^ abNeither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
^Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
^A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
^Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
^Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
Several attempts have been made to establish a right to same-sex marriage at the international level through strategic litigation, at the Human Rights Committee of the United Nations and at the European Court of Human Rights, both of which currently have not yet recognized an equal right to marry for same-sex couples. The Human Rights Committee case was in 1999, with two same-sex couples as the plaintiffs/petitioners and the government of New Zealand as the defender/respondent. The ECHR case, Schalk and Kopf v Austria, was in 2010, with a same-sex couple as the plaintiffs/petitioners and the government of Austria as the respondents. Although both New Zealand and Austria then responded against the petitions then in each case, both countries now legally recognize same-sex marriage. However, new cases were raised regarding same-sex marriage recognition, e.g. Andersen v. Poland.[1]
Inter-American Court of Human Rights ruling
On 8 January 2018, the Inter-American Court of Human Rights (IACHR) ruled that the American Convention on Human Rights mandates and requires the legalisation of same-sex marriage. The landmark ruling was fully binding on Costa Rica and set binding precedent in the other signatory countries. The Court recommended that governments issue temporary decrees legalising same-sex marriage until new legislation is brought in. The ruling applies to the countries of Barbados, Bolivia, Chile, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Suriname. The Costa Rican Government subsequently announced that it would implement the ruling "in its totality",[2] and the Government of Panama has also signalled that it would accept the ruling.[3][4]
Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne
On 5 June 2018, the European Court of Justiceruled that European Union member states must recognise the freedom of movement and residency rights of same-sex spouses, provided one partner is an EU citizen.[5] The Court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. Furthermore, the Court ruled that the term "spouse" is gender-neutral, and that it does not necessarily imply a person of the opposite sex.[6][7]
The Supreme Court of the Netherlands ruled that is not discriminatory not to allow same-sex couples to marry, because marriage is open to procreation. However, the Hoge Raad stated that the Parliament is free to grant to same-sex couples most of marriage rights.[9]
The Transvaal Provincial Division in Langemaat v Minister of Safety and Security ordered a medical aid scheme to register the same-sex life partner of a member as a dependent, ruling that scheme regulations excluding same-sex partners were unconstitutionally discriminatory.[10][11]
The Supreme Court of Canada ruled in M. v. H. that cohabiting same-sex partners in a common-law marriage were entitled to the same rights as unmarried cohabiting opposite-sex partners.[12]
An Israeli court ruled that same-sex couples were entitled to pension benefits.
Yes
Israel
2001
Common-law status is once again expanded to allow a partner to claim guardianship of the other's child.
Yes
South Africa
July 2002
The Constitutional Court ruled in Satchwell v President of the Republic of South Africa that pensions and other financial benefits provided by an employer to spouses must also be provided to same-sex life partners who have undertaken a reciprocal duty of support.[14]
The Supreme Court of Venezuela ruled that the government is free to introduce measures that provide for economic benefits to same-sex couples, though it is not bound by law to do so.[16]
A lesbian couple who have lived together for 20 years has made a palimony suit the property division by eliminating de facto marriage.[18]
No
Israel
January 2005
The Supreme Court expanded the common-law status to include for adoption of a partner's child.
Yes
South Africa
December 2005
The Constitutional Court ruled in Minister of Home Affairs v Fourie that restricting marriage to opposite-sex couples was unconstitutional. The ruling, however, was suspended for one year to allow Parliament time to enact legislation to rectify the inequality.[19]
In Wilkinson v. Kitzinger and Others the High Court ruled that recognizing same-sex marriages performed abroad as "civil partnerships" over marriages was not discriminatory.[21]
The Supreme Court of Israel ruled that the government must recognize same-sex marriages performed abroad on par with opposite-sex marriages that have been performed abroad.[22]
Yes
South Africa
November 2006
Days before same-sex marriage became legal, the Constitutional Court ruled in Gory v Kolver NO that a same-sex life partner is entitled to inherit automatically when the other partner dies without a will.[23]
A Colombian court ruled that some common law benefits must be extended to same-sex couples.[24]
Yes
Colombia
January 2009
The Constitutional Court of Colombia later ruled that benefits for cohabiting same-sex couples must be expanded to give them equality with cohabiting opposite-sex couples.[25]
The Constitutional Court of Slovenia ruled that the registered partnership law excluding registered partners from inheritance rights was discriminatory and gave the Parliament six months to respond to the ruling.[26]
The Constitutional Court of Portugal ruled 3–2 that the statutory ban on same-sex marriage does not violate the Portuguese constitutional provision that prohibits discrimination based on sexual orientation.[27][28]
Two lesbians who recently married in Canada announced their intention to push for its recognition within Russia.[29][30] Russian courts have ruled that the two are not legally able to marry, and thus the two women are seeking to use a loophole for recognition only.[31]
The constitutionality of Italy's refusal to grant marriage licenses to same-sex couples was questioned before the Constitutional Court.[34][35] In April 2010, the court rejected the bids from Italian couples.[36]
After affirming the constitutionality of Mexico City's same-sex marriage law, the Supreme Court ruled that all Mexican states are required to recognize the marriages.
