Compendium of All Countries/Territories Allowing for Same-Sex Marriage

[Rick]

Compendium of All Countries/Territories Allowing for Same-Sex Marriage

 

In addition to Ireland, where the final measure has just been signed, here's a complete world-wide list of all the countries, territories, and oddments which currently allow for same-sex marriage:

 

Same-sex couples can legally marry in the USA, Canada, Mexico City and 8 additional Mexican states, Brasil, Uruguay, Argentina, Greenland, Iceland, Scotland, Wales, England, France, Spain, Portugal, Belgium, Netherlands, Luxembourg, Norway, Sweden, Denmark, South Africa, and New Zealand. Gays and lesbians are also able to marry in Puerto Rico, US Virgin Islands, St. Martin, St. Barthelemy, Bonaire, Sint Eustatius, Saba, Martinique, Guadeloupe, French Guiana, St. Pierre et Miquelon, Mayotte, Reunion, French Polynesia, New Caledonia, Pitcairn Island, Guam, Northern Mariana Islands, and Wallis et Futuna.

 

Same-sex marriage has also been approved in Finland from 2017.

 

[Rick]

More Countries/Territories Approve Same-Sex Marriage

 

Within the past 7 months since this first list was drawn up, the following additional countries/territories have legalized same-sex marriage:

 

Colombia, Faroe Islands, Isle of Man, and Ascension Island.

 

Others which appear to be in process, and are likely to approve same-sex marriage relatively soon, include:

 

Chile, Bermuda, Guernsey, Jersey, Malta, and Gibraltar.

 

Rick

 

 

 

 

 

[Rick]

Additional Countries/Territories Legalizing Same-Sex Marriage

 

Since the previous list was posted 9 months ago, the following additional countries/territories have legalized same-sex marriage:

 

Two more states in Mexico, plus certain municipalities in 3 other states.

 

Finland, British Base Dhekelia in Cyprus, Gibraltar, Guernsey, Falkland Islands.

 

Rick

 

 

 

 

 

[Rick]

Country-by-Country Marriage Equality Up-Date

 

The following independent nations, dependent territories, and assorted oddments have all implemented same-sex marriage legislation thus far in 2017:

 

Finland, Faroe Islands, Guernsey, Falkland Islands, and Bermuda (with Gibraltar barely managing to be counted as 2016).

 

And although the positive court ruling for marriage equality in Taiwan was a major win, marriage equality itself has not yet been implemented there.

 

It is estimated that the marriage equality law in Germany will come into force on or around 1 November 2017.

 

Note: Bermuda was a court ruling with immediate effect.

 

Next up: Malta.

 

Additional countries with pending marriage equality cases before their courts include both Chile and Panamá, with possibilities for Costa Rica, Venezuela, Ecuador,-- even Perú and Bolivia, now that the highest courts in both Perú and Bolivia have ruled favorably for transgender rights, including marriage.

 

Rick

 

 

 

 

 

[Rick]

Year-End Marriage Equality Summary for 2017 and a Look Ahead to 2018

 

In the year 2017, marriage equality was legalized in the following independent nations: Finland, Malta, Germany, and Australia. In addition, marriage equality became reality in the Danish jurisdiction of the Faroe Islands, in the British territories of Guernsey, Alderney, Falkland Islands, Bermuda, Tristan da Cunha, and St. Helena, and in the Australian territories of Christmas Island, Cocos Islands, and Norfolk Island. In Mexico, same-sex marriage became possible without amparo in Baja California, Chiapas, and Puebla, while same-sex (and hetero) civil unions were legalized in Tlaxcala.

 

Plus, the Constitutional Courts in both Taiwan and Austria issued definitive rulings in 2017 which will usher in marriage equality in both jurisdictions on or before the year 2019.

 

 

In unfinished business, despite the Bermuda Legislature's passage of retrograde "civil unions" legislation to replace marriage equality, Bermuda's governor has yet to sign that legislation into law. And it now appears unlikely that he will do so.

