Same-sex marriage

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The same-sex marriage is a civil marriage in which both partners the same sex have. In addition to marriage, other legal institutions exist in some countries to recognize homosexual couples, particularly in the form of registered partnerships .

The civil law concept of marriage includes a multitude of related rights and obligations, such as inheritance law , contract law and legal representation , custody and (joint) adoption , right of residence , tax law , insurance and, last but not least, the right to a name , for the partners themselves and their children. Same-sex marriage is the focus of the political discussion, in the purely secular legal as well as in the religious context, where there are further distinctions between married and unmarried.

The "marriage for all" or "open marriage" as the introduction is a right to marry for same-sex couples often called, granting equal rights and full legal recognition of same-sex partnerships is part of the state. This is linked to the expectation that it will also help to reduce discrimination against homosexual people in society.

The European part of the Netherlands was the first country to allow same-sex couples to marry in 2001. Currently there is same-sex couples in 28 states ( Argentina , Australia , Belgium , Brazil , Costa Rica , Denmark , Germany , Ecuador , Finland , France , Ireland , Iceland , Canada , Columbia , Luxembourg , Malta , Netherlands, New Zealand , Norway , Austria , Portugal ( Sweden , Spain , South Africa , Taiwan , United States , United Kingdom , Uruguay ) nationwide as well as in another state ( Mexico ) in parts of the country. Efforts are currently being made in other states to give same-sex couples the opportunity to get married. (See also the detailed article Legal situation for same-sex couples . )

Legal situation for same-sex couples
  • Same-sex marriages
  • Legislation or binding court ruling establishing same-sex marriages
  • Recognition of same-sex marriages concluded abroad
  • Other forms of same-sex partnerships
  • Limited legal recognition (partnership documents, etc.)
  • Limited recognition of same-sex marriages concluded abroad (right of residence for spouses)
  • Country is subject to an international court ruling recognizing same-sex marriages
  • No recognition of same-sex partnerships
  • term

    Often the terms “gay marriage”, “ lesbian marriage”, “ gay marriage” and “ homosexual marriage” are used colloquially instead of the term “same-sex marriage” , with the associated restrictions and semantic problems. For example, “gay marriage” can mean both same-sex marriage and registered partnership. Which of the two possibilities is ultimately meant by “gay marriage” can only be deduced from the context with background knowledge. The term “lesbian marriage” does not include male couples. The term “gay marriage” does not include female couples.

    If the extension of marriage from a marriage between a man and a woman to a marriage between two people is to be expressed, one can speak of a "gender- independent marriage " (the right to marry applies to all couples regardless of the sex of the partner) or of an "equal marriage." Marriage ”(all couples are equally entitled to marry) or a“ marriage for all ”(all couples are allowed to marry). These expressions differ from the expression "same-sex marriage" in that they combine different-sex and same-sex marriages under one term, which corresponds to the idea of ​​equal rights for all people.

    Since the French presidential election in 2012 , in which the opening of marriage was a campaign promise made by the winner François Hollande , the expression “marriage for all”, coined by François Hollande («  mariage pour tous  ») more and more established.

    In English it is used as same-sex marriage or gay marriage , in French as mariage gay or mariage homosexuel .

    Countries and regions with same-sex marriage

    The following tables give an overview of those countries and parts of countries in which same-sex couples already have or will soon have the right to civil marriage.

    Countries with the right to same-sex marriage
    country in force decision by Remarks
    1 NetherlandsNetherlands Netherlands Apr 1, 2001 Dec 21, 2000 houses of Parliament
    • In the Caribbean Netherlands , same-sex couples have been able to marry since October 10, 2012.
    • Marriage in the Netherlands can be registered in Aruba , Curaçao and Sint Maarten . Laws that explicitly state that spouses are of opposite sex do not apply to same-sex couples.
    2 BelgiumBelgium Belgium June 1, 2003 Feb 13, 2003 houses of Parliament
    3 SpainSpain Spain July 3, 2005 July 1, 2005 houses of Parliament
    4th CanadaCanada Canada July 20, 2005 July 20, 2005 houses of Parliament
    • Since June 10, 2003, marriage has been opened by court decisions in eight out of ten provinces and one of three territories.
    5 South AfricaSouth Africa South Africa Nov 30, 2006 Nov 28, 2006 houses of Parliament
    6th NorwayNorway Norway Jan. 1, 2009 June 27, 2008 houses of Parliament
    7th SwedenSweden Sweden May 1, 2009 Apr 1, 2009 houses of Parliament
    8th PortugalPortugal Portugal June 5, 2010 May 17, 2010 houses of Parliament
    • Initially, same-sex couples had no right to adopt children. On December 18, 2015, however, a law was passed in parliament giving homosexual couples the right to jointly adopt as well as the right to stepchildren or successive adoption.
    9 IcelandIceland Iceland June 27, 2010 June 11, 2010 houses of Parliament
    10 ArgentinaArgentina Argentina July 22, 2010 July 21, 2010 houses of Parliament
    11 DenmarkDenmark Denmark June 15, 2012 June 12, 2012 houses of Parliament
    12th BrazilBrazil Brazil May 16, 2013 May 14, 2013 dish
    • Since January 6, 2012, marriage has been opened by court decisions in 15 of the 26 states and the federal district.
    13th FranceFrance France May 18, 2013 17th May 2013 houses of Parliament
    14th UruguayUruguay Uruguay Aug 5, 2013 May 3, 2013 houses of Parliament
    15th New ZealandNew Zealand New Zealand 19 Aug 2013 April 19, 2013 houses of Parliament
    • Same-sex marriages are not possible in Tokelau .
    16 LuxembourgLuxembourg Luxembourg Jan. 1, 2015 4th July 2014 houses of Parliament
    17th United StatesUnited States United States June 26, 2015 June 26, 2015 dish
    • Since May 17, 2004, marriage has been opened in 38 of 50 states, the federal district and one of five territories by court decisions or parliamentary resolutions.
    • Same-sex marriages are not permitted in American Samoa .
    18th IrelandIreland Ireland Nov 16, 2015 Oct 29, 2015 houses of Parliament
    • The opening of marriage for same-sex couples was made possible by a referendum on May 22, 2015 , which amended the constitution accordingly.
    19th ColombiaColombia Colombia Apr 28, 2016 Apr 7, 2016 dish
    • In April 2016, the Constitutional Court upheld the immediate nationwide marriage opening in a landmark decision.
    20th FinlandFinland Finland March 1, 2017 Dec 12, 2014 houses of Parliament
    • The opening of the marriage had already been decided in parliament on December 12, 2014. However, since the changeover still took time and a decision had to be made on several objections from the people, the introduction was delayed. On February 17, 2017, the Finnish parliament confirmed the opening of the marriage in the final instance by 120 votes to 48 (with two abstentions).
    21 MaltaMalta Malta Sep 1 2017 July 12, 2017 houses of Parliament
    22nd GermanyGermany Germany Oct. 1, 2017 June 30, 2017 houses of Parliament
    23 AustraliaAustralia Australia Jan. 9, 2018 7th Dec 2017 houses of Parliament
    24 AustriaAustria Austria Jan. 1, 2019 4th Dec 2017 dish
    • The words “different sex” in Section 44 of the General Civil Code (ABGB) and “same-sex couples” in Section 1, “same sex” in Section 2 as well as number 1 of Section 5 (1) in the Federal Law on Registered Partnerships (Registered Partnership Act - EPG), the Constitutional Court (VfGH) repealed as unconstitutional by decision of December 4, 2017 to December 31, 2018. Since January 1, 2019, same-sex marriages as well as different-sex couples have been possible in Austria.
    25th TaiwanRepublic of China (Taiwan) Taiwan May 24, 2019 17th May 2017 houses of Parliament
    • In May 2017, the Constitutional Court in Taiwan ruled that same-sex marriage in Taiwan must be possible within two years. Should a corresponding legal regulation not come about within the time limit, the authorities would still have to treat requests for the marriage of same-sex couples as if they had been made by heterosexual couples.
    26 EcuadorEcuador Ecuador July 8, 2019 June 12, 2019 dish
    27 United KingdomUnited Kingdom United Kingdom Jan. 13, 2020 July 17, 2013, February 4, 2014 and July 9, 2019 houses of Parliament
    • In England and Wales , same-sex couples have been able to marry since March 13, 2014.
    • Same-sex couples have been able to marry in Scotland since December 16, 2014.
    • Same-sex marriages have been possible in Northern Ireland since February 2020.
    28 Costa RicaCosta Rica Costa Rica May 26, 2020 8 Aug 2018 dish
    • In 2018, the court gave the President a period of 18 months to introduce.
    Countries that recognize same-sex marriages abroad
    country in force decision by
    1 IsraelIsrael Israel January 2007 November 21, 2006 dish
    2 EstoniaEstonia Estonia January 2017 dish

    Historical development and initiation initiatives

    Same-sex marriage is a relatively new phenomenon that was only made possible at the beginning of the 21st century. Before that (20th century) there were only registered partnerships , which Denmark was the first country in the world to introduce in 1989. The first country in the world to allow same-sex marriage was the Netherlands in 2001. In the following years, more and more countries were added that introduced registered partnerships or marriage for same-sex couples. In the future, we can expect a significant increase in the number of countries that allow same-sex couples the right to marry. Especially in Europe, Latin America and the rest of the western world , a large number of countries are open to this.

