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Portugal created de facto unions (união de facto in legal European Portuguese) similar to common-law marriage for cohabiting opposite-sex partners in 1999, and extended these unions to same-sex couples in 2001. However, the 2001 extension did not allow for same-sex adoption, either jointly or of stepchildren.[citation needed] On 8 January 2010, the parliament approved—126 votes in favor, 97 against and 7 abstentions—same-sex marriage. The Portuguese president promulgated the law on 8 April 2010 and the law was effective on 5 June 2010, making Portugal the eighth country to legalize nationwide same-sex marriage; however, adoption was still denied for same-sex couples.[citation needed] On 24 February 2012, the parliament rejected two bills allowing same-sex couples to adopt children.[139] However, on 17 May 2013, the Portuguese parliament passed a law allowing same-sex married couples to adopt their partner's children (i.e. stepchild adoption). A law allowing full joint adoption was defeated with a 104–77 vote.[140] Same-sex wedding in South Africa, 2007 South Africa Main article: Same-sex marriage in South Africa Legal recognition of same-sex marriages in South Africa came about as a result of the Constitutional Court's decision in the case of Minister of Home Affairs v Fourie. The court ruled on 1 December 2005 that the existing marriage laws violated the equality clause of the Bill of Rights because they discriminated on the basis of sexual orientation. The court gave Parliament one year to rectify the inequality. The Civil Union Act was passed by the National Assembly on 14 November 2006, by a vote of 230 to 41. It became law on 30 November 2006. South Africa is the fifth country, the first in Africa, and the second outside Europe, to legalize same-sex marriage. Spain Main article: Same-sex marriage in Spain Spain was the third country in the world to legalize same-sex marriage, which has been legal since 3 July 2005, and was supported by the majority of the Spanish people.[141][142] In 2004, the nation's newly elected Socialist government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples.[143] After much debate, the law permitting same-sex marriage was passed by the Cortes Generales (Spain's bicameral parliament) on 30 June 2005. King Juan Carlos, who by law has up to 30 days to decide whether to grant Royal Assent to laws, indirectly showed his approval by signing it on 1 July 2005, the same day it reached his desk. The law was published on 2 July 2005.[144] Sweden Main article: Same-sex marriage in Sweden Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new, gender-neutral law on marriage by the Swedish parliament on 1 April 2009, making Sweden the seventh country in the world to open marriage to same-sex couples nationwide. Marriage replaced Sweden's registered partnerships for same-sex couples. Existing registered partnerships between same-sex couples remained in force with an option to convert them into marriages.[145][146] United Kingdom Main article: Same-sex marriage in the United Kingdom Since 2005 same-sex couples have been allowed to enter into civil partnerships, a separate union providing the legal consequences of marriage. In 2006 the High Court rejected a legal bid by a British lesbian couple who had married in Canada to have their union recognised as a marriage in the UK rather than a civil partnership. In September 2011, the Coalition government announced its intention to introduce same-sex civil marriage in England and Wales by the next general election in May 2015.[147] However, unlike the Scottish Government's Consultation, the UK Government's Consultation for England and Wales did not include provision for religious ceremonies. In May 2012, three religious groups (Quakers, Liberal Judaism and Unitarians) sent a letter to David Cameron, asking that they be allowed to solemnise same-sex weddings.[148] In June 2012 the UK Government completed the Consultation to allow civil marriage for same-sex couples in England and Wales[149] In its response to the Consultation, the Government said that it also intended "...to enable those religious organisations that wish to conduct same-sex marriage ceremonies to do so, on a permissive basis only."[150] In December 2012, the Prime Minister, David Cameron, announced that, whilst he favoured allowing same-sex marriage within a religious context, provision would be made guaranteeing no religious institution would be required to perform such ceremonies.[151] On 5 February 2013, the House of Commons debated the Marriage (Same Sex Couples) Bill, approving it in a 400–175 vote at the second reading.[152] The third reading took place on 21 May 2013, and was approved by 366 votes to 161.[153] On 4 June 2013 the Bill received its second reading in the House of Lords, after a blocking amendment was defeated by 390 votes to 148.[154] On 15 July 2013, the Bill was given a third reading by the House of Lords, meaning that it had been passed, and so it was then returned to Commons for the consideration of Lords' amendments. On 16 July 2013 the Commons accepted all of the Lords' amendments.