Legal status of same-sex marriage

The current status of same-sex marriage changes nearly on a daily-basis as legislation and legal action takes place around the world. Summarized in this article are the current trends and consensus of religions and political authorities throughout the world.

Current status of same-sex religious marriage

Worldwide, most, but not all, religious traditions do not recognize or perform same-sex marriages.

In Judaism, same-sex marriage is not supported in the Orthodox religious tradition, and is selectively supported in the Conservative tradition. Reform Judaism, the largest Jewish religious tradition, permits rabbis to bless same-sex unions within their synagogues, though it does not use the words "wedding" or "marriage" in this context.

In Canada, the issue of same-sex marriage has split the religious community, with the United Church of Canada, the country's largest Protestant denomination, and some elements of the Anglican Church of Canada being supportive. However, the world Anglican council opposes the changes in Canadian churches.

In 1987, British Quakers agreed that local groups could celebrate same-sex commitments through special acts of worship which mirror the Quaker wedding ceremony.

In 2002, the Anglican Diocese of New Westminster in British Columbia (which includes Greater Vancouver) began allowing its churches to bless same-sex unions in marriage-like ceremonies. In response, bishops from Africa, Asia and Latin America, representing more than one-third of Anglican Communion members worldwide, cut their relations with the diocese.

Same sex marriages can also be blessed by the Anglican clergy of the Church of England.

On July 4, 2005, the General Synod of the United Church of Christ approved a resolution affirming equal marriage rights regardless of gender. The leadership of this denomination made claims like "the 1.3 million member UCC became the largest Christian denomination to approve marriage equality", despite the Synod's lack of authority to speak for the denomination's largely autonomous congregations. The specifics of the resolution did not change any church's religious marriage policies, but urged UCC congregations to advocate for civil marriage equality. In keeping with the polity of that denomination, doctrinal matters like wedding policies remain under the authority of each local congregation.

Religious same-sex wedding ceremonies are already performed in Unitarian Universalist churches, some Reform and Reconstructionist Jewish synagogues, some Quaker congregations (mostly associated with unprogrammed meetings; see the main article), and by the Metropolitan Community Church.

In Sweden the Lutheran church allows blessings of same-sex couples and also in the Netherlands and in Switzerland the reformed church allowed blessings of married same-sex couples. In Germany some Lutheran and reformed churches in the EKD permit their priests also blessings of same-sex couples.

Several Canadian religious groups joined in an interfaith coalition in support of equal marriage rights, and issued a joint statement: http://www.religious-coalition.org/

Further details of Christian attitudes can be found at Christian attitudes to same-sex marriage

Current status of same-sex civil marriage

World homosexuality laws

The first country to legalize same-sex marriages was the Netherlands (2001), while the first marriages were performed in the Amsterdam city hall on the 1st April, 2001. At present, same-sex marriages are legal nationally in several countries (see map on the left): the Netherlands, Belgium, Canada, Spain, and South Africa.

Africa

In December 2005, in the case of Minister of Home Affairs v. Fourie, the Constitutional Court of South Africa ruled unanimously that it was unconstitutional to prevent people of the same-gender from marrying when marriage was permitted for people of opposite gender, and gave Parliament one year to "rework laws allowing same-sex unions". If Parliament does not act, the words "or spouse" will be added to the Marriage Act to allow these unions.

South Africa has completed the process of reorganizing certain government departments to support gay marriages. By July 2005, the Department of Home Affairs had completed the design and printing of new forms to allow for same-sex couples to apply for immigration and residence benefits. Several same-sex couples are already legally recognized as married, based on the definition of "spouse" in South Africa's Immmigration Act of 2002.

In November of 2006, the government of South Africa passed the Civil Unions Act, allowing for the "voluntary union of two persons, which is solemnized and registered by either a marriage or civil union." The law allows for churches to refuse to perform civil unions.

Asia

The National People's Congress, legislature of the People's Republic of China (PRC, aka China), proposed legislation allowing same-sex marriages in 2003. During the course of the debate the proposal failed to garner the 30 votes needed for a placement on the agenda. Same-sex marriage supporters have vowed to keep pressing for its passage in the PRC.

