Same-sex marriage

A same-sex marriage is a marriage in which both partners are the same sex have. In contrast to the registered partnership , which creates a separate legal institution by a separate law, including same-sex marriage the same marriage law is understood for both heterosexual as well as homosexual couples, with related laws can have explicit exceptions in disputed areas (such as joint adoption ). This has in some countries where registered partnerships as equivalent to marriage in the effects, almost no law, but above all a symbolic meaning. For countries that have taken place with the introduction of registered partnership without full legal equality in marriage, and this is not to be expected in the recent future, combine with the opening of marriage, also concrete political demands for full legal equality.


Other terms for this type of relationship are “gay marriage”, ” lesbian marriage “,” gay marriage “and” gay marriage “with the adhering thereto restrictions or semantic problems. If the simple extension of traditional marriage is to be expressed, it may be the possibility of a “gender-neutral marriage “(the institution of marriage is neutral with respect to the gender of the partner) or an” equal marriage “(legally equal to the traditional marriage not to be confused with the marriage partnership same name) speak. In international contact is usually the expression “same-sex marriage” is used.

The marriage between partners of the same sex is a relatively recent phenomenon, until the beginning of the 21st Century was made possible. As the first country in the world that opened Netherlands in 2001, the marriage, since before 1998, there were already registered partnerships . In the following years more and more countries were added. In 2010, there are eleven countries that allow same-sex marriage on the national level. In the future an increase of this figure is expected. In particular, countries in Europe and Latin America are open in this regard.

However, the first documented same-sex marriage has already taken place 950 years ago. The two men Pedro Díaz and Muño Vandilaz were in the Galician community Rairiz de Veiga in Spain on 16 April 1061 married by a priest in a small chapel. This historic document about this church ceremony was in the monastery of San Miguel de Celanova found. [1]

Studies show that the deprivation of marriage for same-sex couples cause of stress and its consequences should be. With the introduction of same-sex marriage in Massachusetts, the number of doctor visits by 13% of gays and their health costs had fallen by 14%. [2]
Current situation
Dealing with same-sex marriages in the world:
Homosexuality is legal:

Same-sex marriages
(Official) same-sex partnerships
Recognition of foreign same-sex marriages
No (official) same-sex partnerships

Homosexuality illegal:

No penalties
Minor penalties
Stiff penalties
Lifelong imprisonment
Death penalty

In the following countries the marriage for same-sex couples has been opened:

Netherlands (1 April 2001)
including the BES islands: Bonaire , Saba and St. Eustatius (since October 10, 2012)
Exceptions: Aruba , Sint Maarten and Curacao (the marriages of other recognized Netherlands)
Belgium (1 June 2003)
Spain (3 July 2005)
Canada (20 July 2005)
South Africa (30 November 2006)
Norway (1 January 2009)
Sweden (1 May 2009)
Portugal (June 5, 2010) (but in Portugal is the joint adoption of children continue to be prohibited)
Iceland (27 June 2010)
Argentina (22 July 2010)
Denmark (15 June 2012) (exceptions: Greenland ( Registered Partnership April 26, 1996) and the Faroe Islands )
France (February 12, 2013)
Uruguay (April 10, 2013)

In the following sub-regions of countries, marriage for same-sex couples has been opened:

United States
States with the Federal District (51 in total)
Massachusetts (May 17, 2004)
Connecticut (10 October 2008)
Iowa (April 27, 2009)
Vermont (1 September 2009)
New Hampshire (1 January 2010)
District of Columbia (3 March 2010)
New York (June 24, 2011)
Washington (6 December 2012)
Maine (29 December 2012)
Maryland (1 January 2013)
Indian tribes (for a total of 566 recognized tribes)
Coquille in Oregon (1 May 2009)
Suquamish in Washington (1 August 2011)
Little Traverse Bay Bands of Odawa Indians in Michigan (March 15, 2013),
Mexico (32 in total)
Mexico City (4 March 2010)
Quintana Roo (1 June 2012)
Brazil (27 in total)
Alagoas (7 December 2011)
Sergipe (15 July 2012)
Espírito Santo (15 August 2012)
Bahia (26 November 2012)
Brasília ( Federal District ) (1 December 2012)
Piauí (15 December 2012)
São Paulo (1st March 2013)
Ceará (15 March 2013),
Paraná (26 March 2013),
Mato Grosso do Sul (April 2, 2013)