[155] On 17 July 2013 the bill received Royal Assent becoming the Marriage (Same Sex Couples) Act 2013.[155] The first same-sex marriages took place on 29 March 2014.[156] The Scottish Government conducted a three-month-long consultation which ended on 9 December 2011 and the analysis was published in July 2012.[157] Unlike the consultation held in England and Wales, Scotland considered both civil and religious same-sex marriage. Whilst the Scottish Government is in favour of same-sex marriage, it stated that no religious body would be forced to hold such ceremonies once legislation is enacted.[158] The Scottish Consultation received more than 77,000 responses, and on 27 June 2013 the Government published the Bill.[159] In order to preserve the freedom of both religious groups and individual clergy, the Scottish Government believes it necessary for changes to be made to the Equality Act 2010 and is in communication with the UK Government on this matter; thus, the first same-sex marriages in Scotland are not expected to occur until this has taken place.[160] Although the Scottish bill concerning same-sex marriage had been published, the 'Australian' reported that LGBT rights campaigners, celebrating outside the UK parliament on 15 July 2013 for the clearance of the Marriage (Same Sex Couples) Bill in the House of Lords, declared that they would continue the campaign to extend same-sex marriage rights to both Scotland and Northern Ireland,[161] rather than solely Northern Ireland, where there are no plans to introduce such legislation. On 4 February 2014 the Scottish Parliament overwhelmingly passed legislation legalising same-sex marriage in that country.[162] The bill received Royal Assent as the Marriage and Civil Partnership (Scotland) Act 2014 on 12 March 2014[163][164] The law took effect on 16 December 2014, with the first same-sex weddings occurring for those converting their civil partnerships into marriage.[165][166] Malcolm Brown and Joe Schofield from Tullibody, Central Lowlands, were scheduled to be the first to be declared husband and husband just after midnight on 31 December, following a Humanist ceremony, but they were superseded by couples marrying on 16 December. Nonetheless, Brown and Schofield were married on Hogmanay.[167] United States Main articles: Same-sex marriage in the United States and Same-sex marriage legislation in the United States State laws regarding same-sex marriage in the United States1 Same-sex marriage legal2,3 Same-sex marriage not prohibited or recognized Same-sex marriage ban overturned, decision stayed indefinitely Same-sex marriage banned 1 Native American tribal jurisdictions have laws pertaining to same-sex marriage independent of state law. The federal government recognizes legally performed same-sex marriages, regardless of the current state of residence. 2 Many jurisdictions in Kansas issue marriage licenses to same-sex couples, but same-sex marriage is not recognized by the state government. 3 Same-sex marriages are licensed in three jurisdictions in Missouri, but is only legal in St. Louis. All legal same-sex marriages are recognized by the state government. The state's same-sex marriage ban was overturned, but the decision is stayed indefinitely. v t e A rally at a Unitarian church advocating marriage equality in the state of New Jersey. The blue banner reads "Say 'I Do' to Marriage Equality". On 26 June 2013, the Supreme Court ruled it unconstitutional for the federal government of the United States to deny federal benefits of marriage to married same-sex couples, if it is recognized or performed in a state that allows same-sex marriage.[168] Same-sex couples can legally marry in thirty-six states, as well as in a few other jurisdictions (Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,[169] Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, the District of Columbia, St. Louis (Missouri), and twenty-one Native American tribes), and receive state-level benefits (with the exception of Kansas).[170][171][172][173] Several states offer civil unions or domestic partnerships, granting all or part of the state-level rights and responsibilities of marriage.[174] Fourteen states (Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri (except St. Louis, St. Louis County and Jackson County), Nebraska, North Dakota, Ohio, South Dakota, Tennessee, Texas) and two territories (Puerto Rico, U.S. Virgin Islands) have constitutional restrictions limiting marriage to one man and one woman.[175] There is no specific prohibition of same-sex marriage in American Samoa, Guam and the Northern Mariana Islands, but none of these territories recognize same-sex marriage. The U.S. Congress passed the Defense of Marriage Act (DOMA) in 1996, attempting to define marriage for the first time solely as a union between a man and a woman for all federal purposes, and allowing states to refuse to recognize such marriages created in other states.