In 2003, the government of the Republic of China, (ROC, aka Taiwan) led by the Presidential office proposed legislation granting marriages to same-sex couples under the Human Rights Basic Law. However, it faced opposition among cabinet members and has been stalled since. Currently ROC does not have any form of same-sex unions.

On July 30, 2004, the Democratic Labor Party of South Korea filed a formal complaint against the Incheon District Court's decision to refuse the recognition of same-sex marriages. The complaint was filed on the grounds that the decision is unconstitutional since neither the Constitution nor civil law define marriage as being between a man and a woman (the only mentioned requisite is age of majority) and that the Constitution explicitly forbids discrimination "pertaining to all political, economic, social, or cultural aspects of life of an individual." The Committee also claimed that refusal to recognize same-sex marriages constitutes discrimination based on sexual orientation and a refusal to provide equal protection under the law.

The New People's Army of the Philippines, a communist group designated by the US State Department as a terrorist organization, conducted the country’s first same-sex marriage in 2005; however it was not recognized by the government. Within the government there has been fierce debate on the issue of same-sex unions. Generally the Communist Party supports legislation allowing such marriages while the Roman Catholic Church opposes it. But since 1991 the Metropolitan Community Church Philippines has been conducting Same Sex Holy Unions in the Philippines.

The King of Cambodia, Norodom Sihanouk, announced in 2004 that he supports legislation granting marriages to same-sex couples. He is hugely revered among Cambodians; however since his proclamation there have been no legislative efforts to allow them.

Israel

Marriages of Jewish couples in Israel are performed under the authority of the Chief Rabbinate of Israel (the highest orthodox religious authority). For non-orthodox, Jewish, straight couples getting married in Israel can be difficult or impossible, as they are required to fulfill the requirements of the orthodox religious establishment beforehand. Many such couples choose to avoid this difficulty by getting married in another country, and having the marriage registered in Israel.

On 21 November 2006, the Israeli High Court of Justice ruled 6-to-1 in favor of five same-sex Israeli couples who had married in Canada and sought to have their marriages registered in Israel, possibly setting a precedent which could allow other couples to do so. [1]

Europe

Status of legal recognition in Europe.

Legend
	Same sex marriage legal
	Civil unions legal
	Unregistered cohabitation legal
	Issue under consideration
	Illegal or unknown

Same-sex civil marriages currently are legally recognized nationwide in Belgium, Spain and the Netherlands. These three countries treat married same-sex couples and married opposite-sex couples in the same way, also in respect of adoption. In a number of other European countries, same-sex civil unions give identical or very similar rights to marriage, and are different only in name (e.g. the United Kingdom).

A poll conducted by EOS Gallup Europe in 2003 found that 57 percent of the population in the then 15-member European Union supports same-sex marriage. The support among the members states who joined in 2004 is lower (around 28 percent), meaning that 53 percent of citizens in the 25-member EU support legalising same-sex marriage. [2]

Belgium

Main article: Same-sex marriage in Belgium

On January 30 2003, Belgium became the second country in the world to legally recognize same-sex marriage, with some restrictions.

Czech Republic

Main article: Civil unions in the Czech Republic

On March 15 2006, the parliament of the Czech Republic voted to override a presidential veto and allow same-sex partnerships to be recognized by law, effective July 1 2006, granting registered couples inheritance and health care rights similar to married couples, but does not grant adoption rights. The parliament had previously rejected similar legislation four times. [3] [4]

France

Main articles: Same-sex marriage in France, Pacte civil de solidarité

In May 2004, the largest opposition party in France, the French Socialist Party, announced its support for same-sex marriage. A 2004 poll by ELLE found that 64% of France supports same-sex marriage and 49% support adoption by same-sex couples. [5]

Germany

Main article: Civil unions in Germany

In Germany there is a legal recognition of same-sex couples. Registered life partnerships (effectively, a form of civil union) have been instituted since 2001, giving same-sex couples rights and obligations in areas such as inheritance, health insurance, immigration, name change, and maintenance (alimony and child support). In 2004, this act was amended to include adoption rights (stepchild adoption only) and to reform previously cumbersome dissolution procedures with regard to division of property and alimony.