    In this section, geographically sorted according to continents, the historical developments worldwide are described in more detail in those countries in which the right to same-sex marriage either already exists or will soon exist or in which there are at least initiatives to introduce the right to same-sex marriage. If there is neither state recognition in a particular country nor sufficient information on the opinion of the respective population is available, these states are not listed.

    Europe

    Legal situation for same-sex couples in Europe
  • Same-sex marriage
  • Registered partnership
  • Unregistered partnership
  • No recognition
  • Constitutional prohibition of same-sex marriage
  • In Europe, it is currently mainly western and northern European countries where same-sex couples have the right to marry. In many Central European countries, such as Slovenia and Switzerland, same-sex couples are currently only allowed to enter into registered partnerships. However, there have already been and still are some initiatives to introduce same-sex marriages. In Eastern and Southeastern Europe, on the other hand, same-sex partnerships predominantly receive no legal recognition at all; Due to the homophobic population in Eastern and Southeastern Europe compared to the north-west European population, initiatives for the legal equality of same-sex couples in Eastern and Southeastern Europe have a much more difficult time. In summary, both a west-east divide and a north-south divide can be identified with regard to the legal recognition of same-sex couples in Europe.

    In the European Union, in a Member State in which couples can enter into a marriage and / or establish a registered partnership, marriage certificates and partnership documents issued in another Member State are recognized with regard to the free movement of persons. The partner who is not entitled to free movement is entitled to a residence permit. The granting of additional rights is the exclusive competence of the member states.

    Although the European Court of Human Rights (ECHR) has so far not recognized the right of same-sex couples to marry, its case law has developed over the decades towards a friendlier attitude towards same-sex couples. This was most recently made clear in a judgment that dismissed a lawsuit by an Austrian couple who had sued for the right to marry. With the introduction of the registered partnership in Austria (→ registered partnership law (EPG) ) eight years after the filing of the lawsuit, the plaintiffs' main arguments are no longer applicable. At the same time, however, the Court of Justice recognized that the standards of European countries in this area are evolving. He rejected his previous argument, according to which same-sex couples do not have a “ family life ” but only “ private life ”, and found that Art. 8 ECHR (respect for family life ) is compatible with Art. 14 ECHR (prohibition of discrimination) other possible cases could arise in which same-sex couples could invoke Art. 8 ECHR.

    In a 2006 survey within the EU that was in favor of same-sex marriages? there was an average approval rate of 44%. The highest agreement was found in the Netherlands with 82%, followed by Sweden with 71%. Germany was in seventh place with 52% approval, Austria in eighth place with 49%. In Poland, Greece, Bulgaria and Romania, however, the approval rate was below 20%. When asked whether adoptions by same-sex couples are also supported, the values ​​were consistently lower.

    Since then, approval has increased significantly. According to a YouGov survey of January 6, 2013, Sweden and Denmark are in the lead among the seven countries examined with 79% approval each. According to the survey, adoptions by same-sex couples are also supported by a majority in six of the seven countries.

    Albania

    In Albania , same-sex couples have no right to marry.

    On July 29, 2009, then Prime Minister Sali Berisha announced that his government intended to open marriage. No action followed, however, as the government lacked the majority of votes required for marriage to be opened in parliament.

    Andorra

    In Andorra , same-sex couples have no right to marry.

    On March 31, 2014, the Social Democratic Party introduced a bill to open marriage into parliament. On May 29, 2014, however, a majority in parliament voted against opening marriage.

    Belgium

    Same-sex couples have the right to marry in Belgium .

    Belgium became the second country in the world to marry in 2003.

    Same-sex marriage surveys in BelgiumBelgiumBelgium 
    Survey institute date Therefore On the other hand
    Ifop May 29, 2013 71% 29%
    Eurobarometer May / June 2015 77% 20%
    Pew Research Center April – August 2017 82% 10%

    Bulgaria

    In Bulgaria , same-sex couples have no right to marry.

    Article 46 of the Bulgarian Constitution defines marriage as the union between a man and a woman. A constitutional amendment is therefore necessary for the introduction of the right to same-sex marriage.

    In 2012, former Bulgarian Prime Minister Boyko Borisov said that in order to introduce the right to same-sex marriage, society must first show its willingness to do so.

    Same-sex marriage surveys in BulgariaBulgariaBulgaria 
    Survey institute date Therefore On the other hand
    Eurobarometer May / June 2015 17% 68%

    Denmark

    Same-sex couples have the right to marry in Denmark .

    After Denmark was the first country to allow same-sex couples to be officially linked (“registered partnerships”) back in 1989, Parliament voted on June 7, 2012 with a clear majority (85 against 24 votes) for a law that would allow marriage for same-sex couples opens and here also church weddings are legalized. It was introduced by Manu Sareen , Minister for Gender Equality and the Church and Minister for Nordic Cooperation in the government of Prime Minister Helle Thorning-Schmidt . The new regulation, which came into force on June 15, 2012, applies to all members of the Volkskirche . Same-sex marriages will in future also be classified as “marriages” instead of “registered partnerships”. However, pastors can individually oppose homosexual marriages.

    On May 26, 2015, the Greenland Parliament unanimously approved a resolution on participation in the Danish Marriage Act in its current version. The Danish Parliament held the first reading on May 26, 2015 on the draft law applying the current version of the marriage law in Denmark to Greenland. Due to the parliamentary elections in June 2015, the draft law became obsolete and was re-introduced on October 29, 2015. The first reading took place on November 5, 2015. The law on opening marriage in Greenland came into force on April 1, 2016.

    The Parliament of the Faroe Islands approved the introduction of same-sex marriage on April 29, 2016. As a result, in April 2017 the Danish Parliament deleted the article in the marriage law that exempted the Faroe Islands from the validity of same-sex marriage, and on May 3, 2017 the revision of the law was signed by the Queen.

    Same-sex marriage surveys in DenmarkDenmarkDenmark 
    Survey institute date Therefore On the other hand
    YouGov December 27, 2012 79% 16%
    Eurobarometer May / June 2015 87% 9%
    Pew Research Center April – August 2017 86% 9%

    Germany

    In Germany , same-sex couples have the right to marry; On October 1, 2017, a law came into force that allows them to get married. Previously, same-sex couples in Germany could only enter into a registered civil partnership which, compared to civil marriage, has the same obligations but fewer rights. The establishment of new registered civil partnerships is no longer possible since October 1, 2017. Existing partnerships will remain in place.

    Since July 23, 2009, it has been possible, in exceptional cases, that if one partner changes gender in a different-sex marriage, the marriage will continue to exist under German law, even though both partners are then of the same sex. After the deletion of Section 8 (1) No. 2 of the Transsexual Act without replacement, the marriage may continue unimpaired. This comparatively rare case has been cited by proponents of same-sex marriage as an argument for the general opening of marriage; so also in the justification for the law passed on June 30, 2017.

    SPD , Bündnis 90 / Die Grünen , Die Linke and FDP called for civil marriage to be opened up to same-sex couples. The Pirate Party demanded the abolition of civil marriage while at the same time opening the registered civil partnership for couples of different sexes and the opening of the registered civil partnership for more than two people. Sections of the CDU and CSU strictly reject the opening of civil marriage for same-sex couples, want to continue to place same-sex partners in a worse position than married couples and reject any further legal equality between marriage and registered civil partnership.

    In April 2010, the Berlin Senate introduced a motion for a resolution to the Federal Council to open up marriage to same-sex couples. However, this failed due to the resistance of the federal states ruled by the CDU, CSU and FDP. Subsequently, in October 2010, Bündnis 90 / Die Grünen introduced a bill to equate registered partnerships with marriage in the Bundestag . However, this failed in the Bundestag due to resistance from the CDU, CSU and FDP. Several other attempts by the SPD, Bündnis 90 / Die Grünen and the Die Linke party to further equate registered partnerships with marriage or to open up marriage to same-sex couples failed because of the resistance of the black-yellow coalition. The FDP justified its regular voting behavior against the opening of civil marriage and against the equality of registered civil partnerships with the fact that loyalty to the coalition partner CDU / CSU is more important than the legal equality of same-sex couples.

    In June 2011, the state of Hamburg decided, with the votes of the SPD, the Green Alternative List and the Die Linke party, to start a Federal Council initiative to open up marriage to homosexual couples. The CDU and FDP voted against it. On June 29, 2011, Bündnis 90 / Die Grünen introduced a bill to open up marriage to same-sex couples in the Bundestag, which was only supported by Die Linke. On June 28, 2012, a draft law introducing the right to marry for people of the same sex was voted in the Bundestag . With 260 yes votes to 309 no votes, the opening of marriage to same-sex couples was rejected with the votes of the CDU, CSU and FDP. Again the FDP justified its voting behavior with its loyalty to the coalition towards the Union.

    After the 2013 federal election , the SPD, CDU and CSU agreed in their coalition agreement to end existing discrimination against same-sex partnerships. However, they could not agree on an opening up of marriage or complete legal equality of the registered civil partnership with marriage. During the coalition negotiations, Die Linke introduced a bill to open up marriage in the Bundestag on October 23, 2013. The draft law was referred to the Bundestag committees on December 19, 2013 by the plenary session of the Bundestag.

    In June 2015, over 150 prominent people from politics, sport, culture, science and business spoke out in an open letter to the Chancellor in favor of opening up marriage to same-sex couples.