The Constitutional Court of Germany ruled that the twenty-point higher inheritance tax for registered partners as opposed to married opposite-sex couples violated the constitution. The government had until 2011 to amend the law.
France's highest court of appeal, the Court of Cassation, on November 17, 2010, asked the Constitutional Council to decide whether Articles 75 and 144 of the Civil Code are inconsistent with the preamble and Article 66 of the French constitution.[40][41][42] On January 28, 2011, the Council ruled that the law banning same-sex marriage is constitutional.[43]
No
Brazil
May 2011
On May 5, 2011, the Supreme Federal Court ruled 10-0 that same-sex stable unions must be recognized. This decision paved the way for future legalization on same-sex matrimonial rights.[44]
Yes
Brazil
June 2011
A judge in São Paulo converted a stable union into a civil marriage.[45]
Yes
Colombia
July 2011
The Constitutional Court of Colombia ruled that same-sex couples are at a legal disadvantage by being excluded from marriage and ordered Congress to rectify this issue by June 20, 2013. If the deadline is not met, same-sex couples would thenceforth be able to get married by a judge or a notary.[46]
The Gurgaon Court [State of Haryana] granted an individual marriage to a lesbian couple.[47]
Individual case
Brazil
October 2011
The Superior Court of Justice ruled that two women can legally marry. Differently from the U.S. Supreme Court's "stare decisis", the Superior Court decision would only reach the authors of the demand, but stood as a precedent that could be followed in similar cases. It is the highest court in Brazil to uphold a same-sex marriage. It overturned two lower courts' rulings against the women. The Court ruled that the Constitution guarantees same-sex couples the right to marry and that the current Civil Code does not prohibit the marriage of two people of the same sex. This decision paved the way for future legalization on same-sex matrimonial rights.[48]
A Court of Appeals in Santiago asked the Constitutional Court about the validity of Article 102 of the Civil Code that defines marriages only between a man and a woman, after three couples challenged the article.[49] The Constitutional Court rejected their bids in a 9–1 vote,[50] and subsequently, the Court of Appeals rejected the challenges.[51]
No
Italy
March 2012
The Supreme Court of Cassation ruled that same-sex couples are entitled to the same common law benefits as opposite-sex couples.[52]
Yes
Israel
December 2012
Ramat Gan family court allowed a gay couple to divorce.[53]
Yes
Mexico
December 2012
The Supreme Court of Justice of the Nation of Mexico ruled unanimously in favor of three same-sex couples who sued the state of Oaxaca for the right to marry. The ruling does not immediately eliminate marriage bans in other Mexican states, but it does set a legal precedent to begin challenging statewide marriage bans.[54]
Yes
Italy
January 2013
The Supreme Court of Cassation ruled that gay couples can bring up children as well as heterosexual couples. It also said that it was "mere prejudice" to assume that living with a homosexual couple could be detrimental for a child's development.[55][56]
The Constitutional Court of Austria ruled that same-sex couples who want to register their partnership will have the same ceremony offered to opposite-sex couples who want to marry. In addition, gay couples will be able to bring the witnesses.[57]
A Paraguayan gay couple asked an Asunceño judge to register their marriage which they performed in Argentina.[59] On 4 April 2013 the judge refused to register the couple's marriage because the Paraguayan Constitution establish that marriage can only be formed by a man and a woman. The petitioners announced their intentions to appeale the ruling.[60]
No
Italy
May 2013
An Italian judge recognises a civil partnership contracted by two Italian men in the UK. The couple registered their partnership in the local (Milan) Civil union register. It is the first time that occurs in the Italian jurisprudence.[61]
Yes
Brazil
May 2013
On May 14, 2013, the National Justice Council ruled 14-1 that every notary of Brazil must license and perform same-sex marriage and permit the conversion of any same-sex stable union into a marriage. The ruling was published on 15 May and took effect on 16 May 2013.[62]
