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Colombia has no laws providing for same-sex marriage. However, as a result of subsequent rulings by the country's Constitutional Court that started on February 2007, same-sex couples can apply for all the rights that heterosexual couples have in de facto unions (uniones de hecho).[228][229] On 26 July 2011, the Constitutional Court of Colombia ordered the Congress to pass the legislation giving same-sex couples similar rights to marriage by 20 June 2013. If such a law were not passed by then, same-sex couples would be granted these rights automatically.[230][231] In October 2012 Senator Armando Benedetti introduced a bill legalizing same-sex marriage. It initially only allowed for civil unions, but he amended the text.[232] The Senate's First Committee approved the bill on 4 December 2012.[233][234] On 24 April 2013, the bill was defeated in the full Senate on a 51–17 vote.[235] On July 24, 2013, a civil court judge in Bogotá declared a male same-sex couple legally married, after a ruling on July 11, 2013 accepting the petition. This was the first same-sex couple married in Colombia.[236][237] In September 2013, two civil court judges married two same-sex couples.[238] The first marriage was challenged by a conservative group, and it was initially annulled. Nevertheless, in October a High Court (Tribunal Supremo de Bogotá) maintained the validity of that marriage.[239][240] Germany Main article: Recognition of same-sex unions in Germany Since 1 August 2001, Germany has registered partnerships (Eingetragene Lebenspartnerschaft) for same-sex couples, providing most but not all rights of marriage. 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. Attempts to give equal rights to registered partners or to legalize same-sex marriage have generally been blocked by the CDU/CSU, the main party in government since 2005. All other main parties (SPD, The Greens, The Left and FDP) support full LGBT equality. The Federal Constitutional Court of Germany has however issued various rulings in favor of equal rights for same-sex registered partners (such as joint tax filing benefits), requiring the governing coalition to change the law. India Main article: Recognition of same-sex unions in India Same-sex marriage is not explicitly prohibited under Indian law and at least one couple has had their marriage recognised by the courts.[241] In April 2014 Medha Patkar of the Aam Aadmi Party stated that her party supports the legalisation of same-sex marriage.[242] Ireland Main article: Recognition of same-sex unions in the Republic of Ireland Ireland made civil partnerships for same-sex couples legal in January 2011.[243][244] The present Government of Ireland established a Constitutional Convention in December 2012 tasked with considering wide-ranging changes to the Irish constitution, and one of the issues the Convention will address and make recommendations to the Government on is same-sex marriage.[245] On 14 April 2013 the Convention voted in favour of same-sex marriage by a margin of 79 percent.[246] The Government has pledged to respond publicly to recommendations arising from the Convention and will indicate a date for referendum where it is considered necessary.[247] A 2012 poll revealed that nearly three-quarters of the Irish public favour amending the Irish constitution to allow same-sex couples to legally marry.[248] On 5 November 2013, it was announced that a referendum to legalize same-sex marriage will be held in the first half of 2015.[249] On 16 December 2014, it was confirmed that the referendum will be held in May 2015, with a date yet to be announced.[250] Israel Main article: Same-sex marriage in Israel Israel's High Court of Justice ruled to honor same-sex marriages granted in other countries, in line with its recognition of other civil marriages; Israel does not recognize civil marriages performed under its own jurisdiction. A bill was raised in the Knesset (parliament) to rescind the High Court's ruling, but the Knesset has not advanced the bill since December 2006. A bill to legalize same-sex and interfaith civil marriages was defeated in the Knesset, 39–11, on 16 May 2012.[251] Italy Main article: Recognition of same-sex unions in Italy Notwithstanding a long history of legislative proposals for civil unions, Italy does not recognize any type of same-sex unions. Several regions have formally supported efforts for a national law on civil unions and some municipalities have passed laws providing for civil unions. On 9 April 2014, the Civil Court of Grosseto ordered that a same-sex marriage contracted abroad be recognised in the municipality.[252] The cities of Bologna, Naples and Fano began recognizing same-sex marriages from other jurisdictions in July 2014,[253][254] followed by Empoli, Pordenone, Udine and Trieste in September,[255][256][257] and Florence, Piombino, Milan and Rome in October,[258][259] and by Bagheria in november.[260] Other cities that are considering similar laws include Cagliari, Livorno, Syracuse, Pompei and Treviso.[261] A January 2013 Datamonitor poll found that 54.1% of respondents were in favour of same-sex marriage.[262] A May 2013 Ipsos poll found that 42% of Italians supported allowing same-sex couples to marry and adopt children.[263] An October 2014 Demos poll found that 55% of respondents were in favour of same sex marriage, with 42% against.[264] Malta Main article: Recognition of same-sex unions in Malta Malta has recognized same-sex unions since April 2014, following the enactment of the Civil Unions Bill, first introduced in September 2013. It established civil unions with same rights, responsibilities, and obligations as marriage, including the right of joint adoption and recognition of foreign same sex marriage.