    Judgments of the Federal Constitutional Court

    Article 6 paragraph 1 of the German Basic Law places marriage and the family under the special protection of the state, but the Federal Constitutional Court ruled on July 17, 2002 that the protection of marriage is not at risk if same-sex partners have the same rights:

    "The special protection of marriage in Article 6, Paragraph 1 of the Basic Law does not prevent the legislature from providing rights and obligations for same-sex civil partnerships that are equal to or close to those of marriage."

    On July 7, 2009, the Federal Constitutional Court ruled even more sharply:

    "There is no constitutional justification for inferring from the special protection of marriage that other partnerships are to be structured at a distance from marriage and to be provided with lesser rights."

    On February 19, 2013, the Federal Constitutional Court also made it clear in its ruling on the successive adoption law that same-sex partners with children also constitute a family that is under the special protection of the state under Article 6 Paragraph 1 of the Constitution:

    "If registered life partners live with the biological or adopted child of a life partner in a social-family community, they form a family protected by Article 6, Paragraph 1 of the Basic Law within the meaning of the Basic Law."

    In the justification for the judgment of February 19, 2013, there is also the following statement by the Federal Constitutional Court, which shows that the Federal Constitutional Court regards it as a violation of the principle of equal treatment in Article 3 (1) of the Constitution if same-sex couples are not given exactly the same opportunities for adoption as opposite sex couples:

    "There are no differences between marriage and registered civil partnerships that could justify the unequal design of the adoption options."

    In addition to the rulings mentioned above, there have been four further rulings by the Federal Constitutional Court on the legal equality of same-sex partners in individual legal areas in recent years.

    Each of these equality judgments was preceded by a blockade of the corresponding equality by the CDU, CSU and FDP in the Bundestag (see above), so that the Federal Constitutional Court had to enforce the respective equality by judgment. Federal Chancellor Angela Merkel , CDU and CSU, on the other hand, continued to publicly claim, contrary to the binding case law of the Federal Constitutional Court that has been in force for more than eleven years and cited above, that due to the special protection of marriage and family in Article 6 (1) of the constitution, same-sex partners are not legally allowed Can equate spouses.

    Due to the clear line of case law of the Federal Constitutional Court on the rights of same-sex couples, numerous constitutional law experts are certain that the Federal Constitutional Court would approve the opening of marriage from a constitutional point of view. The CDU, CSU and FDP, on the other hand, claim that a prior constitutional amendment is necessary to open marriage (as of 2013).

    Legal regulation
    First same-sex marriage on October 1, 2017 in the Golden Hall of Schöneberg Town Hall
    Counter-demo on September 15, 2017 in front of the Federal Chancellery: demo for everyone
    Against-Against-Demo on September 15, 2017 in front of the Federal Chancellery: marriage for everyone

    After Bündnis 90 / Die Grünen, FDP and SPD made the opening of marriage for same-sex couples a condition for a coalition after the 2017 federal election in June 2017 , Chancellor Merkel commented at a panel discussion on June 26, 2017 on the question “When may Do I call my friend husband? ”of a participant to the effect that they would like a discussion that“ is more in the direction of a conscientious decision ”. A significant incident for Merkel with regard to the right of adoption for homosexual couples is said to have been a lesbian couple in her constituency who had taken in several foster children . Because if the state gives children to a same-sex couple to care for, they can no longer argue so easily with the question of the child's well-being (as before the 2013 federal election).

    On June 28, 2017, in its last meeting before the summer break, the Bundestag's legal committee approved an initiative of the federal state of Rhineland-Palatinate decided by the Federal Council in 2015 with the votes of the SPD, the Left and the Greens . At the last Bundestag session before the summer break on June 30, 2017, the bill was put on the agenda with the votes of the SPD, the Left and the Greens. In the vote, 393 MPs voted for the bill, 226 against and 4 abstained. The parliamentary groups of the SPD, the Left and the Greens unanimously voted in favor. The majority of the CDU / CSU parliamentary group voted against; only 75 members of the Union out of 304 present - 68 from the CDU (26.9% of all CDU members) and 7 from the CSU (12.5% ​​of all CSU members) - voted in favor. Among the approving CDU MPs were CDU General Secretary Peter Tauber , Chancellery Minister Peter Altmaier , the family-political parliamentary group spokesman Marcus Weinberg and the two former Federal Family Ministers Ursula von der Leyen and Kristina Schröder ; Chancellor Angela Merkel voted against.

    On July 7, 2017, the Federal Council also passed the law passed by the Bundestag. It was an objection law ; the Bavarian state government declared that it would not appeal to the mediation committee . Federal President Steinmeier drafted the law on July 20, 2017. It was announced in the Federal Law Gazette on July 28, 2017 .

    On October 1, 2017, the law introducing the right to marry for persons of the same sex came into force. On March 6, 2018, Bavaria's state government waived a lawsuit before the Federal Constitutional Court.

    Result of the Bundestag vote on June 30, 2017
    Political party Therefore On the other hand abstention
    CDU / CSU 75 225 4th
    SPD 192 0 0
    left 63 0 0
    Green 63 0 0
    Non-attached 0 1 0
    total 393 226 4th
    63.1% 36.3% 0.6%
    Surveys on Same-Sex Marriage in GermanyGermanyGermany 
    Survey institute date Therefore On the other hand
    YouGov 0Jan. 6, 2013 66% 24%
    Ipsos 21st May 2013 67% 20%
    Ifop May 29, 2013 74% 26%
    Emnid 23 Feb 2014 68% 27%
    SUZ Jan. 12, 2017 82.6% 17.4%
    Pew Research Center April – August 2017 75% 23%

    Estonia

    In Estonia , same-sex couples have no right to marry, but there is an option to register a partnership.

    In January 2017, the Tallinn Administrative Court ruled that a same-sex marriage between two men who got married abroad must be recognized in Estonia.

    Same-sex marriage surveys in EstoniaEstoniaEstonia 
    Survey institute date Therefore On the other hand
    ASi September 13, 2012 34% 60%
    EHRC April 10, 2017 39% 52%

    Finland

    Same-sex couples have had the right to marry in Finland since March 1, 2017.

    In September 2013, the organization Tahdon 2013 started a collection of signatures with the aim of introducing a bill to amend the marriage law into parliament through a popular initiative . The activists collected over 160,000 signatures in their campaign.

    The draft was introduced to parliament on December 13, 2013; the first reading took place on February 20, 2014. A vote took place in the Justice Committee on June 25, 2014, in which the draft was rejected by 10 to 6 votes. The report was published on November 20, 2014 with the recommendation to the plenary to reject the bill. In a parliamentary vote on November 28, 2014, however, the report was rejected by 105 votes to 92. The draft law was discussed by the Grand Committee on December 3, 2014 and again by the plenary the following day. On December 12, 2014, the bill was passed in a parliamentary vote with 101 to 90 votes.

    In order for the reformed marriage law to take effect and actually be applied to same-sex couples, framework laws still had to be passed. A corresponding draft law was introduced to parliament on October 15, 2015. The first reading took place on October 22, 2015. On December 11, 2015, the Legal Affairs Committee recommended the adoption of the bill with a few changes. The bill was passed on February 17, 2016 in a parliamentary vote with 106 to 42 votes. The law came into force on March 1, 2017.

    Same-sex marriage surveys in FinlandFinlandFinland 
    Survey institute date Therefore On the other hand
    Taloustutkimus May 13, 2014 65% 27%
    Pew Research Center April – August 2017 64% 26%

    France

    In France , same-sex couples have the right to marry.

    The law allowing same-sex marriage came into effect on May 19, 2013. The first same-sex couple married on May 29, 2013 in Montpellier . Equality Minister Najat Vallaud-Belkacem was present, but not in an official capacity, but as the couple's friend.

    In 2011, the Constitutional Court in Paris ruled that it was not against the Constitution to deny marriage to same-sex couples. At the same time, the legislature is free to decide whether to allow same-sex couples to marry. The conservative government under the head of state Nicolas Sarkozy had always spoken out against it.

    The presidential election in May 2012 was won by François Hollande , who had promised during the election campaign to introduce same-sex marriage. A corresponding draft law, which also included joint adoption rights , was passed by the cabinet in November 2012 and passed in the National Assembly on February 12, 2013 . On April 9, 2013, the members of the Senate , in which the governing parties have a majority , also voted for the introduction of same-sex marriage.

    The other sub-laws, including the joint adoption law, were passed a day later. A second reading of the law in parliament took place in May 2013.

    However, the project caused controversy among the public. As a background, reference was made to the division of the country into supporters and opponents of the monarchy and the rights of the Catholic Church , which has existed since the French Revolution . In January 2013, between 300,000 (according to the police) and 800,000 (according to the demonstrating organization) people demonstrated against the introduction of same-sex marriage. Shortly afterwards, 125,000 (police) / 400,000 (organization) people demonstrated for the introduction of same-sex marriage. Between the votes in the various chambers, there were further protests by opponents of the project, including Another mass demonstration in late March in Paris, which, depending on the source, gathered between 300,000 (police) and 1.4 million (organization) people.

    On February 12, 2013, the National Assembly passed the Law on Opening Marriage and the Right of Same-Sex Couples to Adopt Children by a majority of 329 to 229 votes.

    The bourgeois parties voted almost unanimously against it.