A Civil Court in Bogotá ruled that a male same-sex couple has the right to marry.[63]
Yes
Greece
November 2013
In 2008 Greece passed a law which regulated cohabitation but excluded same-sex couples from enjoying the same benefits afforded to opposite-sex couples. On November 7, 2013, in Vallianatos and others v Greece the ECtHR ruled that is discriminatory excluding same-sex couples.[64]
Yes
Italy
2014
The Civil Court of Grosseto ordered the recognition of a marriage contracted by two Italian men in New York. It is the first time that occurs in the Italian jurisprudence.[65] In September 2014 an appellate court in Florence has overruled the lowers court decision. However, the court didn't rule on the constitutionality of the marriage, but insisted that the couple sued the wrong agency. The judges sent the case back to the Civil Court of Grosseto.[66]
Case dismissed
Costa Rica
2014
Two gay couples asked a Costa Rican court on May 16, to be married in a civil union.[67] The request of one couple was declined, but they said they have the intention to appeal the judgement.[68]
United with other similar cases ruled upon in 2018
Costa Rica
June 2015
A gay couple asked a Family Court in 2013 for the right to the benefits of de facto unions afforded to heterosexual couples. On 2 June 2015, the court ruled for the plaintiffs granting them pension, visitation and inheritance rights in their verdict. The couple became the first in the nation to have a same-sex union recognised. The effects of the ruling are on hold while a judicial review of a law referenced in the judge's opinion is pending.[69]
The Constitutional Court unified the criteria after Congress did not meet its 2013 deadline and, in practice, only some judges were performing marriages. The 2016 ruling indicates that judges and notaries are obliged to issue marriage licenses to same-sex couples.[71]
The court in central Changsha dismissed the suit brought against the civil affairs bureau for refusing to issue a marriage license to a gay couple. One of the plaintiffs, 26-year-old Sun Wenlin, said he would appeal the decision.[72][73]
After Seodeamun-gu office refused to grant marriage licenses to a same-sex couple, they asked a court on May 21, 2014, to be married.[74] The first oral argument was held on July 6, 2015, in Seoul. On 25 May 2016, the district court ruled against the couple and declared that same-sex marriage can't be granted under the current laws. The couple quickly filed an appeal against the district court ruling. In December 2016 the ruling was upheld by the Court of Appeal. The couple announced they would petition the Supreme Court.[75]
No
[Appealed ?]
Estonia
January 2017
The Tallinn Circuit Court recognized one marriage performed in Sweden, declaring that out-of state marriages are governed by the countries statutes they are concluded under, thus granting foreign same-sex spouses the same-rights as domestic opposite-sex spouses.[76]
Yes
Italy
February 2017
The Supreme Court recognized one marriage performed in France between an Italian women and her French partner by rejecting an appeal to the ruling from a Naples court recognizing the marriage.[77]
On 24 May 2017 the Constitutional Court ruled that same-sex couples have a right to marry, and gave the legislature two years to adequately amend Taiwanese marriage laws. According to the court ruling, if amendments are not passed within two years, same-sex marriages will automatically become legal.[78] Same-sex marriage became legal on 24 May 2019.
Yes
Estonia
June 2017
The Supreme Court of Estonia ruled that same-sex couples have a right to the protection of family life. Clarifying the courts' jurisdiction in the matter of applying legal protection in residence permit disputes, the Court ruled that Estonian law does not forbid issuing a residence permit to same-sex spouses.[79]
A couple married by the Greek municipality of Tilos in June 2008 sought to have their marriage recognized. However, the Supreme Court upheld earlier rulings by lower courts rejecting the legality of their marriage and thereby annulling it.They are expected to bring their case to the ECHR.[80][81]
No
[Appealed ?]