The opening of marriage in these countries happened on the one hand through decisions of courts (eg, Massachusetts, Connecticut, Canada at the provincial level or South Africa), on the other hand through legislative initiatives (eg Canada at the federal level or Spain) and, more recently, through referenda (eg, Maine and Maryland).

In Israel will be a decision of the Supreme Court recognized foreign marriages of same-sex couples in the country. [3]
Status of same-sex couples in Europe in 2012

█ Same-sex marriage

█ Registered Partnership

█ Unregistered partnership

█ legislation is up for debate

█ No recognition

█ ban on same-sex marriage

Although the European Court of Human Rights (ECHR) has been recognized no right to same-sex couples to marry, his jurisdiction over the decades developed towards a more friendly attitude toward same-sex couples. This was last in a clear judgment, in which a suit was dismissed by an Austrian couple who had sued for the right to enter into a marriage. With the introduction of registered partnership in Austria (→ Registered Partnership Act (EPG) ) eight years after the complaint were main arguments of the plaintiff no longer applicable. Same time, the Court recognized, however, that the standards of the European countries in this area continues to develop. Thus, he rejected his earlier arguments, according to the same-sex couples not a ” family life “but only” private life lead “and held that Article 8 ECHR (respect for family life) and Article 14 ECHR (prohibition of discrimination) is compatible, so that other possible cases may arise in which same-sex couples to Article 8 may rely ECHR. [4] [5]

Belgium became the second country in the world opened to the Netherlands in 2003 the marriage . [6]

After Denmark had already been approved in 1989 as the first country to civil connecting same-sex couples (“registered partnerships”), the Parliament voted on 7 June 2012 with a clear majority (85 votes to 24) for a law opening marriage to same-sex couples and religious marriages legalized here. It was from Manu Sareen , Minister for Equality and Church and Minister for Nordic Cooperation in the government of Prime Minister Helle Thorning-Schmidt , has been introduced. The new regulation, which on 15 June 2012 came into force, shall apply to all members of the National Church . Same-sex marriages are also the word for future classified as “marriages”, rather than “registered partnerships”. Nevertheless, pastors can reject individual homosexual marriages. [7] [8]

In France , the highest decision Constitutional Court in Paris in January 2011 that it does not violate the Constitution to deny same-sex couples marriage. At the same time was the legislator, ie the French government free to decide whether they want to allow same-sex couples entering into marriage. The conservative government under the head of state Nicolas Sarkozy , however, had always spoken against. [9] [10]

The presidential elections in June 2012 won Francois Hollande , who had promised during the election campaign to introduce same-sex marriage. [11] A similar bill that also a communal right of adoption included, was in November 2012 the Cabinet adopted [12] and on 12 February 2013 in the National Assembly decided. 9 April 2013 also agreed with the Members of the Senate , where the government parties have a majority, for the introduction of same-sex marriage. However, the law comes into force only when all sub-laws are adopted, which includes the joint adoption rights belongs. [13]

However, the project continues to provide controversy in public. In January 2013 demonstrated between 300,000 (according to police) and 800,000 (according to the protesting organization) people against the introduction of same-sex marriage. [14] Shortly thereafter demonstrated 125.000 (Police) / 400,000 (organization) people for the introduction of same-sex marriage. [ 15] Between the votes in the various chambers, there were more protests by opponents of the project, uA another mass demonstration Straton end of March in Paris [16] , depending on the source, between 300,000 (police) and 1.4 million (organization) gathered people. [17]

On 11 June 2010, the Icelandic parliament unanimously approved a law to open up the marriage. After ratification by the President occurred on 27 June as well. [18]
The Netherlands