    Result of the vote in the Assemblée nationale on February 12, 2013
    Groupe Per Cons Neutral Voting / total
    Parti socialiste (PS) and associates 283 004th 05 292/295
    Europe Ecologie-Les Verts 017th 000 00 017/ 017
    Parti radical de gauche and associates 013th 002 00 015/ 016
    Union for a Popular Movement (UMP) 003 187 05 195/196
    Nouveau Center and Associates 004th 025th 00 029/ 029
    Parti communiste and associates 009 004th 00 013/ 015
    Others and non-attached 000 007th 00 007/ 007
    total 329 229 10 568/575

    On April 12, the French Senate also approved the law with minor changes with a majority of 171: 165. The modified bill was then re-submitted to the French National Assembly. The law adopted this again on April 23, 2013, this time with a majority of 331: 225 votes.

    Vote on April 23, 2013 in the French Parliament on opening up marriage
    Second reading of the law in the National Assembly on April 23, 2013
    Groupe Per Cons Neutral Voting / total
    Parti socialiste (PS) and associates 281 004th 04th 289/292
    Europe Ecologie-Les Verts 017th 000 00 017/ 017
    Parti radical de gauche and associates 013th 002 00 015/ 016
    Union for a Popular Movement (UMP) 006th 183 05 194/196
    Nouveau Center and Associates 005 025th 00 030/ 030
    Parti communiste and associates 009 004th 01 014/ 015
    Others and non-attached 000 007th 00 007/ 008
    total 331 225 10 566/575

    On May 17, 2013, President François Hollande signed the law (promulgation), and on May 18, it was published in the Journal officiel . Since the law did not specify a specific date of entry into force, it came into force on the day of publication, as is customary in France.

    At the same time, the law modifies French private international law to the effect that a marriage between two persons of the same sex can also be concluded in France if only the law of a state to which one of the two people wishing to marry belongs or in which he is domiciled is the same-sex marriage Couples allowed. According to a judgment of the Cour d'appel de Chambéry on October 22, 2013, this also applies to those willing to marry who belong to a state with which France has concluded a (in principle, priority) bilateral agreement on the law applicable to marriages (such as Morocco ); the highly controversial decision, against which 78 French lawyers protested in an open letter in December 2014, has since been upheld by the highest court by the Cour de cassation .

    Same-sex marriage surveys in FranceFranceFrance 
    Survey institute date Therefore On the other hand
    Ifop May 29, 2013 52% 48%
    BVA April 26, 2014 55% 42%
    Ifop 15th November 2014 68% 32%
    Eurobarometer May / June 2015 67% 31%
    Pew Research Center April – August 2017 73% 23%

    Greece

    In Greece , same-sex couples have no right to marry. On December 23, 2015, the Greek parliament decided to introduce registered civil partnerships for homosexuals.

    In 2008, the organization OLKE, which fights for the rights of gays and lesbians in Greece, discovered that the Greek marriage law only speaks of "persons" and not of opposite sex as a prerequisite for marriage. As a result, the mayor of Tilos , Anastasios Aliferis, entered into same-sex marriages on June 3, 2008. However, these marriages were annulled by Greek courts only a little later.

    Same-sex marriage surveys in GreeceGreeceGreece 
    Survey institute date Therefore On the other hand
    Kapa Research September 20, 2010 39% 52%
    Focus Bari May 12, 2015 56% 35%

    Ireland

    Same-sex couples have the right to marry in Ireland .

    In January 2015, the government introduced a constitutional reform bill to parliament . After the House of Representatives approved the draft on March 11, 2015, it was also adopted by the Senate on March 27, 2015 with 29 votes to 3. Constitutional amendments require not only the consent of parliament but also the consent of the people. A referendum was held on May 22, 2015 and the bill was passed with 62.1%. The President signed the bill on August 29, 2015.

    A government draft bill to amend the Marriage Act to give effect to the constitutional definition of marriage was brought to parliament on September 23, 2015. The House of Representatives approved it on October 7, 2015. The Senate approved on October 22, 2015. The Presidential Commission , representing the President in his absence, signed the bill on October 29, 2015. The law came into effect on November 16, 2015.

    Same-sex marriage surveys in IrelandIrelandIreland 
    Survey institute date Therefore On the other hand
    Red C February 21, 2014 76% 19%
    Pew Research Center April – August 2017 66% 27%

    Iceland

    Same-sex couples have the right to marry in Iceland .

    On June 11, 2010, the Icelandic parliament unanimously approved a law to open marriage. After ratification by the President , it came into force on June 27th.

    Italy

    In Italy , same-sex couples have no right to marry.

    On March 15, 2013, individual MPs introduced two bills to the Senate to open up marriage to same-sex couples . A third draft was submitted on April 5, 2013. The deliberations by the responsible committees began on June 18, 2013.

    In February 2015, the Supreme Court ruled that a right to same-sex marriage cannot be derived from the constitution. In February 2016 the Italian Senate and in May of the same year the Chamber of Deputies voted to introduce registered partnerships. Same-sex couples are thus inter alia. Equal to married couples in naming law, inheritance law and receiving social benefits.

    Same-sex marriage surveys in ItalyItalyItaly 
    Survey institute date Therefore On the other hand
    Ifop May 29, 2013 42% 58%
    Demos October 14, 2014 55% 42%
    Eurobarometer May / June 2015 55% 35%
    Pew Research Center April – August 2017 59% 38%

    Croatia

    In Croatia , same-sex couples have no right to marry.

    Since August 5, 2014, same-sex couples have had the option of establishing a registered civil partnership with the same obligations and rights as civil marriage. The only exception is the adoption of children. However, the so-called partnership guardian is similar to stepchild adoption.

    On December 1, 2013, in a referendum initiated by the organization “In the Name of the Family”, around two thirds of voters voted for and around one third against the constitutional definition of marriage as a union of man and woman. Almost 38% of the Croatian population eligible to vote took part in this referendum.

    Same-sex marriage surveys in CroatiaCroatiaCroatia 
    Survey institute date Therefore On the other hand
    Pilar's barometer 4th June 2014 17% 61%
    Eurobarometer May / June 2015 37% 54%

    Liechtenstein

    In Liechtenstein , same-sex couples have no right to marry. However, same-sex couples have the right to register their partnership.

    Luxembourg

    Same-sex couples have the right to marry in Luxembourg .

    On June 18, 2014, the Luxembourg Parliament decided to open marriage with 56 votes in favor and 4 against. All governing parties as well as the Christian-Democratic opposition party voted in favor of opening marriage.

    Same-sex marriage surveys in LuxembourgLuxembourgLuxembourg 
    Survey institute date Therefore On the other hand
    Politmonitor March 10, 2013 82% 17%

    Malta

    Same-sex couples have the right to marry in Malta .

    On July 12, 2017, the Maltese Parliament passed a law opening up marriage to gay and lesbian couples.

    Same-sex marriage surveys in MaltaMaltaMalta 
    Survey institute date Therefore On the other hand
    MaltaToday 5th June 2012 46% 51%
    Eurobarometer May / June 2015 65% 29%

    Netherlands

    In the Netherlands and its three Special Municipalities in the Caribbean , same-sex couples have the right to marry. In the Caribbean countries of the Kingdom - Aruba , Curaçao and Sint Maarten - same-sex marriage cannot be entered into, but marriages entered into within the Kingdom must be recognized according to a court ruling by the High Council in 2007.

    The Netherlands was the first country in the world to open marriage with the Wet openstelling huwelijk law of December 21, 2000. The bill was proposed during the second legislative period of the "violet cabinet" consisting of PvdA , VVD and D66 . In both chambers of the States General , the SP and GroenLinks also voted in favor and the Christian parties CDA , RPF / GPV and SGP against. In the Second Chamber , however, three CDA members voted for and one PvdA member against the draft. The law came into force on April 1, 2001. For the special municipalities, it was decided in 2010 that same-sex marriage should also apply there after the dissolution of the Netherlands Antilles . A corresponding law was passed in the same year and came into force on October 10, 2012.

    Same-sex marriage surveys in the NetherlandsNetherlandsNetherlands 
    Survey institute date Therefore On the other hand
    Ifop May 29, 2013 85% 15%
    Eurobarometer May / June 2015 91% 7%
    Pew Research Center April – August 2017 86% 10%

    Norway

    Same-sex couples have the right to marry in Norway .

    On June 11, 2008, the Norwegian Parliament passed a law opening up marriage to homosexual couples, which came into force on January 1, 2009.

    On January 30, 2017, the general synod of the Lutheran People's Church ( Norske Kirke ) decided on a liturgy for the church wedding of same-sex couples.

    Same-sex marriage surveys in NorwayNorwayNorway 
    Survey institute date Therefore On the other hand
    Ipsos June 18, 2013 78% 17%
    Pew Research Center April – August 2017 72% 19%

    Austria

    In Austria , same-sex couples had no right to marry until the end of 2018, with the exception of five same-sex couples who were right with an appeal to the Constitutional Court . The marriage of a lesbian couple on October 12, 2018 is considered to be the first same-sex marriage in Austria.

    On November 20, 2013, the party The Greens - The Green Alternative introduced a bill to open up marriage for same-sex couples to the National Council. The first reading took place on December 17, 2013. Following the first reading, the draft was forwarded to the Justice Committee, which temporarily suspended further deliberations on June 25, 2014. On June 12, 2014, the NEOS - The New Austria and Liberal Forum party introduced a bill to the National Council. The first reading took place on September 24, 2014.