[265] Parliament gave final approval to the legislation on 14 April 2014 by a vote of 37 in favour and 30 abstentions. President Marie Louise Coleiro Preca signed it into law on 16 April. The first foreign same sex marriage was registered on 29 April 2014 and the first Civil Unions began on 14 June 2014.[265] Nepal Main article: Same-sex marriage in Nepal In November 2008, Nepal's highest court issued final judgment on matters related to LGBT rights, which included permitting same-sex couples to marry. Same-sex marriage and protection for sexual minorities were to be included in the new Nepalese constitution required to be completed by 31 May 2012.[266][267] However, the legislature was unable to agree on the constitution before the deadline and was dissolved after the Supreme Court ruled that the term could not be extended.[268] Switzerland Main article: Recognition of same-sex unions in Switzerland A same-sex marriage bill is pending[269] in Parliament after the Green Liberal Party of Switzerland, in December 2013, opposed a Christian Democratic People's Party of Switzerland's initiative banning same-sex marriage. In a poll in June 2013 for ifop, 63% approved same-sex marriage.[270] Taiwan Main article: Same-sex marriage in Taiwan On 22 December 2014, a proposed amendment to the Civil Code which would legalize same-sex marriage was due to go under review by the Judiciary Committee. If the amendment passes the committee stage it will then be voted on at the plenary session of the Legislative Yuan in 2015. The amendment, called the marriage equality amendment, would insert neutral terms into the Civil Code replacing ones that imply heterosexual marriage, effectively legalizing same-sex marriage. It would also allow same-sex couples to adopt children. Yu Mei-nu of the Democratic Progressive Party (DPP), who is the convener of the current legislative session, has expressed support for the amendment as have more than 20 other DPP lawmakers as well as two from the Taiwan Solidarity Union and one each from the Kuomintang and the People First Party.[271] Taiwan would become the first country in Asia to legalize same-sex marriage if the Civil Code is amended. Thailand Main article: Same-sex marriage in Thailand A same-sex-marriage bill before the parliament has bipartisan support, but as of April 2014 has been stalled due to the political crisis in the country.[272] In the second half of 2014, reports emerged that a draft bill called the Civil Partnership Act will be submitted to the junta-appointed Thai Parliament.[273] Turkey Main article: Recognition of same-sex unions in Turkey In the process of rewriting the Turkish constitution, the opposition party BDP called for the liberalization of marriage policies to include same-sex marriage. The largest opposition party in the Turkish parliament, CHP, supported the idea. The largest party in the parliament, the AKP, opposes same-sex marriage, although Premier Recep Tayyip Erdoğan, the leader of the AKP, supported full equal rights for LGBT citizens in 2002, the year he launched his party. In response to a request from BDP, a parliamentary discussion of same-sex marriage is anticipated when all political parties gather in committees to establish a new constitution.[274][275] In a poll of Turkish attitudes towards sexuality, 3.6% of Turks supported same-sex marriages.[276] Vietnam Main article: Same-sex marriage in Vietnam In Vietnam, currently only a marriage between a man and a woman is recognized. Vietnam's Ministry of Justice began seeking advice on legalizing same-sex marriage from other governmental and non-governmental organizations in April and May 2012, and planned to further discuss the issue at the National Assembly in Spring 2013.[277] However, in February 2013, the Ministry of Justice requested that the National Assembly avoid action until 2014.[278] At a hearing to discuss marriage law reforms in April 2013, deputy minister of health Nguyen Viet Tien proposed that same-sex marriage be made legal immediately.[279] The Vietnamese government abolished an administrative fine imposed on same-sex weddings in 2013.[280] The policy will be enacted on 11 Nov 2013. The 100,000–500,000 VND ($24USD) fine will be abolished. Although same-sex marriages are not permitted in Vietnam, the policy will decriminalize the relationship, habitual privileges such as household registry, property, child raising, and co-habitual partnerships are recognized.[281] In June 2013, the National Assembly began formal debate on a proposal to establish legal recognition for same-sex marriage.[282] On 24 September 2013, the Government issued the decree abolishing the fines on same-sex marriages. The decree took effect on 11 November 2013.[283][284][285] On 27 May 2014, the National Assembly's Committee for Social Affairs removed the provision giving legal status and some rights to cohabiting same-sex couples from the government's bill to amend the Law on Marriage and Family.[286][287] The bill was approved by the National Assembly on 19 June 2014.[288][289] On 1 January 2015, the 2014 Law on Marriage and Family officially went into effect. It states that while Vietnam allows gay weddings, it will not offer legal recognition or protection to unions between people of the same sex.[290] International organizations The terms of employment of the staff of international organizations (not commercial) in most cases are not governed by the laws of the country where their offices are located. Agreements with the host country safeguard these organizations' impartiality. Despite their relative independence, few organizations recognize same-sex partnerships without condition. The agencies of the United Nations recognize same-sex marriages if and only if the country of citizenship of the employees in question recognizes the marriage.