Later that year, the Social Democratic Party, one of the oldest and largest political parties in Germany, and the Alliance '90/The Greens (a political party founded in the 1970s, based on progressive social movements in Germany) proposed allowing same-sex marriage. German public opinion showed generous support for same-sex marriage in 2003, with 65% agreeing with such a proposal, and 57% agreeing with gay adoption. This represents an increase over the acceptance in May 1999, when only 54% favored gay marriage, with 37% opposed.

Hungary

Hungary is the first ex-communist country and fifth in the world to legalize same-sex partnerships.

Unregistered Cohabitation has been recognized since 1996. It applies to any couple living together in an economic and sexual relationship (common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. These rights and benefits are not automatically given - they must be applied for to the social department of the local government in each case. An amendment was made to the Civil Code: "Partners - if not stipulated otherwise by law - are two people living in an emotional and economic community in the same household without being married." Widow-pension is possible, partners cannot be heirs by law (without the need for a will), but can be designated as testamentary heirs.

The Hungarian government (MSZP-SZDSZ) is considering introducing facultative registration of partnerships as part of the new Civil Code. In the current state of the bill the registration would not legally create the partnership (it automatically dissolves if the parties separate), but would only make easier to prove the existence of factual cohabitation. No benefits beyond the ones available for unregistered couples (except in the case of inheritance) would be available. The bill is still in the phase of drafting, it is expected to be introduced in Parliament at the end of 2007. Hungarian liberals SZDSZ are undecided weather to support full civil marriage or only registered partnership. Adoption by individuals is legal regardless of sexual orientation, same sex couples cannot jointly adopt, or adopt their partner's biological child. According to the polls, 60% of the Hungarians support the full same-sex marriage, and 50% support the jointly adoption. Some politicians from SZDSZ and MSZP (including Katalin Lévai former Minister for Equality, now MEP for MSZP) advocate full same-sex marriage.

Latvia

Main article: Same-sex marriage in Latvia

In December 2005, the Latvian Parliament passed a constitutional amendment defining marriage as a union between a man and a woman. President Vaira Vīķe-Freiberga signed the amendment shortly afterwards, making Latvia the third (after Poland and Lithuania) member state of the European Union to constitutionally define marriage as a union between a man and a woman. [6]

Netherlands

Main article: Same-sex marriage in the Netherlands

The Netherlands became the first country in the world to recognize same-sex marriages on April 1, 2001.

Portugal

Main article: Same-sex marriage in Portugal, Civil unions in Portugal

Portugal is one of the few countries in the world that has a constitution that bans any form of discrimination based on one's sexual orientation, along with race, religion, etc.

On March 2001, the Socialist government of then Prime Minister Antonio Guterres introduced legislation that would extend to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years. This, effectively provides same-sex couples with the possibility to register their partnership as a Civil Union.

Same-sex marriage has been the source of debate since on February 2006 a lesbian couple were denied a marriage license. They have taken their case to court based on the ban to discrimination based on one's sexual orientation as stipulated by the 1976 constitution. Prime Minister Jose Socrates has stated that introducing same-sex marriage legislation is not in his current government's agenda, yet he has stated that such legislation could be studied in a future mandate. The youth wing of his Socialist Party is strongly in favor of same-sex marriage, as are the two other left-of-center parties with parliamentary representation. The right has spoken against any such possible legislation.

Slovenia

Main article: Same-sex unions in Slovenia

In July 2006, Slovenia became one of the more recent country to recognize domestic partnerships nationwide.[7]

Spain

Main article: Same-sex marriage in Spain

After being elected in June 2004, Spanish prime minister Zapatero restated his pre-election pledge to push for legalization of same-sex marriage. [8] On 1 October, 2004, the Spanish Government approved a bill to legalize same-sex marriage, including adoption rights. The bill received full parliamentary approval on June 30, 2005 and passed into law on July 2, becoming fully legal on Sunday July 3. Polls suggest that 62% to 66% of Spain supports same-sex marriage. [9][10][11]