    A motion for a resolution by the party The Greens - The Green Alternative was rejected by the National Council on June 18, 2015 with 110 to 26 votes. On June 29, 2017 - after the ÖVP under Sebastian Kurz had terminated the coalition with the SPÖ - the NEOS proposal was also put to the vote. He was supported by the SPÖ , the Greens and NEOS. However, since all MPs from the ÖVP , the FPÖ and the Stronach team voted against the request, same-sex marriage again failed to find a majority in Austria.

    On October 17, 2017, the Austrian Constitutional Court announced that it was examining “marriage for all”, since a differentiation between registered partnership and marriage may be an inadmissible discrimination against people of same-sex sexual orientation. With a ruling dated December 4, 2017, the Supreme Court lifted the statutory rules on December 31, 2018, which previously denied same-sex couples access to marriage, and at the same time also those regulations that blocked couples of different sexes from access to the registered partnership. The "marriage for all" came into force on January 1st, 2019. As the first same-sex couple after the opening of "marriage for everyone", two women married on January 1st, 2019 at 12:05 am in Velden am Wörther See . Since August 1, 2019, same-sex couples whose partner comes from a country in which same-sex marriage is not possible can marry in Austria.

    Surveys on same-sex marriage in AustriaAustriaAustria 
    Survey institute date Therefore On the other hand
    Market Institute Linz 3rd November 2013 61% 33%
    Market / ORF May 21, 2014 73% 24%
    Eurobarometer May / June 2015 71% 23%
    Pew Research Center April – August 2017 72% 25%

    Poland

    In Poland , same-sex couples have no right to marry. They are also not open to any other legal institutions such as registered partnerships.

    Article 18, which was incorporated into the constitution of April 2, 1997 at the initiative of the then Senate Marshal Alicja Grześkowiak, has the following wording:

    "Małżeństwo jako związek kobiety i mężczyzny, rodzina, macierzyństwo i rodzicielstwo znajdują się pod ochroną i opieką Rzeczypospolitej Polskiej."

    "Marriage as a connection between woman and man, family, motherhood and parental rights are under the protection and custody of the Republic of Poland."

    The prevailing opinion in political discourse is that this article defines marriage as the union of women and men and at most allows the introduction of registered partnerships. A dissenting opinion, most prominently represented by the former commissioner for civil rights , chief administrative judge and constitutional judge Ewa Łętowska , as well as the Warsaw law professor Michał Pietrzak, is that, following the semantics of the sentence, the constitution only provides the special protection of marriages as a connection between women and men Man justifies and does not guarantee any special protection of marriages that are not a connection between woman and man, but in no way prohibits them, so that they can be introduced by a simple law.

    For marriages concluded abroad, Polish citizens need to convert the foreign marriage certificate into a Polish marriage certificate in order to be able to use the changed family name in identification documents. According to the case law of the Naczelny Sąd Administracyjny (Supreme Administrative Court, AZ II OSK 1298/13 of December 17, 2014 and AZ II OSK 1112/16 of February 28, 2018), no Polish documents may be drawn up for same-sex marriages concluded abroad, as this is contrary to public policy . Same-sex marriages concluded abroad are considered null and void ex tunc .

    Same-sex marriage surveys in PolandPolandPoland 
    Survey institute date Therefore On the other hand
    CBOS April 2001 24% 69%
    CBOS July 2005 22% 72%
    CBOS May 2008 18% 76%
    CBOS April 2010 16% 78%
    CBOS October 9, 2013 30% n / a
    Eurobarometer May / June 2015 28% 61%
    IPSOS June 26, 2017 38% 57%
    IPSOS February 25, 2019 41% 54%
    IBRiS December 09, 2019 28.2% 64.6%

    Portugal

    Same-sex couples have the right to marry in Portugal .

    In October 2008 the socialist party Bloco de Esquerda introduced a law to open marriage. However, the proposal was rejected in Parliament.

    In March 2009, the Portuguese government announced that it would support the opening of marriage if it were re-elected in the autumn.

    On December 17, 2009, it became known that the then government of Portugal had prepared a bill to make same-sex marriages possible.

    On January 8, 2010 in first reading and on February 12, 2010 in second reading, the Parliament in Lisbon adopted the law. The current version of the bill provides for an opening of civil marriage for gays and lesbians, but still excludes the same right of adoption as for heterosexual couples.

    In mid-March 2010, President Aníbal Cavaco Silva submitted the draft law to the Constitutional Court and sent four of five articles of the law to the Portuguese Constitutional Court for review because of possible unconstitutionality. He only had the article that is supposed to exclude adoption for same-sex marriage not checked constitutionally.

    On April 9, 2010, the Constitutional Court declared the articles submitted to be constitutional and on May 17, the law was signed by President Silva.

    It came into force on May 31, 2010 after it was published in the Official Journal.

    Meanwhile, a lesbian couple had failed before the country's constitutional court. It opened proceedings in July 2007 to sue for the opening of the marriage. In 2004, a ban on discrimination based on sexual orientation was added to the constitution.

    Same-sex marriage surveys in PortugalPortugalPortugal 
    Survey institute date Therefore On the other hand
    Eurosondagem January 11, 2010 45.5% 49.5%
    Eurobarometer May / June 2015 61% 33%
    Pew Research Center April – August 2017 59% 28%

    Romania

    Although the Romanian Constitution does not define marriage exclusively as the union of a man and a woman, the law only speaks of marriages between a man and a woman.

    see: Constitutional referendum in Romania 2018 On October 6th and 7th, 2018, the population voted on anchoring the prohibition of same-sex marriage in the constitution, for which the "Coalition for the Family" had collected almost three million signatures. Since at least 30% of all eligible voters have to take part in the referendum for a referendum to be valid, this clearly failed because of the participation of only 20.41%. However, the low turnout could also be related to the fact that the social-liberal government was accused of only trying to use this referendum to divert attention from the dispute over planned changes in criminal law that would benefit politicians suspected of being corrupt.

    Same-sex marriage surveys in RomaniaRomaniaRomania 
    Survey institute date Therefore On the other hand
    Eurobarometer May / June 2015 21% 71%

    Sweden

    Same-sex couples have the right to marry in Sweden .

    A corresponding resolution by the Reichstag came into force on May 1, 2009. With the exception of the Christian Democrats , the parties represented in the Reichstag were in favor of the change in the marriage law. On April 1, 2009, parliament approved the law with 261 votes to 22.

    In Sweden, marriage can also be legally concluded in the church. Therefore a resolution by the Evangelical Lutheran Church of Sweden was necessary. The Church had previously advocated the rights of same-sex couples, and the blessing of a registered partnership was also possible. In October 2009, a majority (176 votes in favor, 62 against, 11 abstentions) in the church parliament voted in favor of opening up church marriage to same-sex couples who have been able to marry in every parish since November 1, 2009.

    Same-sex marriage surveys in SwedenSwedenSweden 
    Survey institute date Therefore On the other hand
    Ipsos June 18, 2013 81% 14%
    Eurobarometer May / June 2015 90% 7%
    Pew Research Center April – August 2017 88% 7%

    Switzerland

    In December 2020, the Swiss parliament decided to give same-sex couples the right to marry; However, the law is still subject to a referendum (see below). The possibility of a registered partnership has existed since January 1, 2007. However, since 2005 it has been possible for two people of different sexes to continue a marriage according to current case law in Switzerland, provided that one partner changes his sex and is legally from a married couple of different sexes becomes a same-sex couple.

    On December 5, 2013, the Green Liberal Party introduced a parliamentary initiative to open up marriage to same-sex couples while at the same time opening the registered partnership to different-sex couples. The judicial commissions of both councils of the Federal Assembly recommended the adoption of the proposed law in 2015. Due to the need to clarify the possible effects of a “marriage for all” in the various legal areas, the National Council extended the deadline for the initiative to be dealt with until 2019.

    In July 2018, the Legal Commission of the National Council (RK-N) decided with 16 to 9 votes to implement marriage for all without constitutional amendment and to do this in two stages: By February 2019, the administration should work out a first amendment to the law that contains the essential elements for Regulates the opening of marriage, including civil rights and access to adoption. In a second stage, further questions such as access to reproductive medicine , the regulation of survivors' pensions and the right of parentage are to be regulated. On March 14, 2019, the RK-N submitted the first submission for consultation by June 21, 2019. The draft law also provides for access to sperm donation for same-sex female couples as a variant.

    The opening of marriage was supported by the SP , the FDP , the Greens , the GLP , the BDP and a majority of the CVP in 2019 , but was rejected by the SVP . As recently as 2012, the CVP had submitted the federal popular initiative “For marriage and family - against the marriage penalty” , which among other things. would define marriage in the federal constitution as a partnership between a man and a woman. The proposal was rejected in February 2016, but the vote must be repeated after a Federal Supreme Court ruling in April 2019, provided that the initiators do not withdraw the proposal.

    On December 18, 2020, the Federal Assembly approved an amendment to the civil code in the final vote that opens marriage to same-sex couples and enables lesbian couples to have medically assisted procreation. The Council of States accepted the bill with 24 votes against 11, the National Council with 136 against 48 votes. The proposal was rejected by three-quarters of the SVP parliamentary group and half of the CVP and middle parliamentary groups and supported by the other parties. The right-wing conservative party EDU announced a referendum against the law. The law can therefore only come into force after the referendum period has expired and after a possible referendum.

