Friday, June 22, 2018

Marriage equality around the world

Article maintained with Evan Wolfson, Rob Salerno and Andrés Duque. Last update: June 22, 2018.
Same-sex couples can marry in 25 nations and in 44 other jurisdictions around the world:
Netherlands (2001), Saba (2012), Bonaire (2013), Sint Eustatius
Belgium (2003)
Canada (2003-2005)
USA (2004-2015), Guam (2015), Northern Mariana Islands (2015), Puerto Rico (2015), U.S. Virgin Islands (2015)
Spain (2005), Canary Islands (2005), Ceuta (2005), Melilla (2005)
South Africa (2006)
Norway (2009)
Sweden (2009)
Argentina (2010)
Iceland (2010)
Portugal (2010), Azores (2010), Madeira (2010)
Mexico (2010-2018; full article here)
Denmark (2012), Greenland (2016), Faroe Islands (2017)
France (2013), French Guiana (2013), French Polynesia (2013), Guadeloupe (2013), Martinique (2013), Mayotte (2013), New Caledonia (2013), Réunion (2013), Saint Barthélemy (2013), Saint Martin (2013), Saint Pierre and Miquelon (2013), Wallis and Futuna (2013)
Brazil (2013)
Uruguay (2013)
New Zealand (2013)
England and Wales (2014), Akrotiri and Dhekelia (2014), British Indian Ocean Territory (2014, 2015), Scotland (2014), South Georgia and the South Sandwich Islands (2014), Pitcairn Islands (2015), Ascension Island (2016), Isle of Man (2016), British Antarctic Territory (2016), Gibraltar (2016), Guernsey (2017), Falkland Islands (2017), Tristan da Cunha (2017), Saint Helena (2017), Jersey (2018), Alderney (2018)
Luxembourg (2015)
Ireland (2015)
Colombia (2016)
Finland (2017)
Malta (2017)
Germany (2017)
Australia (2017), Christmas Island, Cocos (Keeling) Islands, Norfolk Island

Final rulings issued
Austria
The Constitutional Court struck down the ban on marriage equality on Dec. 5, 2017, and also extended the nation's same-sex registered-partnership law to opposite-sex couples. The ruling takes effect Jan. 1, 2019, if the government doesn't implement it sooner.
Taiwan
The Constitutional Court declared the ban on same-sex marriage unconstitutional on May 24, 2017, and gave the Legislative Yuan no more than two years to change laws. If it doesn't, marriage equality arrives automatically.
Opponents are attempting to force public votes on the definition of marriage and on creating civil unions for same-sex couples instead of letting them marry. If opponents collect 281,745 valid voter signatures, per question, by the end of August, then on Nov. 24 voters will be asked: "Do you agree with using means other than the marriage regulations in the Civil Code to protect the rights of two people of the same gender to build a permanent life together?" and "Do you agree that the marriage regulations in the Civil Code should define marriage as between a man and a woman?"
If a voter referendum passes that conflicts with a Constitutional Court ruling, the law created by the referendum would have to be challenged in a new court case. Meanwhile, marriage-equality activists are urging the Legislative Yuan to stop delaying implementation of the 2017 Constitutional Court ruling and immediately bring in marriage equality by adding same-sex couples to the marriage regulations in the Civil Code.
Sixteen Americas nations
On Jan. 9, 2018, the Inter-American Court of Human Rights ordered Costa Rica to let same-sex couples marry. The ruling was immediately binding on Costa Rica — though weddings have been delayed as the executive branch battles the bureaucracy — and is binding precedent for 19 other signatories to the American Convention on Human Rights that accept the court's jurisdiction: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname and Uruguay. Marriage equality is already in place in Argentina, Brazil, Colombia and Uruguay, and Mexico has marriage equality in many states.
"All countries are obligated to apply the Convention as the court applies it, so it is binding on all as precedent," said Hunter T. Carter, a partner at Arent Fox who has tried a case in the Inter-American Court and represents Chilean same-sex couples in the Inter-American system.

