Today, almost 40% of Americans live in a place where
same-sex couples can marry. At the moment, the United States is a bit of a
patchwork quilt and is rapidly adding states that allow same-sex marriage. A same-sex couple
who had married, say, in Massachusetts, can go on a trip with their children,
wander through a number of states briefly enter Canada, and change their
marriage status repeatedly.
In the U.S. in some places they would be regarded as
married. Or they might be recognized as being in a civil union and having full
state rights but no federal marriage rights. Or they could be recognized as
being in a domestic partnership or some type of beneficiary relationship. They
would have some state rights, but no federal marriage rights.
Married same-sex couples can find themselves being
temporarily divorced against their will, considered roommates, having their
children regarded as illegitimate, having no guaranteed access to each other if
one enters a hospital unable to make medical decisions if their partner is
incapacitated. Most states do no recognize same-sex relationships—even if the
couple was legally married elsewhere. Such couples are regarded as “legal
strangers” – as mere roommates. Loving, committed couples need to plan their
vacations carefully in case they have a medical emergency or other problem.
In different countries in the world, holding a same-sex
marriage ritual can involve anything from a great celebration to a risk of
arrest, trial and execution. The latter is the law in six predominately Muslim
countries. 17 countries have legalized (or are about to legalize) same-sex
marriage in the world as of February 2014.
In the year 2000, in the Netherlands, gay and lesbian
couples, who were either citizens of the Netherlands or who had residency
permits, were able to marry and adopt. This was the first country in the world
to make same-sex marriages available.
In 2003 Belgium said same-sex couples that were residents or
citizens could marry, but cannot yet adopt.
In 2005 in Spain the country legalized same-sex marriage.
In Canada since 2005 all loving, committed couples—both
same-sex and opposite-sex have been able to marry in nine out of ten province
and in all three territories of Canada. Both same-sex and opposite-sex couples
can marry in Canada whether they are Canadians or citizens of another country
if they meet the age and genetic requirements. Late 2009 public opinion polls
indicate that about two in three Canadian adults approve of marriage equality.
The topic is very rarely discussed in the media.
In 2006 South Africa legalized same-sex marriage.
In Norway same-sex couples have been able to marry since
2009.
In Sweden legislation was overwhelmingly passed by
Parliament to marry same-sex couples, which took effect in May 2009.
Mexico City became the first jurisdiction in Latin America
to legalize same-sex marriage on December 21, 2009.
In Ushuaia, Argentina, the southern-most city in the world
saw the first same-sex marriages in Latin America.
Amazingly, Portugal, in which 97% of the population
identifies with the Roman Catholic Church, legalized same-sex marriage in 2010.
In Iceland in 2010 the first same-sex couple to be married
was Prime Minister Johanna Sigurdardottir and her long-time female partner
Jonina Leosdottir.
Argentina faced intense opposition from the Roman Catholic
Church and evangelical Christian groups but signed into law same-sex marriage
in 2010.
India married its first same-sex couples in July 2011 by a
court in Haryana, close to New Delhi.
Brazil’s National Council of Justice ruled that notaries
public must perform same-sex marriages, register same-sex marriages performed
elsewhere, and convert same-sex civil unions into marriages when requested. This
decision effectively legalizes same-sex marriages across the country effective
May 2013.
In June 2013 France, New Zealand and Uruguay approved
same-sex marriage.
Same-sex marriage was legalized in England and Wales July
2013 and was made available in March 2014.
Same-sex marriage was legalized in Scotland February 2014.
Israel is unique in the world, in that many of its citizens
are unable to marry within their own country. Marriages in Israel are performed
under a “confessional community” system. There are a total of 15 recognized
religious communities, none of which recognize same-sex marriage. Jewish
couples must be from the orthodox community in order to be eligible to be
married in the country. Reformed Jews, Jews from other traditions, couples from
an unrecognized religious community, and couples who are unaffiliated with any
religion cannot marry in Israel. They must leave the country, get married
elsewhere, return to Israel, and register their foreign marriages. Due to a
loophole in the law, this applies also to same-sex couples. However, although
same-sex couples can register their marriages, their registration carries no
legal weight.
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