Same-sex marriage, the practice of marriage between two men or between two
women. Although same-sex marriage has been regulated through law, religion, and
custom in most countries of the world, the legal and social responses have
ranged from celebration on the one hand to criminalization on the other.
Some scholars, most notably the Yale professor and historian John Boswell
(1947-94), have argued that same-sex unions were recognized by the Roman
Catholic Church in medieval Europe, although others have disputed this claim.
Scholars and the general public became increasingly interested in the issue
during the late 20th century, a period when attitudes toward homosexuality and
laws regulating homosexual behaviour were liberalized, particularly in western
Europe and the United States.
The issue of same-sex marriage frequently sparked emotional and political
clashes between supporters and opponents. By the early 21st century, several
jurisdictions, both at the national and subnational levels, had legalized
same-sex marriage; in other jurisdictions, constitutional measures were adopted
to prevent same-sex marriages from being sanctioned, or laws were enacted that
refused to recognize such marriages performed elsewhere. That the same act was
evaluated so differently by various groups indicates its importance as a social
issue in the early 21st century; it also demonstrates the extent to which
cultural diversity persisted both within and among countries.
Same-sex marriage and the law
Societies have resolved the intertwined issues of sexuality, reproduction, and
marriage in myriad ways. Their responses regarding the morality, desirability,
and administrative perquisites of same-sex partnerships have been equally
diverse. Notably, however, by the beginning of the 21st century most countries
opted for one of only three legal resolutions to these intersecting problems: to
ignore same-sex partnerships, to criminalize them, or to grant them a status
similar or equal to that of heterosexual marriage. Many countries have yet to
reach a consensus on these issues.
As noted above, many societies traditionally chose to ignore the issue of
same-sex marriage by treating same-sex intimacy as a subject unsuitable for
discussion. Many of these jurisdictions, as well as those that actively
criminalize same-sex unions, contended that homosexuality and lesbianism
are mental disorders and built their public policies on this premise. In
treating same-sex desire as a psychiatric illness, these cultures moved same-sex
intimacy and marriage from the realm of civil regulations (the domain of
contract law) to that of public safety (the domain of criminal law). In such
societies, the possibility of arrest or institutionalization further reinforced
taboos on same-sex intimacy and discussions thereof, typically driving such
activities underground.
International
In the early 21st century the countries that most seriously penalized same-sex
relations tended to be in deeply conservative regions of the world, particularly
Islamic theocracies and some parts of Asia and Africa. They often proscribed
behaviours that other countries viewed as subject to moral, rather than legal,
regulation. The judicial systems of many predominantly Muslim countries, for
instance, invoke Islamic law (Sharīah) in a wide range of contexts.
A variety of sexual or quasi-sexual acts, usually including same-sex intimacy,
were criminalized in these countries, and the penalties for these acts could be
as severe as execution. However, in a notable show of support for transgender
individuals in the late 20th century, Iranian Ayatollah Ruhollah Khomeini issued
a legal decree, or fatwa, supporting gender-reassignment surgery when undertaken
by individuals who wished to "fix" their physiology and thus become heterosexual
in the eyes of the law.
In contrast, the acceptance of same-sex partnerships was particularly apparent
in northern Europe and in countries with cultural ties to that region. In
1989 Denmark became the first country to establish registered partnerships-an
attenuated version of marriage-for same-sex couples. Soon thereafter similar
laws, generally using specific vocabulary (e.g., civil union, civil
partnership, domestic partnership, registered partnership) to differentiate
same-sex unions from heterosexual marriages, went into effect
in Norway (1993), Sweden (1995), Iceland (1996), the Netherlands (1998), and
elsewhere in Europe, including the United Kingdom (2005) and Ireland (2011).
Interestingly-and perhaps as a reflection of tensions between the
marriage-for-procreation and marriage-for-community-good positions discussed
above-many European countries initially prevented same-sex couples
from adoption and artificial insemination; by 2007, however, most of these
restrictions had been removed.
Outside Europe, some jurisdictions also adopted
some form of same-sex partnership rights; Israel recognized common-law same-sex
marriage in the mid-1990s (the Israeli Supreme Court further ruled in 2006 that
same-sex marriages performed abroad should be recognized), and same-sex civil
unions went into effect in New Zealand (2005) and in parts of Argentina,
Australia, Brazil, and Mexico in the early 21st century. In 2007 Uruguay became
the first Latin American country to legalize same-sex civil unions nationwide;
the legislation became effective the following year.
In 2005 Canada became the first country outside Europe to pass legislation
legalizing same-sex marriage. Thereafter, South Africa (2006)
and Argentina (2010) were the first African and Latin American countries,
respectively, to legalize same-sex marriage. New Zealand (2013) became the first
country in Oceania to do so. Elsewhere, Bermuda legalized same-sex marriage in
2017, but the following year it passed a bill that replaced such marriages with
domestic partnerships. Bermuda thus became the first country to repeal same-sex
marriage.
The future of same-sex marriage
At the turn of the 21st century it was clear that the evolution of rights for
same-sex couples depended to a great extent upon the interplay of a country's
institutional forces. In parliamentary unitary systems, such as those of the
Netherlands, Spain, and the United Kingdom, for example, legislatures (and the
executives derived from them) were instrumental in the success or failure of
such laws. In other countries, particularly those with federal political systems
and strong judiciaries, such as Canada, South Africa, and the United States, the
courts played a vital role. For yet another group of polities, such as
Switzerland and many U.S. states, institutional rules enabled voters to take a
direct role in the passage or rejection of legislation.
In countries where consensus has yet to be reached on this issue, the debate is
unlikely to be resolved quickly or easily. In some parts of the world, such as
those plagued by war or natural disasters, same-sex marriage is simply not an
urgent matter. In others, the broad spectrum of notions about sexuality and the
purpose of marriage is compounded by national pluralism and a tendency for
secularism and religiosity to intersect in complex and unexpected ways.
Same-sex marriage around the world
The table provides a list of countries that have legalized same-sex marriage, as
well as selected countries that offer some other legal status for same-sex
couples.
Countries with same-sex marriage 1
country |
year effective |
Argentina |
2010 |
Australia |
2018 |
Austria |
2019 |
Belgium |
2003 |
Brazil |
2013 |
Canada |
2005 |
Colombia |
2016 |
Costa Rica |
2020 |
Denmark |
2020-22 |
Ecuador |
2019 |
Finland |
2017 |
France |
2013 |
Germany |
2017 |
Iceland |
2010 |
Ireland |
2015 |
Luxembourg |
2015 |
Malta |
2017 |
Netherlands |
2001 |
New Zealand |
2013 |
Norway |
2021-2023 |
Portugal |
2009 |
South Africa |
2010 |
Spain |
2006 |
Sweden |
2005 |
United Kingdom |
2009 |
United States |
2015 |
Uruguay |
2013 |
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