 

On the island of Jersey, we are still awaiting that jurisdiction's long-promised legislation. In Panamá, we are still awaiting the marriage equality decision from that nation's Supreme Court. In Chile, we are still awaiting the legislative passage of the internationally agreed-upon measure which will usher in marriage equality in that nation. We are also awaiting Constitutional Court rulings in Ecuador, in Venezuela, and in El Salvador. There are several pending cases in Peru seeking both marriage recognition, as well as marriage equality. In particular, the one marriage recognition case, on appeal, could be ruled upon at any time. We also expect another major case to move forward in Costa Rica.

 

In Switzerland, we are awaiting the up-coming referendum, a vote which should prove to be favorable. In Nepal, we are still awaiting the long-promised legalization, as required by their court. In Namibia in southern Africa, we may well be in for a surprise ruling in favor of marriage equality from that nation's court. And from the Caribbean, there's an up-coming case due to be heard in late January in Trinidad, and the likely possibility of another immigration marriage recognition case from the Cayman Islands, this time involving a Cayman citizen and their foreign partner, already married in Canada. The case in Trinidad intends to knock down the sodomy ban, and from there, go as far as it can. Plus, there's also a similar pending case against the sodomy ban in Jamaica. In the Caribbean, we have to take it step-by-step, in whatever manner is possible. And then, there's a pending marriage recognition case, on appeal, in Hong Kong.

 

The European Court of Human Rights has just ruled against Italy. In the coming year, we should likely expect a similar ruling against Romania.

 

Plus, there are unknowns. What will happen in Japan? In the Philippines? In Thailand? In India? Maybe even Northern Ireland will surprise everyone. Or perhaps the European Court of Human Rights will issue a blanket ruling covering the entire EU.

 

Rick

 

 

 

 

 

[Rick]

Worldwide Marriage Equality Watch List

By Rex Wockner:

Rex Wockner has recently posted a new, separate, expanded article tracking the nations most likely to see marriage equality next. Now, on his newly-expanded Watch List, the following 16 jurisdictions are listed, with detailed information on each: Austria, Bermuda, Cayman Islands, Chile, Costa Rica, Cuba, Ecuador, Honduras, Northern Ireland, Panamá, Paraguay, Perú, Philippines, Switzerland, Taiwan, and Venezuela.
https://wockner.blogspot.com/2018/04/worldwide-ma...

Nine of the 16 jurisdictions are in Latin America, most of which have had marriage equality cases filed before their respective nation's highest court, cases which are still pending resolution. As a result, many, like Costa Rica, Panamá, Ecuador, and Venezuela (and Bermuda), could have nationwide rulings rendered at any time. Others, like the cases in Perú, Paraguay, and Honduras, will take longer.

Also, as a reminder, the case before the Philippines Supreme Court will be heard in three weeks' time, on 19 June 2018.

Rick

 

Edited May 27, 2018 by Rick

[Rick]

European Summary on Same-Sex Marriage/Civil Unions

European countries where same-sex marriage is legal:

*Netherlands (2001)
*Belgium (2003)
*Spain (2005)
*Norway (2009)
*Sweden (2009)
*Portugal (2010)
*Iceland (2010)
*Denmark (2012)
*France (2013)
*England/Wales/Scotland/Akrotiri and Dhekelia (2014)
*Republic of Ireland (2015)

*Greenland (2016)
*Isle of Man (2016)
*Gibraltar(2016)
*Finland (2017)
*Malta (2017)

*Faroe Islands (2017)
*Guernsey (2017)
*Germany (2017)
*Jersey (2018)
*Austria (2019)

European countries with some form of same-sex civil union:

*Andorra (2005)
*Northern Ireland (2005)
*Czech Republic (2006)
*Slovenia (2006)
*Switzerland (2007)
*Hungary (2009)
*Croatia (2014)
*Greece (2015)
*Cyprus (2015)
*Estonia (2016) (also recognizes same-sex marriages performed abroad)
*Italy (2016)