    Surveys on same-sex marriage in SwitzerlandSwitzerlandSwitzerland 
    Survey institute date Therefore On the other hand
    Ifop May 29, 2013 63% 37%
    Tamedia December 2017 72% 25%
    Pew Research Center April – August 2017 75% 24%
    Tamedia February 2020 61% 36%
    gfs-zurich Fall 2020 82% 18%

    Slovakia

    In Slovakia , same-sex couples have no right to marry.

    On June 4, 2014, the Slovak parliament decided to forbid same-sex marriage in the constitution . 102 MPs voted for the constitutional amendment, 18 were against. The constitutional amendment establishes marriage in the constitution as a union between men and women and was drafted by the ruling social democratic party Smer-SD of Prime Minister Robert Fico in cooperation with the country's largest opposition party, the Catholic-conservative KDH . The two parties wanted to avoid a public debate and from May 2014 to the beginning of June 2014 always discussed the constitutional amendment behind closed doors. A public hearing did not take place. A copy of the decision was only given to representatives of other parties a few hours before the debate in a parliamentary committee.

    Same-sex marriage surveys in SlovakiaSlovakiaSlovakia 
    Survey institute date Therefore On the other hand
    Eurobarometer May / June 2015 24% 69%

    Slovenia

    In Slovenia , same-sex couples have no right to marry. The registered partnership is similar to marriage, except for the joint right of adoption and the right to artificial insemination.

    On December 15, 2014, a bill to open marriage to same-sex couples was introduced into parliament. The first reading took place on January 16, 2015. On February 10, 2015, the Committee on Labor, Family, Social Affairs and the Disabled recommended that the draft be adopted. The State Assembly approved the second reading on March 3, 2015 with 51 to 28 votes. On March 10, 2015, the State Council voted 23 to 14 not to veto.

    To get a referendum, 40,000 signatures have to be collected within 35 days. An application to carry out a signature campaign was brought to parliament on March 10, 2015. On March 23, 2015, the citizens' initiative for family and children's rights started a petition, which should be concluded on April 26, 2015. Also on March 23, 2015, a group of 23 MPs submitted a resolution to the National Assembly with the aim of preventing a referendum. This resolution was passed on March 26, 2015 by 53 votes to 21. The signature campaign that had started was thus prematurely terminated.

    The Constitutional Court ruled on October 22, 2015 that the parliament had exceeded its powers with the decision to declare any referendum unconstitutional. The authority to decide whether a referendum violates Article 90 of the Constitution rests solely with the Constitutional Court. However, it can only pronounce such a judgment after a referendum has taken place. In the referendum held on December 20, 2015 , around 63% of those who voted were against the law, and the required quorum of 342,800 votes against was also achieved.

    On February 24, 2017, a law came into force that puts same-sex partnerships almost on an equal footing with marriage. The law was passed ten months earlier and gives largely the same rights as mixed-sex couples. The adoption of children from a previous partnership is possible, but not the adoption of other children.

    Same-sex marriage surveys in SloveniaSloveniaSlovenia 
    Survey institute date Therefore On the other hand
    Delo Stik February 16, 2015 59% 37%

    Spain

    Vote on June 30, 2005 in the Spanish Parliament on the opening of marriage
    Family or stud book from Spain from 2006, provided for in both lines “Mr / Ms”

    Same-sex couples have the right to marry in Spain .

    In April 2004, the then newly elected Spanish government , led by the Spanish Socialist Workers' Party (PSOE) and Prime Minister José Luis Rodríguez Zapatero , launched a campaign and legislative proposal for the opening of marriage and full adoption rights for same-sex couples. The Spanish government's plan met with fierce opposition from the Roman Catholic Church , which accused the Spanish government of launching an attack on the Church and traditional values, weakening and damaging marriage and the family, making people unhappy and improving their welfare endanger the whole of society. The Roman Catholic Church urged believers in Spain to resist the proposed law. Throughout the country there were mass protests with thousands of people against the bill, but also demonstrations for the bill. According to a poll conducted in June 2005, 75% of Spaniards believed that the Church had lost touch with social reality, and 66% of Spaniards were in favor and only 26% against opening up marriage.

    On June 30, 2005, the Spanish Parliament finally passed 187 votes in favor, 147 against and 4 abstentions to introduce the right to marry same-sex couples. Three days later, on July 3, 2005, the law came into force and same-sex couples have since been allowed to marry and adopt children in Spain.

    The conservative opposition in the form of the Spanish People's Party (PP) filed a lawsuit against the new marriage law in the Spanish Constitutional Court on September 30, 2005 . In October 2005 the Constitutional Court decided to examine the lawsuit, but ruled a good seven years later, in November 2012, that it is not against the constitution for same-sex couples to also have the right to marry and the right to adopt children.

    On June 27, 2007, the Spanish Ministry of Justice announced that 3,340 couples had married in the two years since the law was introduced. In fact, this number could be three times higher because the data from the non-computerized municipalities and those from the Autonomous Community of the Basque Country could not be taken into account. According to the ministry, of these 3,340 marriages, 2,375 were between men and 965 were between women. Madrid is the autonomous region where the highest number has been registered (1,060), followed by Catalonia (871), Andalusia (399), Valencia (263), Balearic Islands (116), Asturias (101), Castile and Leon, ( 89); Aragon (86), Canary Islands (83), Murcia (61), Castile – La Mancha (56), Extremadura (54), Galicia (31), Cantabria (28), Navarra (25) and La Rioja (13).

    Same-sex marriage surveys in SpainSpainSpain 
    Survey institute date Therefore On the other hand
    Ifop May 29, 2013 71% 29%
    Eurobarometer May / June 2015 84% 10%
    Pew Research Center April – August 2017 77% 13%

    Czech Republic

    In the Czech Republic , same-sex couples have no right to marry. However, same-sex couples have the option of registering their partnership.

    Same-sex marriage surveys in the Czech RepublicCzech RepublicCzech Republic 
    Survey institute date Therefore On the other hand
    CVVM June 9, 2014 45% 48%
    Eurobarometer May / June 2015 57% 36%
    Median February 2018 75% 19%

    Hungary

    In Hungary , same-sex couples have no right to marry. However, same-sex couples have the right to register their partnership.

    Since January 1, 2012, marriage has been explicitly defined in the Hungarian constitution as a union between a man and a woman. A constitutional amendment is therefore necessary for the introduction of the right to same-sex marriage in Hungary.

    On June 29, 2015, the opposition party Magyar Liberális Párt introduced bills to amend the marriage law and the constitution in parliament.

    Same-sex marriage surveys in HungaryHungaryHungary 
    Survey institute date Therefore On the other hand
    Eurobarometer May / June 2015 39% 53%

    United Kingdom

    In the UK, same-sex couples have the right to marry.

    In September 2011, UK Gender Equality Secretary Lynne Featherstone announced that marriage would be opened in the UK within the next four years. In March 2012, Featherstone presented the draft law on the opening of marriage for England and Wales to the public, which was clearly approved on February 5, 2013 in the House of Commons with 400 votes to 175. On June 4, 2013, the British House of Lords also approved the bill, after which the new law was signed by the Queen on July 17, 2013. The articles of the law come into force gradually. The marriage law article came into effect on March 13, 2014.

    The Scottish Parliament decided to introduce same-sex marriage on February 4th, 2014. The law came into force on December 16, 2014. Same-sex marriage was allowed on the Isle of Man in April 2016 . Most recently, same-sex marriage was legalized in Northern Ireland on October 22, 2019; the law came into force on January 13, 2020.

    Same-sex marriage surveys in the UKUnited KingdomUnited Kingdom 
    Survey institute date Therefore On the other hand
    BBC Radio 5 March 28, 2014 68% 26%
    Pew Research Center April – August 2017 77% 20%

    Cyprus

    In Cyprus , same-sex couples have no right to marry. However, same-sex couples have the right to register their partnership.

    Same-sex marriage surveys in CyprusCyprus RepublicRepublic of cyprus 
    Survey institute date Therefore On the other hand
    SIGMALIVE 17th February 2014 39% 58%

    America

    Legal situation for same-sex couples in North America
  • Same-sex marriage
  • Recognition of foreign same-sex marriages
  • The court decision on the lifting of the constitutional and legal prohibitions on same-sex marriage is being contested.
  • Legal situation for same-sex couples in South America
  • Same-sex marriage
  • Registered partnership
  • No recognition
  • Constitutional prohibition of same-sex marriages
  • Homosexual acts illegal
  • In many states on the continent of America , the issue of opening marriage to homosexual couples is discussed. A total of seven countries (Canada, Argentina, Brazil, Ecuador, Uruguay, the United States, and Colombia) and some states in Mexico have legalized same-sex marriage so far .

    On January 9, 2018, the Inter-American Court of Human Rights ruled that same-sex marriage is a human right. Because of this legally binding decision, Costa Rica was also forced to introduce same-sex marriage within 18 months - it was legalized on May 26, 2020. The court's decision will also facilitate the legalization of same-sex marriage in several American countries: Barbados , Bolivia , Chile , the Dominican Republic , El Salvador , Guatemala , Haiti , Honduras , Mexico , Nicaragua , Panama , Paraguay , Peru and Suriname .

    Argentina

    In Argentina , same-sex couples have the right to marry.

    On November 16, 2009, the first same-sex couple received a marriage certificate in the capital, Buenos Aires , after they had successfully sued in court and the city waived an appeal. The actual wedding was postponed a little later by another court, but at the end of December the couple still had the opportunity to legally enter into the marriage in the city of Ushuaia in the province of Tierra del Fuego . This is the first same-sex marriage in Latin America.