Sweden

Main article: Civil unions in Sweden, Same-sex marriage in Sweden

In late January 2005, the Swedish government put together a committee of the major political parties to study whether or not the country should allow same-sex marriages. [12]. The conclusion of the committee shall be brought to the government no later than March 30, 2007. [13]

United Kingdom

Main articles: Civil partnerships in the United Kingdom, Same-sex marriage in the United Kingdom

On 18 November 2004 the United Kingdom Parliament passed the Civil Partnership Act, which came into force in December 2005 and allows same-sex couples to register their partnership. The Government stressed during the passage of the Bill that it is not same-sex marriage, and some gay activists have criticized the Act for not using the terminology of marriage. However, the rights and duties of partners under this legislation will be almost exactly the same as for married couples. An amendment proposing similar rights for family members living together was rejected. The press is widely referring to these unions as "gay marriage." [14] [15]

North America

United States

Main article: Same-sex marriage in the United States

File:US SSM Laws.png

U.S. same-sex union laws

Congress in 1996 passed the Defense of Marriage Act (DOMA). (Regarding the name of the act, see below.) The Act is meant to prevent the courts from using the Constitution's Full Faith and Credit Clause to bring same-sex marriage to states that have rejected it by forcing one state to recognize the marriages of another state, although it is debated whether that clause would even have such an effect without the Act.

Twenty states have constitutional amendments explicitly barring the recognition of same-sex marriage[16], forty-three states have legal statutes defining marriage to two persons of the opposite-sex. The territory of Puerto Rico ratified a DOMA in 1998.

On July 6, 2006, the New York Court of Appeals ruled in a 4-2 decision that the New York state government is not required to allow same-sex marriage, affirming the constitutionality of a state law limiting marriage to a man and a woman. Judge Robert Smith said any change in the law should come from the state legislature. The majority opinion found that the legislature has a compelling state interest to protect children and that while "marriage" is a fundamental right, "same-sex marriage" is not since there is no historical context for it. [17]

On the same day, July 6, 2006, in the state of Georgia, the state Supreme Court reinstated Georgia's constitutional ban on gay marriage, just hours after New York's highest court upheld that state's gay-marriage ban. [18]

On July 26, 2006, the state of Washington Supreme Court ruled that the state's DOMA was not unconstitutional and therefore same-sex marriage is an issue appropriate for the legislature and not the judiciary system. [19]

Only Massachusetts recognizes same-sex marriage, Vermont, Connecticut and New Jersey offer civil unions, California has a domestic partnership law granting all of the rights and responsibilities that are granted to and imposed upon spouses under California Law, Maine and the District of Columbia grant certain benefits through domestic partnerships, and Hawaii has reciprocal beneficiary laws.

In 1999, the Vermont Supreme Court decided Baker v. Vermont, ruling that their state legislature must establish identical rights for same-sex couples similar to those of married opposite-sex couples. Legislators elected to create state level civil unions as what they argued was a middle-ground; this was signed into law by then-governor Howard Dean.

The Massachusetts Supreme Judicial Court on November 18 2003, ruled in the case of Goodridge v. Department of Public Health that denial of marriage licenses to same-sex couples violates the state's Equal Protection Clause. The court stayed its ruling until May 17 2004 to give the legislature time to respond to their judgment. Beginning on that date, hundreds of same-sex couples were legally married in Massachusetts. The court also ruled in late 2006 that same-sex couples from Rhode Island can marry in Massachusetts as Rhode Island law does not specifically prohibit same-sex marriage.

New Jersey's Supreme Court ruled that same-sex couples have the same rights to marry as heterosexual couples, and gave the legislature 180 days to draw up laws that would either include same-sex couples in marriage laws or create new laws that codify civil unions. The decision was released on October 25, 2006. Main article: Same-sex marriage in New Jersey

The California Legislature became the first legislature in the United States to pass a bill authorizing same-sex marriage without a court order in 2005. The bill, Assembly Bill 849, was vetoed by Governor Arnold Schwarzenegger.