European nations where equal marriage is illegal (but not constitutionally banned)

Albania
Azerbaijan
Bosnia and Herzegovina
Kazakhstan
*Liechtenstein
Republic of Macedonia
*Monaco
*Romania (but recognizes same-sex unions performed abroad for immigration/residency)
Russia
*San Marino
Turkey/Northern Cyprus

European countries with a constitutional ban on equal marriage:

*Bulgaria (1991) (but recognizes same-sex unions performed abroad for immigration/residency)
*Lithuania (1992) (same-sex union case pending for immigration/residency)
Belarus (1994)
Moldova (1994)
Ukraine (1996)
*Poland (1997) (recognizes co-habitation of same-sex partners in limited circumstances)
*Latvia (2006) (same-sex marriage recognition case pending)
Serbia (2006)
Montenegro (2007)
*Hungary (2012)
*Croatia (2013)
*Slovakia (2014) (but recognizes same-sex unions performed abroad for immigration/residency)
Armenia (2015) (but recognizes same-sex marriages performed abroad)
Georgia (2018)

Also note that despite the constitutional bans on marriage for same-sex couples, both Hungary and Croatia allow for some sort of same-sex civil union.

* Member of the European Union

Rick

 

Edited October 6, 2018 by Rick

[Rick]

Two More Native American Tribes Recognize Same-Sex Marriage

Ponca Tribe of Nebraska

The Domestic Relations Code of the Ponca Tribe of Nebraska in its version published on 5 November 2018 stated in Section 4-2-1.1 that the purpose of that code is to "ensure that couples of the same sex and couples of opposite sex have equal access to marriage," which was decided by the Tribal Council at a previous meeting on 26 August 2018.

Blue Lake Rancheria, CA

The Blue Lake Rancheria legalized same-sex marriage on 1 November 2013 by repealing §6C of its Marriage Ordinance. Previously, on 13 October 2001, the Business Council of the Rancheria had passed an ordinance which at §6C prohibits marriages contracted by same-sex parties. However, at §13, it states that marriages legally contracted outside the boundaries of the Blue Lake Rancheria are valid within the tribal jurisdiction. (Strictly speaking, this is not new news, but rather, is a point which was not previously recorded.)

Wikipedia now lists 42 tribes which provide for explicit legal recognition of same-sex marriage performed within tribal jurisdiction, 36 more which provide explicit recognition to all marriages performed elsewhere in the state, an additional 13 which have gender-neutral marriage language, plus 19 which have it due to federal courts (CFR Courts through the Bureau of Indian Affairs), and 11 more which (due to hazy language) may have same-sex marriage, for a total of 121. (One is also aware that the Tlingit and Haida tribes of Alaska legalized same-sex marriage in 2015.)

In addition, many federally-recognized tribal jurisdictions do not have their own courts, relying instead on CFR courts under the Bureau of Indian Affairs. In such cases, same-sex marriage is legal under federal law. Others do have their own courts and legal codes but do not have separate marriage laws or licensing, relying instead on state law (many small tribes, exact number unknown, simply rely on state law). Of those that do have their own legislation, most have no special regulation for marriages between people of the same sex or gender, and many accept as valid marriages performed in other jurisdictions.

Only 12 tribes specifically ban same-sex marriage, and 5 more use gender specific language without mentioning recognition from other jurisdictions, for a total of 17.

There are a total of 573 federally-recognized Native American tribes, of which 231 are located in Alaska, and 342 in the lower 48.

Of the 23 largest tribes by population (outside of Alaska and Oklahoma), only 2 specifically ban same-sex marriage, the Navajo Nation and the Gila River tribe, both in Arizona. Of the 18 largest tribes by population in Oklahoma, 5 explicitly ban same-sex marriage, the Creek, Choctaw, Chickasaw, Potawatomi, and Seminole, while a sixth, the Miami, is unclear. Wikipedia has not attempted a similar break-down of the Alaska tribes.