[176] Citizens for Equal Protection v. Bruning (2005), holding that prohibiting recognition of same-sex relationships violated the Constitution, was overturned on appeal by the U.S. Eighth Circuit Court of Appeals in 2006, which ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States." However this decision no longer has precedential effect after Windsor v. United States,[177] where the Supreme Court, stated that "DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment". The Washington Supreme Court, also in 2006, concluded that encouraging procreation within the framework of marriage can be seen as a legitimate government interest furthered by limiting marriage to between mixed-sex couples.[178] In 2010, the U.S. District Court for Northern California ruled in Perry v. Schwarzenegger that evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry.[179] Since then, eight federal courts have found that DOMA violates the U.S. Constitution in issues including bankruptcy, public employee benefits, estate taxes, and immigration.[180][181][182] Striking down Section 3 of DOMA in Windsor v. United States (2012), the 2nd Circuit Court of Appeals became the first court[183] to hold sexual orientation to be a quasi-suspect classification, and determined that laws that classify people on such basis should be subject to intermediate scrutiny.[184] President Barack Obama announced on 9 May 2012 that "I think same-sex couples should be able to get married".[185][186][187] Obama also supports the full repeal of DOMA,[188] and called the state constitutional bans on same-sex marriage in California (2008)[189] and North Carolina (2012) unnecessary.[190] In 2011, the Obama Administration concluded that DOMA was unconstitutional and directed the U.S. Justice Department (DOJ) to stop defending the law in court.[191] Subsequently, Eric Cantor, Republican majority leader in the U.S. House of Representatives, announced that the House would defend DOMA. The law firm hired to represent the House soon withdrew from defending the law, requiring the House to retain replacement counsel.[192] In the past two decades, public support for same-sex marriage has steadily increased,[33] and polls indicate that more than half of Americans support same-sex marriage.[33][193][194] Voters in Maine, Maryland and Washington approved same-sex marriage by referendum on 6 November 2012.[195] In August 2010, Proposition 8 was found unconstitutional by U.S. District Judge Vaughn Walker. That ruling was appealed and later upheld by a federal appeals court in February 2012. Proposition 8 proponents then appealed to the U.S. Supreme Court, and same-sex couples in California were not allowed to legally marry until the Supreme Court issued an opinion.[196] On 26 June 2013, the Supreme Court in Hollingsworth v. Perry issued an opinion that the appellants did not have standing. As a result, the Ninth Circuit's ruling was vacated, leaving only the district court's order overturning Proposition 8.[197] On 26 June 2013, the U.S. Supreme Court also issued an opinion finding Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional.[198] On October 6, 2014, the U.S. Supreme Court denied review of five writ petitions from decisions of appellate courts finding constitutional right to same-sex marriage.[199] The immediate effect was to increase to 25 the number of states allowing same sex marriage.[200] Supreme Court Justice Ruth Bader Ginsburg officiated at a same-sex wedding during the 2013 Labor Day weekend in what is believed to be a first for a member of the Supreme Court.[201][202] A poll conducted in 2014 showed a record high of 59% of the American people supporting legal recognition for same-sex marriage.[203] Uruguay Main article: Same-sex marriage in Uruguay Uruguay's Chamber of Deputies passed a bill on 12 December 2012, to extend marriage rights to same-sex couples.[204] The Senate passed the bill on 2 April 2013, but with minor amendments. On 10 April 2013, the Chamber of Deputies passed the amended bill by a two-thirds majority (71–22). The president promulgated the law on 3 May 2013 and it took effect on 5 August.[205] National debates Andorra Main article: Recognition of same-sex unions in Andorra On 31 March 2014, the Social Democratic Party introduced the bill to legalize same-sex marriage.[206][207] On 29 May 2014, the bill was rejected by the parliament.[208][209] Australia Main article: Recognition of same-sex unions in Australia Australian federal law currently bans recognition of same-sex marriages. Registered partnerships are available in New South Wales, Tasmania, Queensland and Victoria. From 1 July 2009, Centrelink recognises same-sex couples equally with those who are married regarding social security, whether they are in a registered or de facto relationship.[210] In February 2010, the Greens Senator Sarah Hanson-Young's Marriage Equality Bill was rejected by the Senate.[211] Senator Hanson-Young re-introduced the bill to the Senate in September 2010. The bill will sit on a notice paper until the major parties agree to a conscience vote on it.