The Netherlands opened with the Open Wet Stelling huwelijk of 21 December 2000, the marriage . The law took effect on 1 April 2001, in force. [8]

On 11 June 2008 the Norwegian Parliament decided a law opening marriage to homosexual couples, on the first January 2009 came into force. [19] [20] [8]

In October 2008, the Socialist Party brought Bloco de Esquerda a law for the opening of a marriage. [21] The submission was rejected in Parliament. [22]

In March 2009, the government announced in Portugal that they would support the opening of the marriage when she was re-elected in the fall. [23]

On 17 December 2009 it was announced that the current government of Portugal has prepared a draft law that will allow same-sex marriages. [24] On 8 January 2010 and first reading on 12 February 2010 on second reading the Parliament in Lisbon took the law in. [25] The current version of the bill provides for the opening of civil marriage for gays and lesbians, but clings continue from the same adoption rights as for hetero couples. [26]

The bill presented in mid-March 2010, the President Aníbal Cavaco Silva, the Constitutional Court before and sent four of five articles of the law because of possible unconstitutionality of the Portuguese Constitutional Court for review. [27] He was only the item that exclude the adoption of same-sex marriage should not check the Constitution. 9 April 2010, the Constitutional Court declared unconstitutional the articles submitted for and on 17 May, the law was signed by President Silva. [28] It entered into force on 31 May 2010 force after it was published in the official Gazette. [29]

Meanwhile, a lesbian couple had failed in the Constitutional Court of the country. It had opened proceedings in July 2007, to complain to the opening of marriage. [30] In 2004, a ban on discrimination based on sexual orientation was included in the Constitution.

Since 2005 it is also possible that two people of the same sex in Switzerland under applicable laws perform a marriage, but only if one partner changes his gender during a previously heterosexual marriage. Marriage shall be continued undiminished.
A “Gay Pride” parade in 2005, which celebrates the introduction of same-sex marriage in Spain. On one of the posters is “Estado laico!” (Eng. ” secular state “) to read.
Family and pedigree from Spain in 2006, in two lines “Mr / Ms” is provided.

The Spanish Parliament decided on 30 June 2005 allowed against the votes of conservatives that homosexuals to marry and adopt children in the future. [31] The law took effect on 3 July 2005 in force. On 27 June 2007 was the Spanish Ministry of Justice announced that since the introduction of the law got married in the two years 3,340 couples. In fact, this figure could be three times higher, because the data of the non-computerized communities as well as those from Euskadi / Basque Country could not be included. According to the Ministry of these were 3,340 marriages between those 2,375 men and 965 women between. Madrid is the autonomous region where the highest number was registered (1,060), followed by Catalonia (871), Andalucia (399), Valencia (263) Balearic Islands (116), Asturias (101), Castile and Leon, ( 89) Aragon (86), Canary Islands (83), Murcia (61), Castilla – La Mancha (56), Extremadura (54), Galicia (31), Cantabria (28), Navarra (25) and La Rioja ( 13).

In Sweden, two people of the same sex can enter into marriage after an appropriate resolution of the Reichstag on 1 May came into force in 2009. The parties represented in the Reichstag, with the exception of the Christian Democrats for the change in the marriage law. On 1 April 2009, the Parliament approved the law with 261 votes to 22. It took effect on 1 , 2009 in force. [32]

In Sweden, the marriage can be legally binding in the closed church. Therefore, a decision was Lutheran Church of Sweden is required. The church had been previously used for the rights of same-sex couples [33] [34] the blessing of a registered partnership was also possible. In November 2009, a majority (176 in favor, 62 against, 11 abstentions) in the Church House for the opening of the religious marriage for same-sex couples since 1 November 2009 in each community of the church can enter into the marriage. [35]

On 16 November was the first same-sex couple in the capital Buenos Aires a marriage certificate after it had successfully sued in court and the city opted not to appeal. [36] The actual wedding ceremony was indeed pushed a little later by another court, however, the couple received end December in the city Ushuaia in the province of Tierra del Fuego, but still the possibility of marriage to include legally binding. [37] It thus is the first gay marriage in Latin America.