Austria
December 2017
The Constitutional Court ruled that same-sex couples have a right to marry, and gave the legislature until 01.12.2019 to adequately amend the Austrian Civil Code. According to the court ruling, if amendments are not passed until the date given, same-sex marriages will automatically become legal.The plaintiffs were allowed to marry immediately.[82][83]
The case of a Bulgarian couple that had married in the UK sought to have their marriage recognized in Bulgaria. The Sofia Administrative Court rejected their case labelling it "against the public order".[84]
The Supreme Court of Estonia held that despite the lack of implementing measures the Registered Partnership Act has taken effect and is valid as it found the denial of recognition to same-sex couples unconstitutional.[86][87]
The Supreme Court of Nepal held that denying a dependent visa for a foreign same-sex spouse of a Nepalese citizen is unlawful, as the Immigration Rules do not specify the gender of the spouse. The plaintiffs married in the U.S.[88]
Yes
Costa Rica
August 2018
Sala IV of the Constitutional Court ruled two articles of the Family Code (§14; §242) and article 4 of the Law of Young People unconstitutional giving lawmakers 18 months to amend the lawbooks in order to legalize same-sex marriage. If they fail to do so, it will become legal automatically.[89][90]
The "Sala de lo Constitucional" is studying whether to admit or not a case against article 11 of the Family code which defines marriage as "the legal union between a man and a woman". It was then rejected on procedural ground.[93][94]
Case dismissed
Poland
February 2019
The case of a Polish couple seeking to get their Portuguese marriage recognized was rejected by the "Wojewódzki Sąd Administracyjny w Warszawie" but the court also ruled that the Polish constitution does not prohibit same-sex marriage.[95]
On 29 June 2018 a Judge in Cuenca admitted two same-sex marriages relying on the IACRH ruling. However, this decision was overruled by the Labor Chamber of the Provincial Court of Justice due to an appeal by the Civil Registry.[96][97] The case was heard by the Constitutional Court,[98][99] which then voted 5-4 that the IACRH ruling is applicable, thus legalizing same-sex marriage in Ecuador.[100]
Yes
Estonia
July 2019
The Supreme Court of Estonia held one section of the Aliens Act unconstitutional, thereby granting residency rights for same-sex couples married abroad equal to those of different-sex couples.[101]
Arguments at the Supreme Court of the Philippines on same-sex marriage in response as part of the Falcis III vs. Civil Registrar-General case were heard June 19, 2018.[102] They were rejected on procedural grounds in September 2019.[103] The case was dismissed due to Falcis III not seeking marriage for himself or has presented an actual case.[104]
A case brought to the attention of the Civil Registrar to recognise same-sex marriage between a citizen of Poland and the United Kingdom. The Supreme Administrative court ruled that recognising same-sex marriage contracted abroad would undermine the Polish legal system, that the denial to recognise marriage does not interfere with the right to family life.[105] The case was later taken to the European Court of Human Rights as Andersen v. Poland.[1]
Chile
June 2020
After the Constitutial Court ruled in a separate case that marriage is a fundamental right, a couple filed a lawsuit against the Civil Registry in January 2019 for denying them a marriage licence and family protection. After the Court of Appeals refused to admit the case, the Supreme Court interfered in February 2019, ordering the case to continue its legal proceeding through the Court of Appeals.[106][107] It then ruled the refusal of the Civil Registry not to be illegal. The plaintiffs appealed to the Supreme Court.[108] The petition was then rejected by the Constitutional Court 5–4.[109][110]
The Constitutional Court heard a case on 20 June 2018 regarding the registration and recognition of a marriage performed abroad[111] On 3 Nov 2020, the Court voted 4–3 to reject the petition to register the marriage.[112]
The Constitutional Court ruled that same-sex partners are entitled to paternal leave. Furthermore, they noted that the state has an obligation to protect the families of same-sex partners as well.[113]
A court of first instance ruled that the Civil Register of Bolivia has to recognize a same-sex couple as a "free union", as the denial thereof constitutes discrimination under Bolivian law.[114][115]
Yes
Japan
March 2021
The Sapporo District Court ruled that the ban on same-sex marriage was inconsistent the constitution's requirement for equal treatment, but left it to the legislature to resolve the problem.[116]