    In May 2010 the Argentine Parliament and in July 2010 the Argentine Senate endorsed a law to open marriage nationwide.

    In February 2017, the Catholic Church in Argentina distanced itself from the local scout movement because it had previously replaced the phrase “marriage as a bond between man and woman” with “... as a bond between two people” in its textbooks. A point has been reached here where there is “no going back”.

    Bermuda

    On May 5, 2017, the British overseas territory of Bermuda opened marriage to same-sex couples by order of the Supreme Court. A few months later, the regulation was reversed by law.

    Brazil

    Same-sex couples have the right to marry in Brazil .

    In Brazil , the opening of marriage has been discussed in parliament since 2011. 171 MPs and senators led by the socialist Jean Wyllys , the country's first self-confessed gay parliamentarian, had launched an initiative to open up marriage and to end discrimination against gays and lesbians. On October 25, 2011, the Brasília Supreme Court ruled to grant same-sex marriage to a lesbian couple.

    On May 14, 2013, the National Council of Justice (Conselho Nacional de Justiça) announced that same-sex couples have the right to marry nationwide. The decision came into effect on May 16, 2013. The authorities were instructed by the court not to deny same-sex couples the right to marry.

    Before marriages were opened across the country, there were already marriages opened by court decisions in numerous parts of Brazil, as the following table shows.

    Historical development of the right to same-sex marriage
    in parts of Brazil before marriage throughout the country BrazilBrazil 
    Sub-area Type in force decision
    1 Alagoas State January 6, 2012 January 6, 2012
    2 Sergipe State July 15, 2012 5th July 2012
    3 Espírito Santo State August 15, 2012 August 15, 2012
    4th Bahia State November 26, 2012 4th October 2012
    5 Federal District do Brasil Federal District December 1, 2012 December 1, 2012
    6th Piauí State 17th December 2012 December 14, 2012
    7th São Paulo State December 20, 2012 December 18, 2012
    8th Ceará State 15 March 2013 March 7, 2013
    9 Mato Grosso do Sul State 2nd April 2013 March 25.2013
    10 Paraná State April 3, 2013 March 26, 2013
    11 Rio de Janeiro State April 19, 2013 April 18, 2013
    12th Rondônia State April 26, 2013 April 26, 2013
    13th Santa Catarina State April 29, 2013 April 29, 2013
    14th Paraíba State April 29, 2013 April 29, 2013

    Chile

    In Chile , same-sex couples have no right to marry.

    In December 2014, a bill to open up marriage to same-sex couples was introduced into parliament.

    In 2012 a lawsuit was filed with the Inter-American Commission on Human Rights. In February 2015, the government announced that it did not want to defend the current marriage law.

    Costa Rica

    Costa Rica introduced same-sex marriage on May 26, 2020. A year and a half earlier, the Inter-American Court of Human Rights ruled that same-sex marriage was a human right. Because of this legally binding decision, the Costa Rican government was also forced to legalize same-sex marriage within 18 months. In August 2018, the Constitutional Court of Costa Rica (Corte Suprema de Justicia) ruled that same-sex marriage must be allowed by law by February 2020. President Carlos Alvarado Quesada welcomed this judgment at the time.

    Ecuador

    In Ecuador , the Constitutional Court voted in June 2019 to legalize marriage for same-sex couples.

    Falkland Islands

    In March 2017, same-sex marriage was made possible by a parliamentary resolution in the British overseas territory of the Falkland Islands .

    Canada

    Mathieu Chantelois and Marcelo Gomez married in Toronto, one of the first same-sex marriages in Canada

    Same-sex couples have the right to marry in Canada .

    Law Bill C-38 was passed in the House of Commons on June 28, 2005 and in the Senate of Canada on July 19, 2005. The law came into effect on July 20, 2005.

    Before marriages were opened across the country, marriages were opened by court rulings in many parts of Canada, as the following table shows.

    Historical development of the right to same-sex marriage
    in parts of Canada before marriage throughout the country CanadaCanada 
    Sub-area Type in force decision by
    1 Ontario province June 10, 2003 June 10, 2003 dish
    2 British Columbia province July 8, 2003 July 8, 2003 dish
    3 Quebec province March 19, 2004 March 19, 2004 dish
    4th Yukon territory July 14, 2004 July 14, 2004 dish
    5 Manitoba province September 16, 2004 September 16, 2004 dish
    6th Nova Scotia province September 24, 2004 September 24, 2004 dish
    7th Saskatchewan province November 5, 2004 November 5, 2004 dish
    8th Newfoundland and Labrador province December 21, 2004 December 21, 2004 dish
    9 New Brunswick province June 23, 2005 June 23, 2005 dish

    Colombia

    Same-sex couples have the right to marry in Colombia .

    On July 26, 2011, the Constitutional Court of Colombia ruled that same-sex couples have the right to register their partnership with the same rights and obligations as opposite-sex couples, and the Parliament of Colombia was bound by the highest court judgment until June 20 To pass a law in 2013 that allows same-sex couples to do so. If parliament did not implement the ruling by June 20, 2013, same-sex couples in Colombia would automatically have the right to have their partnership registered with a notary or judge. However, the Constitutional Court of Colombia did not specify whether same-sex couples have the right to marry.

    A bill on same-sex marriage was rejected in April 2013. In September 2013, the first same-sex couples registered their partnership in the form of a marriage. However, some of the first marriages were canceled by the courts. In April 2016, the Constitutional Court upheld the immediate nationwide marriage opening in a further landmark decision.

    Mexico

    The regulation of family law in Mexico is incumbent on the states. Same-sex couples have the right to marry in Coahuila, Quintana Roo and the capital city district.

    Same-sex marriages have been open in the Mexico City area since March 4, 2010. Same-sex marriage has existed widely in the state of Quintana Roo , since September 2014 in the state of Coahuila , since June 2015 in the state of Chihuahua, and since December 2015 in the state of Nayarit .

    Uruguay

    In Uruguay , same-sex couples have the right to get married.

    Senator Margarita Percovich from the Broad Front , who had already successfully campaigned for the introduction of registered partnerships in 2007, announced in May 2009 that she would introduce a law to open up marriage in parliament. This move was promoted in 2011 by the MP Sebastián Sabini of the ruling party of the Broad Front with a bill. On December 12, 2012, the draft law on opening marriage was passed by a large majority in parliament.

    On April 10, 2013, after the Senate, the House of Commons also approved the law with a large majority.

    United States

    In the United States , same-sex couples have the right to marry.

    In the absence of regulation in federal law, the decision on same-sex marriages in the USA was the responsibility of the individual states. Therefore, the legal situation differed greatly depending on the state, before the Supreme Court in Obergefell v. Hodges established a constitutional right to same-sex marriage on June 26, 2015.

    In March 2015, 37 states as well as the capital Washington, DC allowed same-sex marriages. In contrast, there was a general ban, which almost always included registered partnerships and remains anchored in the individual constitutions of some states, almost only in the classic Bible Belt and the sparsely populated states of the Great Plains . However, such bans became null and void if a court ruled that it violated the federal constitution, which it did in numerous cases. Only a few (apart from the capital only eleven), mostly urban and generally very liberal states opened marriage through a parliamentary resolution or referendum; in the others this was done by court decision. Most of the states defended themselves very strongly here, so that the complaints - with a relatively clear tenor that the ban violated the US constitution - almost all went to the federal appeals courts through the instances that represent the second highest judicial level.

    With the decision of the Supreme Court on June 26, 2015, a final verdict for the opening of marriage in the entire United States was reached. In a 5: 4 decision, the Court of Justice declared the prohibition of same-sex marriages to be incompatible with the principle of equality before the law, which is enshrined in the 14th Amendment to the Constitution , and therefore unconstitutional. From now on, each of the fifty states must guarantee the marriage of same-sex couples in their own state as well as the recognition of marriages concluded elsewhere.

    On average in the US, same-sex marriages have been supported by a majority of the population since around 2011, with results differing widely across states.

    Same-Sex Marriage Surveys in the United StatesUnited StatesUnited States 
    Survey institute date Therefore On the other hand
    Gallup March 17, 1996 27% 68%
    Gallup February 9, 1999 35% 62%
    Gallup May 4, 2004 42% 55%
    Gallup August 25, 2005 37% 59%
    Gallup May 11, 2006 39% 58%
    Gallup May 13, 2007 46% 53%
    Gallup May 11, 2008 40% 56%
    Gallup May 10, 2009 40% 57%
    Gallup May 6, 2010 44% 53%
    Gallup May 8, 2011 53% 44%
    Gallup December 18, 2011 48% 48%
    Gallup May 6, 2012 50% 48%
    Gallup November 29, 2012 53% 46%
    Washington Post / ABC March 10, 2013 58% 36%
    Gallup May 7, 2013 53% 45%
    Gallup July 14, 2013 54% 43%
    Gallup May 21, 2014 55% 42%
    Gallup 19th May 2015 60% 37%
    Gallup 2018 67% 31%

    Venezuela

    In January 2014, a draft law on the opening of marriage was introduced to the National Assembly. A first vote was expected at the end of 2015 [obsolete] .

    Africa

    Legal situation for same-sex couples in Africa
    Homosexual acts legal:
  • Same-sex marriage
  • No recognition
  • Homosexual acts illegal:
  • Suspended prison sentence
  • Prison sentence
  • Suspended death penalty
  • death penalty
  • In many African countries, homosexuality is a criminal offense, some face long prison sentences, and in a few even the death penalty. Accordingly, the development of new legislative initiatives for the state recognition of same-sex couples is making extremely slow progress.