In May 2010 the Argentine Parliament advocated [38] and in July 2010, the Senate a bill opening marriage nationwide. [39]

In Canada, the marriage has been opened for homosexual couples. The Act Bill C-38 [40] Opening the marriage was on 28 June 2005 Canadian House and 19 Adopted in July 2005 in the Canadian Senate. The law took effect on 20 July 2005 in force. [41]

Senator Margarita Percovich of the front width , which had already been successfully used in 2007 for the introduction of enrollees partnerships, announced in May 2009 to introduce a law opening marriage to parliament. [42] This approach was in 2011 by Representative Sebastián Sabini promoted by the ruling party of the widths front with a bill. [43] On 12 December 2012 the bill opening marriage was adopted by a large majority in parliament. [44] On 11 April 2013 agreed to the Senate and the House by a large majority to the law. [45]
United States
Sign in support of same-sex marriage
→ Main article: Recognition of same-sex partnerships in the United States

In the U.S. states of Massachusetts (since 2004), Connecticut (since 2008), Vermont , Iowa (both since 2009), New Hampshire , District of Columbia (both since 2010), New York (since 2011), Washington , Maine (since 2012) and Maryland (since 2012) is the same-sex marriage legal. In San Francisco 2004 same-sex marriages took place in the winter, but they were explained in the same year by the Supreme Court of California to be ineffective. Throughout California same-sex marriages in 2008 were closed due to a court decision, the Supreme Court of California in June, up to a referendum brought about by constitutional amendment in November 2008 that made this practice illegal. Existing at that time, however, marriages are still recognized as such before the referendum.

In several U.S. states that ban same-sex marriages (and / or civil partnerships) enshrined in the Constitution.
South Africa

In November 2006 the South African Parliament voted by 230 to 41 votes for a bill that opened access to civil marriage for same-sex couples. [8]
Religious same-sex marriages

Most religions of the world do not allow same-sex marriages. However, in some Christian and Jewish faiths, marriage between homosexuals is possible, for example, in the United Church of Christ , the Metropolitan Community Church , the United Church of Canada , the Church of Sweden [46] , the Danish Church (since 2012) [47] and in parts of Reform Judaism .
See also: Homosexuality and Religion and Blessing Same-Sex Couples
initiatives to introduce

In some countries currently under concrete legislative initiatives and court proceedings that could lead to the introduction of same-sex marriage.

Same-sex marriage has not been directly introduced into Germany. It is currently only possible in exceptional cases, when a spouse during the marriage, the sex changes (see below). Alliance 90/The Greens , [48] The Left , [49] the SPD [50] and the FDP [51] [52 ] call for the opening of civil marriage for same-sex partners. [53] The Pirate Party supports the equality of registered partnership and marriage and wants the registered partnership as a civil union make on the French model. [54] The CDU and CSU want to maintain different legal institutions and marriage privilege against civil unions. (See also Abstandsgebot ) [55] [56]

Since 2008, however, it is possible that two persons of the same sex in Germany run by German law a marriage when one partner changes his genitals during a previously heterosexual marriage. Marriage shall without replacement after the deletion of § 8 para 1 No. 2 Transsexuellengesetz be continued undiminished. [57]

In April 2010, the Berlin Senate made ​​(state government for Berlin) a resolution for opening marriage to same-sex couples in the Bundesrat. [58] This failed because of the resistance of the CDU / CSU-governed states. [59] Following that brought Alliance 90 / The Greens in October 2010, a draft law on equality of registered partnership and marriage in the Bundestag. [60] This failed in parliament the opposition CDU / CSU and FDP. [61] Even further trials of the SPD, Alliance 90/The Greens and the Left Party to further equality of marriage or registered partnership with the opening of marriage to same-sex couples were denied by the resistance of the CDU / CSU and FDP. [62] [63]

