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Recognition of same-sex unions in Europe

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.
Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

Debate has occurred throughout Europe over proposals to legalize same-sex marriage as well as civil unions and registered partnerships.

Currently 22 (mostly located in western Europe) of the 51 countries in Europe recognize some type of same-sex unions, among them a majority of members of the European Union. Seven European countries legally recognize same-sex marriage, namely Belgium, Iceland, the Netherlands, Norway, Portugal, Spain and Sweden. An additional fifteen have a form of civil union, registered partnership or unregistered cohabitation. Several countries currently consider improving same-sex union recognition.

The constitutions of Belarus, Bulgaria, Latvia, Lithuania, Moldova, Montenegro, Poland, Serbia and Ukraine define marriage as a union between a man and woman.

Current situation

Status Country Year of implementation EU member
Marriage
(7 states) 		Belgium Belgium 2003 Yes
Iceland Iceland 2010 No
Netherlands Netherlands 2001 Yes
Norway Norway 2009 No
Portugal Portugal 2010 Yes
Spain Spain 2005 Yes
Sweden Sweden 2009 Yes
Civil unions and
registered partnerships
(14 states) 		Andorra Andorra 2005 No
Austria Austria 2010 Yes
Czech Republic Czech Republic 2006 Yes
Denmark Denmark 1989 Yes
Finland Finland 2002 Yes
France France 1999 Yes
Germany Germany 2001 Yes
Hungary Hungary 2009 Yes
Republic of Ireland Ireland 2011 Yes
Liechtenstein Liechtenstein 2011 No
Luxembourg Luxembourg 2004 Yes
Slovenia Slovenia 2006 Yes
Switzerland Switzerland 2007 No
United Kingdom United Kingdom 2005 Yes
Unregistered cohabitation
(1 state) 		Croatia Croatia 2003 No
No recognition
(29 states) 		Albania Albania — No
Armenia Armenia — No
Azerbaijan Azerbaijan — No
Belarus Belarus — No
Bosnia and Herzegovina Bosnia and Herzegovina — No
Bulgaria Bulgaria — Yes
Cyprus Cyprus — Yes
Estonia Estonia — Yes
Georgia (country) Georgia — No
Greece Greece — Yes
Italy Italy — Yes
Kazakhstan Kazakhstan — No
Kosovo Kosovo — No
Latvia Latvia — Yes
Lithuania Lithuania — Yes
North Macedonia Macedonia — No
Malta Malta — Yes
Moldova Moldova — No
Monaco Monaco — No
Montenegro Montenegro — No
Poland Poland — Yes
Romania Romania — Yes
Russia Russia — No
Slovakia Slovakia — Yes
San Marino San Marino — No
Serbia Serbia — No
Turkey Turkey — No
Ukraine Ukraine — No
Vatican City Vatican City — No

Future legislation

Luxembourg and Finland have both confirmed their intention to vote on same-sex marriage bills. Greece and Romania are considering legalization of civil union or registered partnership. The government of Malta plans to introduce unregistered cohabitation. Civil partnership legislation in British crown territory of Jersey has passed in the parliament and now awaits being signing into law.

The government of Luxembourg has confirmed its intention to allow same-sex couples to marry.[1][2] On July 9, 2010, the government accepted the bill for legalization.[3][4][5][6] On August 10, the bill was submitted to the parliament.[7]

In Finland the Minister of Justice, Tuija Brax, has asked the justice ministry to prepare a report on gender-neutral marriage law, paving the way for a bill after parliamentary election 2011. According to her, same-sex marriages could be legal in Finland by 2012.[8]

On September 17, 2010 the minister of Justice of Greece announced that a special committee had been formed to prepare a registered partnership law that would include both same-sex and different-sex couples.

In March 2011, the SLD intends to submit to the Polish Parliament a draft law on “registered relationship”, which will regulate the relationship of same-sex couples. This project has already been prepared.[9] Prime Minister Donald Tusk of the ruling Civic Platform suggested that the matter be got down to following the October parliamentary election.