[291] In some cases, these organizations do offer a limited selection of the benefits normally provided to mixed-sex married couples to de facto partners or domestic partners of their staff, but even individuals who have entered into a mixed-sex civil union in their home country are not guaranteed full recognition of this union in all organizations. However, the World Bank does recognize domestic partners.[292] Non-sexual same-sex marriage Several traditional societies in Africa have traditionally allowed non-sexual marriage between two women. These arrangements usually involve one woman taking the role of a man and marrying another woman to secure her inheritance, and are not seen as homosexual. Kenya Main article: LGBT rights in Kenya Female same-sex marriage is practiced among the Gikuyu, Nandi, Kamba, Kipsigis, and to a lesser extent neighboring peoples. Approximately 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.[293] The laws criminalizing homosexuality are generally specific to men, though in 2010 the prime minister called for women to be arrested as well. Nigeria Main article: Same-sex marriage in Nigeria In Nigeria, homosexual activity between men, but not between women, is illegal. In 2006, Nigerian President Olusegun Obasanjo introduced legislation that prohibits same-sex marriages and criminalizes anyone who "performs, witnesses, aids or abets" such ceremonies.[294] 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.[295] Other legally recognized same-sex unions Main article: Civil union Many advocates, such as this 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.[296] Civil union, civil partnership, domestic partnership, registered partnership, unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage and are available to same-sex couples in: Andorra, Australia, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Ecuador, Estonia, Finland, Germany, Gibraltar, Greenland, Hungary, Ireland, Isle of Man, Israel, Jersey, Liechtenstein, Mexico (Campeche, Colima and Jalisco), San Marino, Slovenia, Switzerland, Venezuela (Mérida) and the United Kingdom (Northern Ireland).[297][298] Malta has established civil unions with the same rights and responsibilities as marriage, differing only in name.[299][300] They are also available in parts of the United States (California, Hawaii, Illinois, New Jersey, Nevada, Oregon, and Wisconsin).[301][302] In some countries with these legal recognitions, the actual benefits are minimal. Many people consider civil unions, even those that grant equal rights, inadequate because they create a separate status, and believe they should be replaced by gender-neutral marriage.[303] Issues Parenting Main articles: LGBT parenting and Same-sex marriage and the family 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 couples.[16][17][18][304][305][306] 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.[17][306][307][308] According to scientific literature reviews, there is no evidence to the contrary.[23][309][310][311] Legal status of adoption by same-sex couples around the world. Joint adoption Second-parent adoption LGBT individuals explicitly allowed See file info for questionable cases. Adoption Main article: LGBT adoption Almost all states that allow same-sex-marriage also allow the joint adoption of children by same-sex couples; Portugal has been an exception to this rule since 2010, accompanied by Quintana Roo in Mexico since 2012. In addition, Malta as well as several subnational jurisdictions which do not recognize same-sex marriage nonetheless permit joint adoption by unmarried same-sex couples: Western Australia, Australian Capital Territory, New South Wales, and Tasmania in Australia; Gibraltar, Isle of Man, and Jersey in the United Kingdom, Arkansas in the United States; and in several cases in Israel. Some additional states allow second-parent ('step-child' or 'step-parent') adoption by unmarried same-sex couples: Colombia, Victoria in Australia, as well as Montana and Florida in the United States. Surrogacy and IVF treatment Main article: Assisted reproductive technology A gay or bisexual man has the option of surrogacy, the process in which a woman bears a child for another person through artificial insemination or carries another woman's surgically implanted fertilized egg to birth. A lesbian or bisexual woman has the option of artificial insemination.[312][313] Transgender and intersex people See also: Transgender, Transsexualism, Legal aspects of transsexualism and Gender identity When sex is defined legally, it may be defined by any one of several criteria: the XY sex-determination system, the type of gonads, the type of external sexual features, or the person's social identification. Consequently, both transgender and intersex individuals may be legally categorized into confusing gray areas, and could be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. This could result in long-term marriages, as well as recent same-sex marriages, being overturned. The problems of defining gender by the existence/non-existence of gonads or certain sexual features is complicated by the existence of surgical methods to alter these features. Estimates[314] run as high as one percent of live births exhibiting some degree of sexual ambiguity, and between 0.1% and 0.2% of live births being ambiguous enough to become the subject of specialist medical attention, including sometimes involuntary surgery to address their sexual ambiguity.[315] 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.[316] In the United Kingdom, the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person must dissolve his/her civil partnership before obtaining a gender recognition certificate, 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.