The others which specifically ban same-sex marriage (all smaller groupings) are the Bay Mills Indian Community of Washington, the Grand Traverse Band of Ottawa and Chippewa of Michigan, the Kalispel Indian Community of Washington, the Lummi Nation of Washington, and the Nez Perce of Idaho.

 

Rick

 

[Rick]

USA: 4th Anniversary of Obergefell Decision

Per Evan Wolfson:

Today, 26 June 2019, marks the 4th anniversary of winning the freedom to marry nationwide here in the USA. And now, there are 27 countries worldwide where same-sex couples can share in the love and commitment of marriage...with more on the way.

Per Rex Wockner‏:

(Lest we forget), 4 years ago today, the final 15 US states, plus 3 territories, got marriage equality. When SCOTUS ruled, 12 states and 4 territories lacked marriage equality, while KS and MO only had it in certain counties, and in AL, marriage equality had been suspended. Still, 1 territory (American Samoa) and a certain number of the 567 Indian tribes still lack marriage equality.

Rick

 

[Rick]

Impressive 2019 End-of-the-Year Worldwide Marriage Equality Status Report

Rob Salerno of LGBT Marriage News has just published a very lengthly and quite accurate and complete worldwide accounting on both the current status of marriage equality and the progress toward decriminalization of same-sex sexual relations.

Taking matters region-by-region, with emphasis on summarizing events from 2019, he also presents it in a format whereby he simultaneously summarizes the current decade, and then jumps ahead as to what one ought to be expecting in terms of additional progress on both marriage equality and the decriminalization of same-sex sexual relations for the upcoming year, 2020.

One can find his impressively complete report here:
http://www.therobsalerno.com/?p=862

Rick

 

[Rick]

Every Country Where Same-Sex Marriage Is Legal, 2022

This listing is reasonably accurate in providing dates, and some very brief detail pertaining to the enactment procedure of the various measures, such as whether marriage equality was approved through legislation, popular referendum, supreme court ruling, or some combination.

However, the listing skips Mexico and Slovenia, so it is otherwise correct in identifying 31 of the 33 independent nations in reasonably accurate (reverse) chronological order that have thus far legalized marriage equality. In addition, though, it separately lists and details the 3 non-independent entities of Scotland, Northern Ireland, and Greenland, while further ignoring all other non-independent jurisdictions that have also separately enacted their own marriage equality measures, like the Faroe Islands, Isle of Man, Guernsey, Jersey, and Gibraltar.
https://www.msn.com/en-us/news/world/every-countr...

Rick

Edited July 28, 2022 by Rick

[Rick]

If Marriage Equality Were to Be Overturned by the US Supreme Court

If marriage equality were to be overturned by the US Supreme Court by their reversal of their 2015 Obergefell decision, 19 states would still have marriage equality due to their own separate state constitutions, separate state laws, and/or separate state court rulings allowing it. These states are:

California

Colorado

Connecticut

Delaware

Hawaii

Illinois

Iowa

Maine

Maryland

Massachusetts

Minnesota

Nevada

New Hampshire

New Jersey

New Mexico

New York State

Rhode Island

Vermont

Washington State

The remaining 31 states all have dormant, out-of-date state constitutional bans or state laws still on the books that would once again come into force if the Supreme Court were to overturn Obergefell.

https://www.advocate.com/news/states-with-marriage-equality-obergefell

Rick

Edited September 12, 2025 by Rick

[Str8chaser]

How would that work then because doesn’t the Constitution require that all states recognize another state’s marriages?  I can believe that the Trumpservatives would like to get rid of the nationwide ban on banning same sex marriage but states have to recognize marriages from other states.  So a couple from Alabama would be expected to go to Illinois or New York or California, then Alabama would have to treat them as married?

 

Or do they plan on banning gay marriage altogether?  What would happen to all the marriages then?

[RodEnuf]

6 hours ago, Str8chaser said:

How would that work then because doesn’t the Constitution require that all states recognize another state’s marriages?

It's Article IV - Section 1, which is known as the Full Faith and Credit Clause.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.