Analysis and Management, 2024, Badgett, M.V. Lee, Carpenter, Christopher S., Lee, Maxine J., Sansone, Dario, free, The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On the health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities.

Health

{{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.Herek, Gregory M. "Legal recognition of same-sex relationships in the United States: A social science perspective." American Psychologist, Vol 61(6), September 2006, pp. 607–21.{{needs update|date=December 2023}} Studies in the United States have correlated legalization of same-sex marriage to lower rates of HIV infection,WEB, Elaine Justice, Study Links Gay Marriage Bans to Rise in HIV infections,weblink live,weblink" title="web.archive.org/web/20100409072056weblink">weblink 9 April 2010, 5 November 2010, Emory University, JOURNAL, Peng, Handie, The Effect of Same-Sex Marriage Laws on Public Health and Welfare, Userwww.service.emory.edu,weblink live,weblink" title="web.archive.org/web/20120220025915weblink">weblink 20 February 2012, 11 February 2012, psychiatric disorders,WEB, Hasin, Deborah, Lesbian, gay, bisexual individuals risk psychiatric disorders from discriminatory policies,weblink live,weblink" title="web.archive.org/web/20130227012518weblink">weblink 27 February 2013, 20 September 2012, Columbia University Mailman School of Public Health, NEWS, Mustanski, Brian, 22 March 2010, New study suggests bans on gay marriage hurt mental health of LGB people, Psychology Today,weblink 8 November 2010, and suicide rate in the LGBT population.JOURNAL, Raifman, Julia, Moscoe, Ellen, Austin, S. Bryn, McConnell, Margaret, 2017, Difference-in-Differences Analysis of the Association Between State Same-Sex Marriage Policies and Adolescent Suicide Attempts, JAMA Pediatrics, 171, 4, 350–356, 10.1001/jamapediatrics.2016.4529, 5848493, 28241285, WEB, 20 February 2017, Same-Sex Marriage Legalization Linked to Reduction in Suicide Attempts Among High School Students,weblink live,weblink 29 April 2019, 8 June 2018, Johns Hopkins University,

Issues

{{See also|LGBT rights opposition}}While few societies have recognized same-sex unions as marriages,{{update needed|date=January 2024}} 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|date=June 2018}} 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,WEB, Laurie, Timothy, 3 June 2015, Bigotry or biology: the hard choice for an opponent of marriage equality,weblink live,weblink" title="web.archive.org/web/20150604151718weblink">weblink 4 June 2015, 4 June 2015, The Drum, undermines a right of children to be raised by their biological mother and father.NEWS, Blankenhorn, David, 19 September 2008, Protecting marriage to protect children, Los Angeles Times,weblink live, 6 October 2009,weblink" title="web.archive.org/web/20090904154130weblink">weblink 4 September 2009, Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships,WEB, See discussion of prenuptial and postmarital agreements at Findlaw,weblink dead,weblink" title="web.archive.org/web/20101025170627weblink">weblink 25 October 2010, 5 November 2010, Family.findlaw.com, while others argue that same-sex marriages would provide social benefits to same-sex couples.{{efn|1=Dale Carpenter is a prominent spokesman for this view. For a better understanding of this view, see Carpenter's writings at WEB, Dale Carpenter,weblink dead,weblink" title="web.archive.org/web/20061117201231weblink">weblink 17 November 2006, 31 October 2006, Independent Gay Forum, }} 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|date=July 2017}}

Parenting

(File:P051702-149695.jpg|thumb|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.WEB, 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 â€“ Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker),weblink live,weblink" title="web.archive.org/web/20150413160709weblink">weblink 13 April 2015, 5 November 2010, WEB, 2006, Marriage of Same-Sex Couples – 2006 Position Statement Canadian Psychological Association,weblinkweblink" title="web.archive.org/web/20090419195945weblink">weblink 19 April 2009, JOURNAL, etal, Pawelski JG, Perrin EC, Foy JM, July 2006, The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children, Pediatrics (journal), Pediatrics, 118, 1, 349–64, 10.1542/peds.2006-1279, 16818585, 219194821, WEB, Lamb, Michael, Expert Affidavit for U.S. District Court (D. Mass. 2009),weblink live,weblink" title="web.archive.org/web/20150924022457weblink">weblink 24 September 2015, 24 July 2012, Gay & Lesbian Advocates & Defenders, WEB, 22 March 2013, Pediatricians: Gay Marriage Good for Kids' Health,weblink live,weblink" title="web.archive.org/web/20141112053402weblink">weblink 12 November 2014, 11 April 2013, news.discovery.com, 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.WEB, Elizabeth Short, Damien W. Riggs, Amaryll Perlesz, Rhonda Brown, Graeme Kane: Lesbian, Gay, Bisexual and Transgender (LGBT) Parented Families – A Literature Review prepared for The Australian Psychological Society,weblink dead,weblink" title="web.archive.org/web/20110304014530weblink">weblink 4 March 2011, 5 November 2010, WEB, Brief of the American Psychological Association, The California Psychological Association, The American Psychiatric Association, and The American Association of Marriage and Family Therapy as Amici Curiae in Support of Plaintiff-Appellees,weblink live,weblink" title="web.archive.org/web/20150413160709weblink">weblink 13 April 2015, 28 September 2012, United States Court of Appeals for the Ninth Circuit, According to scientific literature reviews, there is no evidence to the contrary.JOURNAL, 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, 349–64, 10.1542/peds.2006-1279, 16818585, 219194821, JOURNAL, Herek, GM, September 2006, Legal recognition of same-sex relationships in the United States: a social science perspective,weblink dead, The American Psychologist, 61, 6, 607–21, 10.1037/0003-066X.61.6.607, 16953748,weblink" title="web.archive.org/web/20100610164736weblink">weblink 10 June 2010, JOURNAL, Biblarz, Timothy J., Stacey, Judith, February 2010, How Does the Gender of Parents Matter?,weblink dead, Journal of Marriage and Family, 72, 1, 3–22, 10.1.1.593.4963, 10.1111/j.1741-3737.2009.00678.x,weblink" title="web.archive.org/web/20130512111336weblink">weblink 12 May 2013, WEB, Brief presented to the Legislative House of Commons Committee on Bill C38 by the Canadian Psychological Association – 2 June 2005.,weblink dead,weblink" title="web.archive.org/web/20121013225547weblink">weblink 13 October 2012, 7 August 2018, {{update needed|date=December 2023}}Compared to heterosexual couples, same-sex couples have a greater need for adoption or assisted reproductive technology to become parents. Lesbian couples often use artificial insemination to achieve pregnancy, and reciprocal in vitro fertilization (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. Surrogacy is an option for wealthier gay male couples, but the cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships.JOURNAL, Goldberg, Abbie E., LGBTQ-parent families: Diversity, intersectionality, and social context, Current Opinion in Psychology, February 2023, 49, 101517, 10.1016/j.copsyc.2022.101517, 36502588, 253665001,weblink JOURNAL, Leal, Daniela, Gato, Jorge, Coimbra, Susana, Freitas, Daniela, Tasker, Fiona, Social Support in the Transition to Parenthood Among Lesbian, Gay, and Bisexual Persons: A Systematic Review, Sexuality Research and Social Policy, December 2021, 18, 4, 1165–1179, 10.1007/s13178-020-00517-y, 10216/132451, free,