    The only African country in which same-sex couples enjoy the right to marry is South Africa (as of February 2015): In November 2006, the South African parliament voted with 230 to 41 votes for a bill that opened up access to civil marriage for same-sex couples .

    Asia

    Legal situation for same-sex couples in Asia
  • Same-sex marriage
  • Recognition of foreign same-sex marriages
  • No recognition
  • Freedom of expression and assembly restricted
  • De jure punishable, de facto no prosecution
  • prison sentence
  • Life imprisonment
  • Suspended death penalty
  • death penalty
  • Currently, only Taiwan allows same-sex couples to get married. A relatively large number of states impose penalties on homosexuals that extend to the death penalty and / or restrict their freedom of expression. In a few Asian countries - such as Israel and Nepal - there are or have been efforts to get the state to recognize same-sex couples.

    Taiwan

    In October 2013, a bill to open up marriage to same-sex couples was introduced into parliament. The first reading took place in December 2014.

    Two draft laws on equality for homosexual couples in marriage passed the first reading in parliament on November 8, 2016 and were then referred to sub-committees for further discussion.

    On May 24, 2017, the Constitutional Court ruled that the previous legal situation violated the constitutional rights to equal treatment and entering into marriage, and set the legislature a period of two years to allow same-sex couples to marry.

    Same-Sex Marriage Surveys in TaiwanTaiwanRepublic of China (Taiwan) 
    Survey institute date Therefore On the other hand
    Institute of Sociology at Academia Sinica July 9, 2013 53% 37%
    Kuomintang November 2016 52% 43%

    In the group of 20 to 29 year olds, the approval rate was 78%. Ten years ago, 25% were in favor and 55% were against.

    Israel

    Israel , along with Armenia, is the only country in Asia to recognize same-sex marriages that have been concluded in other countries. In May 2012 and December 2013, applications to introduce the right to same-sex marriage in parliament failed.

    Same-sex marriage surveys in IsraelIsraelIsrael 
    Survey institute date Therefore On the other hand
    Channel 10 June 2018 58% ?

    Japan

    In order to introduce the right to marriage for same-sex couples in Japan , a constitution-changing majority in the Japanese parliament would be required; because in Article 24 of the Japanese Constitution it says: "Marriage should only be based on the mutual consent of both sexes and be maintained through cooperation and equal rights of men and women as a basis."

    On March 17, 2021, the Sapporo District Court ruled that same-sex couples were legally denying the benefits of marriage in full, violating the constitutional right to equal treatment.

    Same-Sex Marriage Surveys in JapanJapanJapan 
    Survey institute date Therefore On the other hand
    Nihon Yoron Chosakai March 2, 2014 42.3% 52.4%
    Hiroshima Shūdō University November 28, 2015 51.7% 41.3%

    Cambodia

    Although same-sex couples in Cambodia have no right to marry, authorities in Kandal, Takeo, Prey Veng and Kampong Chhnang provinces have issued marriage certificates to a total of at least 15 lesbian couples in the past twenty years.

    Nepal

    In 2008, the country's Supreme Court ruled that any form of sexual orientation discrimination is prohibited. The commission established in 2010 to study the legal situation of other countries published its report in February 2015 with the recommendation to open marriage to same-sex couples.

    Thailand

    In 2014 there was a draft law to open marriage in the Thai parliament. This draft law met with a majority in parliament during the first deliberations, but took a back seat due to the flare-up political crisis in Thailand.

    Turkey

    While the Turkish constitution was being rewritten, the opposition party BDP called for the liberalization of marriage laws and the inclusion of same-sex marriage. The largest opposition party in the Turkish parliament, the CHP , supported the proposal. The largest party in parliament, the AKP, is against same-sex marriage, although President Erdoğan , the party leader of the AKP, supported completely equal rights for LGBT citizens when his party was founded in 2002. According to a response to a request from the Barış ve Demokrasi Partisi in 2012, a parliamentary discussion on same-sex marriage can be expected when all political parties meet in committees to establish a new constitution. In a survey on Turkish attitudes towards sexuality, 3.6% of Turks support same-sex marriage.

    Australia and Oceania

    Legal situation for same-sex couples in Oceania
  • Same-sex marriage
  • Registered partnership
  • No recognition
  • De jure punishable, de facto no prosecution
  • Homosexual acts illegal
  • Australia

    Same-sex couples have the right to marry in Australia .

    On September 13, 2013, the Australian Capital Territory (ACT) government announced a bill to open up marriage in the ACT. On October 10, 2013, the Australian Attorney General George Brandis announced on behalf of the Conservative Federal Government that the Federal Government would take it to court if the ACT decided to initiate marriage for itself. The ACT government ignored the Justice Minister's threat and the ACT parliament passed a resolution to open marriage in the ACT on October 22, 2013. The Conservative Australian Government followed up on its threat, appealed to the Australian Supreme Court and was won; The Act to Open Marriage in the ACT was annulled on December 12, 2013. The Australian Supreme Court justified the repeal of the law not by stating that same-sex couples had no right to marry, but that same-sex marriage could only be introduced nationwide and not just in part of Australia. The federal government is free to decide whether to introduce same-sex marriage across Australia. The (conservative) Australian government, however, continued to speak out against the opening of marriage to a large extent.

    As became known for the first time in the summer of 2014, more and more MPs in the Australian Parliament are in favor of a free vote without any parliamentary group being forced to open marriage. After coming out of the swimming stars Ian Thorpe on Australian television in 2014 was the following year, the Irish referendum on the marriage opening another trigger for renewed debate. However, many MPs from the governing parties and the then Prime Minister Tony Abbott still spoke out against the opening of marriage. The Liberal Party of Australia , the largest ruling party, decided not to allow its MPs to vote. As of September 2016, 21 same-sex marriage bills had been tabled in the Australian Parliament; none was accepted. The incumbent government proposed holding a nationwide referendum on same-sex marriage in 2017; however, this was rejected by the Senate twice, in November 2016 and August 2017. The Labor Party and Greens majority there argued that a referendum would be too costly and that a controversial public debate would potentially harm the LGBT community. Instead, the senators wanted a vote in parliament. The government finally announced that it would hold a nationwide voluntary postal survey on this issue from September to November 2017. In this referendum, 62 percent of the participants (voting participation around 80 percent) voted in favor of opening up marriage. Malcolm Turnbull , Prime Minister from September 2015 to August 2018, is believed to be a proponent of same-sex marriage.

    The opposition Labor Party supported same-sex marriage in its election manifesto; she allowed her MPs to make a conscientious decision on the matter.

    On December 7, 2017, the Australian Parliament decided to introduce same-sex marriage.

    Same-sex marriage surveys in AustraliaAustraliaAustralia 
    Survey institute date Therefore On the other hand
    Crosby Textor June 22, 2014 72% 21%

    New Zealand

    In New Zealand , with the exception of Tokelau , same-sex couples have the right to marry.

    On April 17, 2013, the New Zealand parliament voted in its third and final reading for a law on equal rights for homosexual couples in marriage. It came into force in August 2013.

    American Territory of Guam

    In the US Territory of Guam , marriage was opened for same-sex couples in June 2015.

    British Territory of Pitcairn Islands

    In the UK territory of Pitcairn Islands , marriage between same-sex couples was approved in May 2015.

    Religious same-sex marriages

    Many religious communities around the world do not allow religious same-sex marriages. Nevertheless, there are a number of predominantly Protestant denominations that allow same-sex couples to have religious marriages, some of which are listed here.

    Christianity

    Judaism

    See also

    literature

    • Juan J. Fernández, Mark Lutter: Supranational cultural norms, domestic value orientations and the diffusion of same-sex union rights in Europe, 1988–2009. In: International Sociology , No. 28, 2013, pp. 102-120 ( online ).
    • Marc Schüffner: Marriage protection and civil partnership, a constitutional study of civil partnership law in the light of Article 6 of the Basic Law (=  writings on public law , volume 1077). Duncker & Humblot, Berlin 2007, ISBN 978-3-428-12438-1 ( Dissertation FU Berlin 2006, 789 pages).
    • Manfred Bruns , Rainer Kemper: LPartG - hand commentary. 2nd Edition. Nomos, Baden-Baden 2005, ISBN 3-8329-1182-0 .

    Web links

    Commons : Same-sex marriage  - Collection of pictures, videos, and audio files

    Individual evidence

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    393. ^ Episcopalians Vote to Allow Gay Marriage in Churches. In: NBCNews
    394. IEAB synod adopts same-sex marriage canon (en) . In: Anglican Ink 2018 © , June 1, 2018. Archived from the original on June 5, 2018. Retrieved July 14, 2018. 
    395. ChurchTimes: Methodists move towards conducting same-sex marriages , July 4, 2019
    396. Advocate.com: Methodists bishops back choice LGBT clergy and same-sex marriages , May 7, 2018.
    397. Gaystarnews.com: Uniting Church of Australia ministers can now marry same-sex couples , July 13, 2018
    398. Jewishweek.timesofisrael: Liberal Orthodox Synagogue Will Stop Announcing LGBT Weddings After OU complains
    399. ^ Human Right Campaigns: Stances of Faiths on LGBTQ Issues: Reconstructionist Judaism