The Constitutional Court of Thailand ruled that the current definition of marriage does not violate the equality clause in the Constitution. Nonetheless, the court called on Parliament and Government to discuss reforms concerning same-sex unions.[117]
In May 2018 two lawsuits were filed regarding same-sex marriage in Honduras, one was rejected due to technical errors. In January 2022, the Supreme Court rejected the appeal seeking access to same-sex marriage. The litigants have announced they will seek redress at the Interamerican Court of Human Rights.[118]
No
Russia
March 2022
The Grand Chamber of the ECtHR accepted the referral of a case against the Russian Government after a Chamber Judgement found the lack of legal recognition for same-sex couples to breach Art. 8 of the EHRC.[119]
Jurisdiction withdrawn when Russia was expelled from the Council of Europe[120]
The Constitutional Court denied an appeal seeking recognition of same-sex marriages conducted in foreign countries, saying the constitution limits marriage to opposite-sex couples. The Court also indicated that it did not believe the country was beholden to the previous Interamerican Court of Human Rights opinion requiring the country to legalize same-sex marriage on the ground that the court had been politicized.[121][122]
No
Japan
June 2022
The Osaka District Court ruled that the ban on same-sex marriage was constitutional, disagreeing with an earlier ruling by the Sapporo District Court.[123]
No
Slovenia
July 2022
The Constitutional Court ruled that ban same-sex marriage and joint couple adoption violated the constitutional right to equal treatment, and ordered that its ruling take effect immediately. It also ordered Parliament to amend the law to bring it in compliance within six months, which the government announced it would do.[124]
Yes
Suriname
February 2023
The Constitutional Court ruled the ban on same-sex marriage does not violate the constitution or Suriname's obligations under the Interamerican Convention on Human Rights. However, the court also found that the Civil Code is outdated and needs to be modernized following public debate.[125]
After a seven-year delay, the Supreme Court of Justice ruled that there is no positive right to same-sex marriage under the Panamanian constitution or law.[126]
In 2017, filing a lawsuit in the Windhoek High Court, a Namibian-South African couple sought to have their South African marriage recognized in Namibia in order to obtain residency rights and get their adopted children recognized as theirs.[127][128] In 2019 two other cases of same-sex couples married abroad were filed, too.[129] The High Court ruled against them, finding itself bound to a precedent by the Supreme Court. The couple might appeal the court decision.[130] In May 2023, the Supreme Court ruled that the government must recognize foreign same-sex marriages equally to opposite-sex marriages, in accordance with the constitutional protections for equality and dignity.[131]
In June, 2019, 7 same sex couples filed suit in the ECHR claiming that the lack of legal protection for same-sex relationships is unconstitutional and a breach to a decision by the ECHR (Oliari and Others v. Italy).[132] The ECHR ruled that Romania violates of Art. 8 European Convention on Human Rights in refusing to grant same-sex couples some form of legal recognition.[133]
Yes
Nepal
July 2023
A couple is challenging the country's 2017 Civil Code before the Supreme Court, to secure the right for two people of any gender to marry. The hearing has been postponed to November 8, 2023.[134] On 28 June 2023, a single judge bench of the Nepal Supreme Court issued a groundbreaking order directing the government to establish a "separate register" for "non-traditional couples and sexual minorities" to "temporarily register" them. However, the Kathmandu District Court rejected a marriage registration application on 13 July.[135][136] The couple appealed to the Patan High Court, but the High Court rejected the appeal on 6 October 2023.[137]
India
October 2023
On 17 October 2023, the Supreme Court ruled unanimously that the legalization of same-sex marriage is a matter for the Parliament to decide, not the courts. In a 3–2 decision, it also ruled against ordering the government to introduce civil unions, and in a separate 3-2 decision, ruled against ordering the government to allow adoption by same-sex couples. The majority opinion of the court also states that transgender people in a heterosexual relationship may marry. However, the court unanimously accepted the government's suggestion that it set up a high-powered committee headed by the Cabinet Secretary to investigate the discrimination faced by LGBT people and study providing limited legal rights and benefits to same-sex couples.