Debate has occurred throughout the European Union over a proposal which would require each member to legally recognize each other's same-sex marriages as well as any member's civil unions and registered partnerships. Debate on this issue has continued for some time, and has recently[when?] revived.[10][11]

Public opinion

Public support for same-sex marriage from EU member states as measured from a 2006 poll is the greatest in the Netherlands (82%), Sweden (71%), Denmark, (69%), Spain (66%), Belgium (65%), Luxembourg (58%), Finland (54%), Germany (52%) and the Czech Republic (52%).[12] However, other polls have also placed Germany and France between 54% to 65%,[13] the UK at 61%.[14]

After the approval of same-sex marriage in Portugal in January 2010, 52% of the Portuguese population stated that they were in favor of the legislation.[15] In 2008 58% of the Norwegian voters supported the Marriage Act, which was introduced in the same year, and 31 percent were against it.[16] In January 2010 41.0% of Italians respondents supported same-sex marriage.[17]

In Ireland, a 2008 survey revealed 84% of people supported civil unions for same-sex couples (and 58% for same-sex marriage),[18] while a 2010 survey showed 67% supported same-sex marriage[19] by 2011 this figure had risen to 73% in support.[20]

In comparison, support tends to be the lowest from former-Communist states, such as Latvia, Lithuania and Poland (with the exception of the supportive majority atheist Czech Republic, as mentioned above). The average percentage of support for same-sex marriage in the European Union as of 2006 when it had 25 members is 44%, which had descended from a previous percentage of 53%, due to more socially conservative nations joining the EU.[12]

References

  1. ^ Template:Fr icon Le Luxembourg devrait autoriser les mariages homosexuels
  2. ^ Luxembourg Considers Legalizing Gay Marriage and Adoption
  3. ^ Template:Fr icon Conseil de gouvernement Résumé des travaux du 9 juillet 2010
  4. ^ Template:Fr icon Ouverture du mariage aux couples de même sexe et réforme de l'adoption
  5. ^ Template:Fr icon Les gays pourront bientôt se marier et adopter
  6. ^ Is gay marriage on the way for Luxembourg?
  7. ^ Template:Fr Rôle des affaires
  8. ^ "Gender-Neutral Marriage Law Possible by 2012". YLE. 2 July 2010.
  9. ^ "Związki rejestrowane" jak małżeństwo
  10. ^ "365gay.com". 365gay.com. 2009-01-15. Retrieved 2010-11-05.
  11. ^ Committee, Action (2009-01-12). "gayrights.change.org". gayrights.change.org. Retrieved 2010-11-05.
  12. ^ a b "EU Public Opinion: SSM" (PDF). Retrieved 2010-11-05.
  13. ^ "Couples homosexuels: Les Français sont pour l'adoption". Le Journal du Dimanche (in French). 27 June 2008. {{cite news}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  14. ^ Church 'out of touch' as public supports equal rights for homosexuals, The Times, 27 June 2009
  15. ^ "New England's largest GLBT newspaper". Bay Windows. 2010-01-25. Retrieved 2010-11-05.
  16. ^ AVJonathan Tisdall  . "Support for gay marriage - Aftenposten - News in English". Aftenposten.no. Retrieved 2010-11-05.{{cite web}}: CS1 maint: extra punctuation (link)
  17. ^ Template:It icon Eurispes: More and more Italians want to gay unions Eurispes: sempre più Italiani vogliono le unioni gay Arcigay, 29 January 2010
  18. ^ 31/03/2008 - 11:06:13 (2008-03-31). "''Increased support for gay marriage - Survey''". BreakingNews.ie. Retrieved 2010-11-05. {{cite web}}: |author= has numeric name (help)
  19. ^ "Yes to gay marriage and premarital sex: a nation strips off its conservative values". Irish Times. Retrieved 15 September 2010.
  20. ^ http://www.thejournal.ie/nearly-three-quarters-of-irish-people-in-favour-of-gay-marriage-2011-03/?utm_source=shortlink
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