Adoption

(File:World same-sex adoption laws.svg|center|thumb|upright=3|Legal status of adoption by same-sex couples around the world: {{legend|#800080|Joint adoption allowed}}{{legend|#ba75ff|Second-parent (stepchild) adoption allowed}}{{legend|#CCCCCC|No laws allowing adoption by same-sex couples and no same-sex marriage}}{{legend|#E4D69D|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 Nepal, Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, 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 include Italy (on a case-by-case basis) and San Marino.{{cn|date=December 2023}}

Transgender and intersex people

{{synthesis|date=May 2017}}{{See also|Transgender rights|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|date=February 2021}} 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.Bockting, Walter, Autumn Benner, and Eli Coleman. "Gay and Bisexual Identity Development Among Female-to-Male Transsexuals in North America: Emergence of a Transgender Sexuality." Archives of Sexual Behavior 38.5 (October 2009): 688–701. Academic Search Premier. EBSCO. 29 September 2009In 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|date=February 2020}}, 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.WEB, 5 July 2006, Austria gets first same-sex marriage,weblinkweblink" title="web.archive.org/web/20071017161302weblink">weblink 17 October 2007, 20 July 2008, 365gay.com, 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.WEB, 11 January 2013, Sweden ends forced sterilization of trans,weblink live,weblink 12 June 2018, 10 October 2017, gaystarnews.com, In the United States, transgender and intersex marriages was subject to legal complications.JOURNAL, Deborah, Anthony, Spring 2012, CAUGHT IN THE MIDDLE: TRANSSEXUAL MARRIAGE AND THE DISCONNECT BETWEEN SEX AND LEGAL SEX., Texas Journal of Women & the Law, 21, 2, As definitions and enforcement of marriage are defined by the states, these complications vary from state to state,NEWS, Schwartz, John, 18 September 2009, U.S. Defends Marriage Law, The New York Times,weblink live, 29 September 2009,weblink" title="web.archive.org/web/20140714172436weblink">weblink 14 July 2014, as some of them prohibit legal changes of gender.WEB, Movement Advancement Project {{!, Equality Maps |url=http://www.lgbtmap.org/equality-maps |url-status=live |archive-url=https://web.archive.org/web/20190422164047weblink |archive-date=22 April 2019 |access-date=2019-04-19 |website=www.lgbtmap.org |language=en}}

Divorce

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.WEB, Matthew S. Coleman, 16 September 2015, Obergefell v. Hodges,weblink live,weblink" title="web.archive.org/web/20151224103921weblink">weblink 24 December 2015, 8 November 2015, Einhorn Harris,

Judicial and legislative

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.NEWS, Leff, Lisa, 4 December 2008, Poll: Calif. gay marriage ban driven by religion, USA Today, Associated Press,weblinkweblink" title="web.archive.org/web/20081208080418weblink">weblink 8 December 2008, archived here.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.NEWS, Mirchandani, Rajesh, 12 November 2008, Divisions persist over gay marriage ban, BBC News,weblink live, 18 December 2008,weblink" title="web.archive.org/web/20140428173747weblink">weblink 28 April 2014,

Public opinion

{{See also|Public opinion of same-sex marriage in the United States|Public opinion of same-sex marriage in Australia}}File:Public Support of Same-Sex Marriage.svg|center|thumb|upright=3|Public opinion of same-sex marriage. Fraction in favor:For ease of comparison, only 'yes' and 'no' responses are counted. For old polling data, support figures have been adjusted upward @1%/year.{{col-begin}}{{col-break}}{{legend|#58006e|5⁄6+}}{{legend|#b000dc|2⁄3+}}{{col-break}}{{legend|#dd55ff|1⁄2+}}{{legend|#f5cdff|1⁄3+}}{{col-break}}{{legend|#fcefff|1⁄6+}}{{legend|#e0e0e0|{{Status of same-sex unions}}{{Marriage amendments}}{{Types of marriages}}{{LGBT|state=collapsed|rights=expanded}}{{Authority control}}

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