No
Poland
December 2023
The plaintiffs sue the Government of Poland for the lack of legal recognition of same-sex unions in the ECtHR.[119] In December 2023, the ECtHR ruled that the lack of same-sex unions violates the Convention.
In May 2016 the Constitutional Court overturned a lower courts decision to deny a same-sex marriage application, stating that for thought there are no provisions allowing for the recognition of same-sex couples, it must be considered if this lack does not violate the Constitution of Latvia or the European Convention on Human Rights and if it would not be necessary to grant them a protection under terms different from marriage.[139]
A man is challenging that while the civil code of Georgia is explicitly between a man and a woman, the Constitution does not reference sex/gender in its section on marriage. The plea was launched in 2016.[140]
On February 14, 2019, 13 same sex couples filed suit in Tokyo, Osaka, Nagoya, and Sapporo claiming that the denial of same-sex marriages is unconstitutional [142] Another three couples filed in Fukuoka a few months later.[143]
While the district court in Sapporo ruled in favor of the plaintiffs,[144][143] the district court in Osaka upheld the same-sex marriage ban.[145]
In July, 2019, a lesbian couple launched a legal challenge after being rejected in the civil registry in Novi Sad.[146]
El Salvador
Litigation pending
In August 2019 La Sala Constitutional accepted a case to review the constitutionality of the articles 11, 90.3 and 118 of the Family Code. LGBT-rights organizations called on the court to respect the IACHR ruling concerning same-sex marriage.[147]
Bess v. Ulmer unsuccessfully challenged the validity under the Alaskan Constitution of Alaska's Civil Code ban on same-sex marriage. The Supreme Court of Alaska overturned an earlier court ruling favoring further hearings.
Baehr v. Miike unsuccessfully challenged the validity of the same-sex marriage ban under the Constitution of Hawaii. The Supreme Court of Hawaii overturned an earlier court ruling favoring legalization, as a newly passed constitutional amendment limited the provisions the lower court relied on.
In Baker v. Vermont the Vermont Supreme Court found that the Constitution of Vermont mandates to grant same-sex couples the same rights as opposite-sex ones. Nonetheless, it did not legalize same-sex marriage.
In Frandsen v. County of Brevard the Florida Fifth District Court of Appeal found that the denial of marriage licenses to same-sex couples did not violate the state Constitution's equal protection for gender classifications.
The Court of Appeal of British Columbia ordered in Barbeau v. British Columbia 2003 BCCA 251, requiring the Federal Government to legalize same-sex marriage and ordering that the ruling in the Province take effect immediately.
In Goodridge v. Department of Public Health the Supreme Judicial Court found that the then-current definition of marriage was unconstitutional thus legalizing same-sex marriage.
The Québec Court of Appeal ordered in Hendricks and Leboeuf v. Québec, that the wording of marriage be changed form "homme et femme" to "époux" and ordering that it take effect immediately.
The Supreme Court of the Yukon Territory ordered in Dunbar & Edge v. Yukon (Government of) & Canada (A.G.), 2004 YKSC 54, that the Yukon common law definition of marriage be changed immediately to be "the voluntary union for life of two persons to the exclusion of all others."
The Nova Scotia Supreme Court ordered in Boutilier v. Canada (A.G) and Nova Scotia (A.G), that the then-current law was unconstitutional, thereby legalizing same-sex marriage in the Province
The Court of Queen's Bench of Saskatchewan ordered in N.W. v. Canada (Attorney General), that the then-current law was against the Charter of Human Rights, thereby legalizing same-sex marriage in the Province
In Li and Kennedy v. State of Oregon the Oregon Supreme Court ruled against Multnomah County, stating that it is not entitled to perform same-sex marriages under the current statutes. Nonetheless, the court refused to rule on same-sex marriage by itself.
In Lewis v. Harris the Supreme Court that the "unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our State Constitution." It gave the lawmakers 6 month to introduce Civil Unions.
The Supreme Court of the Netherlands's ruling applied to the Netherlands Antilles in addition to Aruba.
Yes
New York
United States
February 2008
In Martinez v. County of Monroe the Appellate Court held that New York has to recognize out-of state same-sex marriages as it recognizes all other valid out-of state marriages.