In June 2011, the state of Hamburg decided by the votes of the SPD, Green-Alternative List of Hamburg and the Left to start a Federal initiative for opening marriage to homosexual couples. CDU and FDP voted against it. [64] On 29 June 2011 brought Alliance 90/The Greens a bill opening marriage to same-sex couples in the Bundestag, which is only supported by the Left. [65] On 28 June 2012 was in the Bundestag voted on a draft law on the introduction of the right to marriage for same-sex couples. With 260 votes in favor to 309 votes against the opening of marriage to same-sex couples was rejected. [66]

The Finnish Minister of Justice Tuija Brax announced in July 2010, a government project to open up marriage to same-sex couples to. [67] [68] In March 2012, a draft law in parliament has introduced a vote on it is still pending. [69]

In July 2010, the Luxembourg Council of Ministers approved the opening of marriage. [70] The bill is now before the State Council before, but it is not expected to arrive until the fall of 2014 to a vote. [71]
United Kingdom

In September 2011, the British Minister for Equality announced Lynne Featherstone at the marriage will open in the UK within the next four years. [72] In March 2012 Featherstone introduced the bill to marriage opening for England and Wales, the public, [73] of the 5 . February 2013 in the House of Commons by 400 to 175 votes was clearly accepted. [74] Now we just need the British House of Lords approve the bill.

Also the Scottish Government plans to introduce same-sex marriage. [75]
Latin America

In Brazil , the opening marriage advice is parliament since 2011. 171 deputies and senators, led by the Socialist Jean Wyllys , the first openly gay MPs in the country, have launched an initiative to open up the marriage and the end of discrimination against gays and lesbians. [76] On 25 October 2011, the Supreme Court in Brasilia highest court to grant same-sex marriage to a lesbian couple. [77]

On 26 July 2011 decision, the Constitutional Court of Colombia, that same-sex couples have the right to marry. The Parliament of Colombia is committed by the supreme court judgment, to 20 June 2013 to pass a law that allows same sex marriage. If the marriage is not legally adopted parliamentary opening up to this date, same-sex couples in Colombia have the automatic right to enter into marriage with a notary or judge. [78] [79]
New Zealand

On 29 August 2012 voted in first reading 80 of 120 deputies in the New Zealand Parliament for a bill opening marriage. [80] [81] On 13 March 2013 voted in second reading 77 of 120 members for this bill. The third and final reading is for the earliest 17 April 2013 planned. Upon successful vote, the first marriages could be closed in August 2013.

After the proclamation of the Republic in 2008, the state Supreme Court has ruled that prohibits discrimination based on sexual orientation. [82] On 14 September 2010, the first same-sex marriage in the country between a British and an Indian was closed. A legal basis for this was at that time neither for the marriage of same-sex partners even for the wedding ceremony of foreigners. [83] , relevant legislation to open up the marriage was expected for the Constitution, which should come into effect after several shifting end of May 2012, [84] [85] [86] but will be delayed by elections between mid-April and mid-May 2013. [87]
Opinion of the population

In a survey within the EU from 2006 with the theme you support same-sex marriages? Resulted in an average agreement of 44%. It was the largest agreement in the Netherlands with 82%, followed by Sweden with 71%. Germany, with 52% approval number seven, Austria with 49% in eighth place. In Poland, Greece, Bulgaria, and Romania, however, the agreement was less than 20%. When asked whether adoptions are endorsed by same-sex couples, the values ​​were consistently lower. [88]

Since then, the agreement has increased significantly. A YouGov survey in January 2013, according to Germany in favor of two thirds of the population of same-sex marriages. Foremost among the seven countries studied are consent Sweden and Denmark with 79% each. Also adoptions by same-sex couples are according to the survey view of the majority in six of the seven countries. [89]

In the U.S., same-sex marriages are supported since about 2010 by a majority of the population. According to the Washington Post newspaper in March 2013 were 58% in favor. [90]

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