[212] A Greens motion urging federal MPs to gauge community support for same-sex marriage was passed by the House of Representatives on 18 November 2010.[213] In September 2010, Tasmania became the first Australian state to recognise same-sex marriages performed in other jurisdictions, although only with de facto status.[214] The federal Labor Party government officially changed its position to allow for a conscience vote on same-sex marriage in 2011, despite then-Prime Minister Julia Gillard's opposition to such a vote.[215] The Liberal Party is opposed to same-sex marriage and then-Opposition Leader Tony Abbott said he would block a conscience vote on the issue.[216] On 19 September 2012, a bill before the Australian House of Representatives to legalize same-sex marriage was defeated 42 to 98 votes.[217] In June 2013, as one of his first speeches after returning as Prime Minister, Kevin Rudd made it clear that he was proud to be the first Australian PM to support same-sex marriage, declaring he would consider a plebiscite or referendum on the issue, although he was defeated before he could take this action. After the change of government in September 2013, the Prime Minister is Tony Abbott, who has traditionally opposed same-sex marriage.[218] On 22 October 2013, a bill was passed by the Parliament of the Australian Capital Territory (ACT) legalising same-sex marriage in the ACT. However, the High Court found that the legal change was never valid and an official reversal of the bill was announced on 12 December 2013. The High Court established that such a change to ACT legislation could not operate concurrently with the federal Marriage Act.[219] In November 2014, Senator Leyonhjelm introduced a bill to legalise same-sex marriage in Australia. Tony Abbott, traditionally opposed to same-sex marriage, indicated that he did not think it was suitable timing with the government already having issues in unrelated matters. There was a call by some groups, such as the Greens, for Abbott to allow his MPs a conscience vote on the issue. Austria Main article: Recognition of same-sex unions in Austria On 20 November 2013, the opposition party The Greens introduced a bill in Parliament that would legalise same-sex marriage.[220] It was sent to the Judiciary Committee on 17 December 2013.[221] The bill was supposed to be debated in Autumn 2014.,[222] but was delayed by the ruling coalition. Chile Main article: Recognition of same-sex unions in Chile Michelle Bachelet, the president of Chile, who was elected to a second term in March 2014, has promised to work for the implementation of same-sex marriage and has a majority in both houses of Congress. Previously, she said, "Marriage equality, I believe we have to make it happen."[223] Polling shows majority support for same-sex marriage among Chileans.[224] On 10 December 2014, a group of senators, from various parties, joined LGBT rights group MOVILH (Homosexual Movement of Integration and Liberation) in presenting a bill to allow same-sex marriage and adoption to Congress. MOVILH has been in talks with the Chilean government to seek an amiable solution to the pending marriage lawsuit brought against the state before the Inter-American Court of Human Rights. MOVILH has suggested that they would drop the case if Bachelet's Congress keeps their promise to legislate same-sex marriage.[225] Meanwhile, on 28 January 2015, the National Congress approved a bill recognizing civil unions for same-sex and opposite-sex couples offering some of the rights of marriage. The bill is currently awaiting presidential signature to become law.[226] China Main article: Recognition of same-sex unions in the People's Republic of China The Marriage Law of the People's Republic of China explicitly defines marriage as the union between one man and one woman. No other form of civil union is recognized. The attitude of the Chinese government towards homosexuality is believed to be "three nos": "No approval; no disapproval; no promotion." The Ministry of Health officially removed homosexuality from its list of mental illnesses in 2001. Li Yinhe, a sociologist and sexologist well known in the Chinese gay community, has tried to legalize same-sex marriage several times, including during the National People's Congress in 2000 and 2004 (Legalization for Same-Sex Marriage 《中国同性婚姻合法化》 in 2000 and the Same-Sex Marriage Bill 《中国同性婚姻提案》 in 2004). According to Chinese law, 35 delegates' signatures are needed to make an issue a bill to be discussed in the Congress. Her efforts failed due to lack of support from the delegates. A government spokesperson, when asked about Li Yinhe's proposal, said that same-sex marriage was still too "ahead of its time" for China. He argued that same-sex marriage was not recognized even in many Western countries, which are considered much more liberal in social issues than China.[227] This statement is understood as an implication that the government may consider recognition of same-sex marriage in the long run, but not in the near future. |
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