Notes
Dutch Caribbean
Overseas municipalities Bonaire, Saba and Sint Eustatius have marriage equality. Constituent countries Aruba, Curaçao and Sint Maarten do not, though they partially recognize Dutch marriages from elsewhere.
Mexico
Mexican states (there are 31) are a hotspot of the marriage-equality movement. To date, 13 states have achived full marriage equality via three different pathways. My article is here.
French places
All 11 overseas departments and collectivities — see the France entry above — have marriage equality. The links above show a same-sex couple marrying in nine of the jurisdictions.
British places
See above for the lengthy list of British places with marriage equality. Northern Ireland, Sark (part of Guernsey) and the overseas territories Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Montserrat, and Turks and Caicos Islands do not have marriage equality.
Bermuda
A law repealing marriage equality and replacing it with domestic partnerships that offer the benefits of marriage took effect June 1, 2018, making the Bermuda government the first in the world to end marriage equality. On June 6, 2018, the portion of the law that re-banned marriage equality was struck down by the same court that had legalized marriage equality in May 2017. The government said it will appeal the strikedown, which was stayed from taking effect for six weeks, to the Court of Appeal.
There has been only one other repeal of marriage equality in history: California voters ended marriage equality via a ballot initiative (Prop 8) in 2008. A court ruling overturning the voters' decision took effect in 2013 when the U.S. Supreme Court declined to hear an appeal by the initiative's sponsors. Voters in the U.S. state of Maine once blocked a marriage-equality law from coming into force, in 2009, and then reversed themselves and allowed marriage equality, in 2012. Voters in Slovenia blocked a marriage-equality law from coming into force in 2015.
Ireland
On May 22, 2015, Ireland became the first nation to legalize same-sex marriage by popular vote. Irish people amended their constitution to bring in marriage equality by a landslide margin of 62.07% to 37.93%.
U.S. territories
Four of the five U.S. territories — Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands — were covered by the U.S. Supreme Court's nationwide marriage-equality ruling on June 26, 2015. American Samoa was not.
The United States Minor Outlying Islands — Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll and Wake Island in the Pacific Ocean, and Navassa Island in the Carribean Sea — would have marriage equality. Their only population nowadays is a small number of temporarily assigned scientists and military personnel.
Antarctica
Marriage equality exists in much of Antarctica, given the nations that claim portions of the continent as national territory: Argentina, Australia, Chile, France, New Zealand, Norway, United Kingdom.
On the high seas
Same-sex couples can marry at sea on Celebrity Cruises ships, courtesy of the Malta Parliament's passage of marriage equality in July 2017.
U.S. Indian tribes
There are 567 of them, and they are not covered by the June 26, 2015, U.S. Supreme Court ruling that legalized same-sex marriage nationwide. At least 22 tribes, listed below, have legalized same-sex marriage to date. A number of others follow the marriage law of the state in which they are located, so same-sex marriage is legal within the tribe without any additional tribal action.
• Coquille Indian Tribe in Oregon (2009)
• Mashantucket (Western) Pequot Tribal Nation in Connecticut (2010)
• Suquamish Tribe in Washington (2011)
• Port Gamble S'Klallam Tribe in Washington (2012)
• Little Traverse Bay Bands of Odawa Indians in Michigan (2013)
• Confederated Tribes of the Colville Reservation in Washington (2013)
• Pokagon Band of Potawatomi Indians in Michigan (2013)
• Iipay Nation of Santa Ysabel in California (2013)
• Cheyenne and Arapaho Tribes in Oklahoma (2013)
• Leech Lake Band of Ojibwe in Minnesota (2013)
• Puyallup Tribe of Indians in Washington (2014)
• Eastern Shoshone Tribe and Northern Arapaho Tribe in Wyoming (2014)
• Tlingit and Haida Indian Tribes in Alaska (2015)
• Oneida Tribe in Wisconsin (2015)
• Keweenaw Bay Indian Community in Michigan (2015)
• Confederated Tribes of Siletz Indians in Oregon (2015)
• Confederated Tribes of Grand Ronde in Oregon (2015)
• Oglala Sioux Tribe in South Dakota (2016)
• Cherokee Nation in Oklahoma (2016)
• Osage Nation in Oklahoma (2017)
• Ho-Chunk Nation in Wisconsin (2017)
• Ak-Chin Indian Community in Arizona (2017)

Map
The Human Rights Campaign produced this nice map. Enlarging it to about 400% reveals every speck of Earth where same-sex couples can marry.

Watch list
This section is now a separate article: Worldwide Marriage Equality Watch List. Click here to read about the places on the planet most likely to see marriage equality next.

Geography lesson
Where are those 44 other jurisdictions of Australia, Denmark, France, Netherlands, Portugal, Spain, UK and USA?
Australia
• Christmas Island » Indian Ocean
• Cocos (Keeling) Islands » Indian Ocean
• Norfolk Island » South Pacific Ocean
Denmark
• Faroe Islands » North Atlantic Ocean
• Greenland » between North Atlantic and Arctic oceans
France
• French Guiana » South America
• French Polynesia » South Pacific Ocean
• Guadeloupe » Caribbean Sea
• Martinique » Caribbean Sea
• Mayotte » Indian Ocean
• New Caledonia » South Pacific Ocean
• Réunion » Indian Ocean
• Saint Barthélemy » Caribbean Sea
• Saint Martin » Caribbean Sea
• Saint Pierre and Miquelon » next to Newfoundland
• Wallis and Futuna » South Pacific Ocean
Netherlands
• Bonaire » Caribbean Sea
• Saba » Caribbean Sea
• Sint Eustatius » Caribbean Sea
Portugal
• Azores » North Atlantic Ocean
• Madeira » North Atlantic Ocean
Spain
• Canary Islands » North Atlantic Ocean
• Ceuta » Africa
• Melilla » Africa
United Kingdom
• Akrotiri and Dhekelia » Cyprus
• Alderney » English Channel
• Ascension Island » South Atlantic Ocean
• British Antarctic Territory
• British Indian Ocean Territory
• Falkland Islands » South Atlantic Ocean
• Gibraltar » attached to Spain
• Guernsey » English Channel
• Isle of Man » Irish Sea
• Jersey » English Channel
• Pitcairn Islands » South Pacific Ocean
• Saint Helena » South Atlantic Ocean
• Scotland » Great Britain
• South Georgia and the South Sandwich Islands » South Atlantic Ocean
• Tristan da Cunha » South Atlantic Ocean
• Wales » Great Britain
USA
• Guam » North Pacific Ocean
• Northern Mariana Islands » North Pacific Ocean
• Puerto Rico » Caribbean Sea
• U.S. Virgin Islands » Caribbean Sea
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