In Conaway v. Deane & Polyak the Court of Appeals held that the then-current defenition of marriage did not constitute discrimination under the Maryland Constitution.
In Varnum v. Brien the Iowa Supreme Court held that it is unconstitutional to deny same-sex couples the right to marry, thereby legalizing same-sex marriage.
In Christiansen v. Christiansen the Supreme Court of Wyoming granted a Canadien same-sex couple divorce stating that the decision about recognition of foreign same-sex unions would be "left for another day".
The Corregedoria Geral da Justiça of Alagoas ruled that officials have to perform same-sex marriages in the state.[151]
Yes
Maryland
United States
May 2012
In Port v. Cowan the Court of Appeals held that there is no legal reason not to recognize valid foreign marriages or marriages form other jurisdictions where it is legal, thereby legalizing the recognition of foreign same-sex marriages.
Yes
Sergipe
Brazil
July 2012
The Corregedoria Geral da Justiça of Sergipe regulated same-sex marriage in the state by "Provimento nº 06/2012".
Yes
Espírito Santo
Brazil
July 2012
The Corregedoria Geral da Justiça of Espírito Santo issued a "circular letter" telling notaries to perform same-sex marriages in the state.
Yes
Bahia
Brazil
November 2012
The Corregedoria Geral da Justiça of Bahia adopted the current definition of marriage to include same-sex marriages in the state.[152]
Yes
Federal District
Brazil
December 2012
A court in the Federal District found that same-sex marriages could be performed without injunctions in the district.[153]
Yes
Piauí
Brazil
December 2012
The Corregedoria Geral da Justiça of Piauí found that same-sex marriages could be performed without injunctions in the district.
In Donaldson v. State of Montana the Montana Supreme Court held that the constitutional ban on same-sex marriage does not preclude them from anything but the term marriage and thus does not violate the basic rights of anybody.
No
São Paulo
Brazil
December 2012
The Corregedoria Geral da Justiça of São Paulo found that same-sex marriages could be performed without injunctions in the district.[154]
Yes
Paraná
Brazil
March 2013
The Corregedoria Geral da Justiça of Paraná found that same-sex marriages are possible under the current procedure.[155]
The Corregedoria Geral da Justiça of Santa Catarina authorized same-sex marriages if both applicants are resident to the state.[158]
Yes
California
United States
June 2013
In Hollingsworth v. Perry the Supreme Court of the United States vacated the decision of the circuit court of appeals and reinstated the original decision of the district court. This has the effect that California's Proposition 8, a voter-approved referendum that took away the right of same sex-marriage that previously had been approved by the state's courts, is struck down and same-sex marriage will resume in California.
Case dismissed Same-sex marriage in California resumes
The High Court of Australia reviewed the constitutionality of the Marriage Equality Bill approved in October by the Australian Capital Territory[159] It declared on December 12 that same-sex marriage can only be legalised by the Federal government.
In Griego v. Oliver the New Mexico Supreme Court found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage, upholding the ruling of a lower court.
Schmidt and Schuh v. Alaska held that same-sex couples have to be granted the same property tax exemptions.
Yes
Wisconsin
United States
May 2014
In Halopka-Ivery v. Walker a couple married in California sought to challenge Wisconsin's statute imposing criminal penalties on residents who contract in other jurisdictions a marriage that is not recognized by the state and have their marriage recognized claiming that the state's "parallel civil marriage and domestic partnership structure" denied them access to federal benefits. The Wisconsin Supreme Court declined their case one month after it was filed
In In the Matter of the Marriage of A.L.F.L. and K.L.L. the 45th Judicial District Court of Bexar County found the then-current defenition of marriage to be unconstitutional and thus let the petition for divorce proceed.
In Barrier v. Vasterling the Missouri Circuit Court ruled that not recognizing out-of state same-sex marriages violated the plaintiffs rights, thus recognizing such unions in the state.
In Bishop v. United States the Tenth Circuit Court of Appeals complied with a District Court Ruling that found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage after an appeal to the U.S. Supreme Court was rejected.
In Bostic v. Schaefer the U.S. District Court for the Eastern District of Virginia found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage after an appeal to the U.S. Supreme Court was rejected.