Canada

Main article: Same-sex marriage in Canada

In Canada between 2003 and 2005, the provincial supreme courts of Ontario, British Columbia, Quebec, Manitoba, Nova Scotia, Saskatchewan, Newfoundland and Labrador, New Brunswick as well as the Yukon Territory, ruled the prohibition of same-sex marriage to be contrary to the Charter of Rights, thus legalizing it in those jurisdictions. On July 20 2005, the Canadian Parliament passed the Civil Marriage Act defining marriage nationwide as "the lawful union of two persons to the exclusion of all others." On December 7, 2006, by a vote of 175 to 123, the Canadian House of Commons defeated a motion asking the government to introduce amendments to the Marriage Act to restrict marriage to opposite-sex couples.

Canada is also the only country without a residency requirement for same-sex marriage; consequently, many foreign couples have come to Canada to marry, regardless of whether that marriage will be recognized in their home country. In fact, in some cases, a Canadian marriage has provided the basis for a challenge to the laws of another country, with cases in Ireland and Israel.

As of November 11 2004 the Canadian federal government's immigration department, the Department of Citizenship and Immigration Canada (CIC), considers same-sex marriages performed in Canada valid for the purposes of sponsoring a spouse to immigrate. See CIC Immigration authorities there had previously considered long-term same-sex relationships to be equivalent to similar heterosexual relationships as grounds for sponsorship.

Mexico

Mexico City's local government passed and approved (43-17) the bill legalizing same-sex partnerships on November 9, 2006. See [20] The northern state of Coahuila which borders Texas has passed the bill on January 11, 2007. Hidalgo (a state neighboring the capital) has also agreed to vote on the a bill legalizing the same unions breaking a long tradition of conservative politics.

Cherokee

The Native American Cherokee Nation in 2004 issued a moratorium on same-sex marriages while they consider their validity after a lesbian couple applied for a marriage. The Tribal Council unanimously approved a Constitutional amendment stating that the Cherokee defines marriage as between one man and one woman. The couple have appealed to the judicial court, on grounds that their union predated the amendment. On December 22 2005, the Judicial Appeals Tribunal of the Cherokee Nation dismissed an injunction against the lesbian couple filed by members of the Tribal Council to stop the marriage. The couple still has to file the marriage certificate for the marriage to become legal. However, there are no plans to complete the filing.

South America

Brazil

The southernmost Brazilian state of Rio Grande do Sul currently (June 2006) allows same-sex civil unions, while the rest of the country debates a law that would allow same-sex civil unions throughout the nation.[21]

Argentina

Two regions in Argentina allow same-sex civil unions: the province of Río Negro and the Autonomous City of Buenos Aires (a federal district and capital city of the republic).

Colombia

The Colombian Constitutional Court ruled (February 2007) that same-sex couples are entitled to the same inheritance rights as heterosexuals in common-law marriages. Making Colombia the first South American nation to recognize legally gay couples nation wide.

Oceania

Australia

Main article: Same-sex marriage in Australia

In Western Australia and in Tasmania civil unions are allowed. In 2004, Prime Minister John Howard proposed to amend federal law so that neither foreign nor domestic same-sex unions could be recognised as marriage. This effectively banned same-sex marriage in Australia. The law, which had not defined marriage specifically, appropriated marriage as the "voluntary union of one man and one woman to the exclusion of all others." The Federal Opposition, namely the Australian Labor Party under the leadership of Mark Latham, joined with the Government to support the ban, amid strong objection from the Australian Democrats and The Greens. It was passed on 13 August 2004.

A Civil Union Bill was introduced to the ACT parliament by Chief Minister Jon Stanhope in late March 2006 and passed on May 11 2006. The Bill extends marriage-like rights to committed same-sex couples within the ACT. However, the Prime Minister has publicly objected to same-sex relationships being legally equated with "traditional marriage" and overturned that bill (despite Attorney-General Philip Ruddock stating that such relationships were a legislative matter for individual States and Territories).

New Zealand

In New Zealand civil unions, which impart all of the same rights and privileges as marriage, are allowed.

References

• http://mccph.wordpress.com - The Official Website of the Metropolitan Community Church Philippines
• http://www.realbenidorm.net/gaybenidorm - For latest info on gay marriage in Benidorm on the Spanish Costa Blanca