[317] 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. In the United States, transgender and intersex marriages typically run into similar complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state,[318] as some of them prohibit legal changes of gender. Divorce Main article: Divorce of same-sex couples Controversies See also: LGBT rights opposition While few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that recognition of same-sex marriages would erode religious freedoms,[319] and that same-sex marriage, while doing good for the couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father.[320] Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships,[321] while others argue that same-sex marriages would provide social benefits to same-sex couples.[322] 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. Religion Main article: Religious views on same-sex marriage Arguments on both sides of the same-sex marriage debate are still often made on religious grounds and/or formulated in terms of religious doctrine.[323] One source of controversy is whether same-sex marriage affects freedom of religion.[319][324][325][326][327] Some religious organizations may refuse to provide employment, public accommodations, adoption services, and other benefits to same-sex couples.[328] Some governments include freedom of religion provisions in marriage equality laws.[329] The world's largest religions vary widely in their views on same-sex marriage. For example, among larger Christian denominations the Roman Catholic Church's official position is to oppose same-sex marriage,[330] as does the Orthodox Church, some Protestant churches, a majority of Muslims,[331] Hindu nationalists, and Orthodox Jews. Buddhism is considered to be ambivalent on the subject as a whole.[332] On the other hand, many churches and denominations, including a number of progressive and liberal Christians,[333] Muslims,[334] Buddhists,[335] Jews, and Hindus, as well as modern Hindu communities[336] and Buddhism in Australia[337] support same-sex marriage. Some smaller religions, as well as groups (religious or not) who embrace humanism, are also considered to be supportive.[338] Terminology Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of the social construct across cultures around the world.[339][340] Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including in more than 30 African cultures, such as the Kikuyu and Nuer.[340][341][342] 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.[343][344] The Oxford English Dictionary has recognized same-sex marriage since 2000.[345] Alan Dershowitz and others have suggested reserving the word marriage for religious contexts as part of privatizing marriage, and in civil and legal contexts using a uniform concept of civil unions, in part to strengthen the separation between church and state.[346] Jennifer Roback Morse, the president of the anti-same-sex marriage group National Organization for Marriage's Ruth Institute project,[347] claims that the conflation of marriage with contractual agreements is a threat to marriage.[348] Some proponents of legal recognition of same-sex marriage, such as Freedom to Marry and Canadians for Equal Marriage, use the terms marriage equality and equal marriage to indicate that they seek equal benefit of marriage laws as opposed to special rights.[349][350] Opponents of same-sex marriage such as The Church of Jesus Christ of Latter-day Saints, the United States Conference of Catholic Bishops, and the Southern Baptist Convention use the term traditional marriage to mean marriages between one man and one woman.[351][352][353] Anti-same-sex-marriage activist Maggie Gallagher argues that equating same-sex and mixed-sex marriages changes the meaning of marriage and its traditions.[354][not in citation given] Some publications that oppose same-sex marriage, such as WorldNetDaily and Baptist Press, have an editorial style policy of placing the word marriage in scare quotes ("marriage") when it is used in reference to same-sex couples.[citation needed] In the United States, the mainstream press has generally abandoned this practice.[355] Cliff Kincaid of the conservative Accuracy in Media argues for use of quotation marks on the grounds that marriage is a legal status denied same-sex couples by most state governments.[356] Same-sex marriage supporters argue that the use of scare quotes is an editorialization that implies illegitimacy.[357] Associated Press style recommends the usages marriage for gays and lesbians or in space-limited headlines gay marriage with no hyphen and no scare quotes. The Associated Press warns that the construct gay marriage can imply that marriages of same-sex couples are somehow legally different from those of mixed-sex couples.[358][359] Judicial and legislative Main article: Conflict of marriage laws § Same-sex marriage There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "majority rules" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.[360] 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.[361] Same-sex marriages in popular culture Same-sex marriages and relationships have been a theme in several fictional story arcs, mythology, cult classics, and video games. Games Same-sex marriage is possible in an increasing number of modern video games including: Fable II,[362] The Elder Scrolls V: Skyrim,[363] Fallout 2,[364] and The Sims 3.[365] Comics In issue #51 of the Astonishing X-Men comic series, the superhero Jean-Paul Beaubier marries his partner Kyle Jinadu, making him the first superhero in a mainstream comic book to have a same-sex marriage.[366] Television Same-sex marriages have also been depicted, usually in a positive light in modern times, in US television shows including The Simpsons, Family Guy, Modern Family, Brothers and Sisters, Queer as Folk, Glee, The New Normal and Marry Me.[367][368] |
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