In Jackson v. Fuddy the Ninth Circuit Court of Appeals found that the lower court ruling upholding the same-sex marriage ban was voided by the new Marriage Equality Act, dismissing the case.
A district court in a case in which Guzzo v. Mead, found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage.
The U.S. District Court for the District of Arizona in a case in which Connolly v. Roche and Majors v. Horne were united, found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage.
In Schmidt v. Moriarty the Kansas Supreme Court found that a judge licensing same-sex marriage did act within his jurisdiction, it did not rule about the issue of same-sex marriage by itself
Yes
Missouri
United States
November 2014
In State of Missouri v. Florida the St. Louis Circuit Court found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage in St. Louis County.
Yes
Utah
United States
November 2014
In McGee v. Cole the United States District Court for the District of Utah ordered the state to permanently licence same-sex marriages and dismissed a permanent stay to a previous court ruling. It was issued after the Tenth Circuit Court of Appeals and the U.S. Supreme Court refused to issue stays extending to more than October 2014.
The Alabama Policy Institute and the Alabama Citizens Action Programm filed a lawsuit asking the Alabama Supreme Court to order the state's probate judges to deny marriage licenses to same-sex couples in the Alabama Supreme Court, which found the current same-sex marriage ban did not violate the U.S. constitution, thus barring any same-sex marriages in the state.
In Wright v. Arkansas the Supreme Court of Arkansas dismissed an appeal to the ruling of a lower court legalizing same-sex marriage until the ruling was stayed as moot after Obergefell v. Hodges.
Dismissed
Missouri
United States
June 2015
In Lawson v. Kelly the Jackson County Circuit Court found the then-current defenition of marriage to be unconstitutional and thus legalized same-sex marriage, but the decision was stayed pending an appeal to the Eighth Circuit Court of Appeals, which lifted the stay complying with Obergefell v. Hodges.
In Waters v. Ricketts the Eighth Circuit Court of Appeals reaffirmed a lower courts ruling, lifting the stay on the decision and granting a general injunction, thus legalizing same-sex marriage in the state.
In Robicheaux v. George the Fifth Circuit Court of Appeals ordered the state to recognize and register out-of state same-sex marriages, thus complying with Obergefell v. Hodges.
In Campaign for Southern Equality v. Bryant the Fifth Circuit Court of Appeals lifted the stay on a lower courts ruling, thus legalizing same-sex marriage in the state.
Yes
Texas
United States
July 2015
In Texas v. Naylor the Supreme Court of Texas upheld a lower courts ruling to grant divorce to a same-sex marriage that has never been recognized in Texas, denying the state a right to intervene..
Yes
Texas
United States
July 2015
The Fifth Circuit Court of Appeals in the case De Leon v. Perry, amanded a lower court decision just ordering review of the statute banning same-sex marriage, complying with Obergefell v. Hodges.
Yes
Louisiana
United States
July 2015
The Louisiana Supreme Court in the case Costanza v. Caldwell dismissed an appeal by the state, lifting the stay on a lower which subsequently declared the same-sex marriage ban unlawfull, complying with Obergefell v. Hodges.
The Tenth Circuit Court of Appeals issued an order declaring that "Article 15, § 16 of the Kansas Constitution, ... and any other Kansas statute, law, policy, or practice that prohibits issuing marriage licenses to same-sex couples in Kansas or recognizing such marriages on the same terms and conditions that apply to opposite-sex couples contravene the Fourteenth Amendment to the United States Constitution.
Yes
Mississippi
United States
December 2015
In Czekala-Chatham v. Melancon the Mississippi Supreme Court granted divorce to a same-sex couple which was never recognized under state law, complying with Obergefell v. Hodges.
The Supreme Court of Justice ruled that the current definition of marriage was discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state.[161]
In cases from Travis County the Supreme Court of Texas dismissed efforts to let common-law same-sex marriages be voided.
Dismissed
Alabama
United States
April 2016
In Hard v. Strange the Eleventh Circuit Court of Appeals upheld a lower courts ruling amending a death certificate to include the marriage previously concluded in Massachusetts.
A gay Bermudian and his fiancé have been granted leave to argue in the Supreme Court that they should be allowed to wed on the island.[162] On 5 May 2017 the ban on gay marriage within Bermuda was declared unconstitutional by a unanimous decision within the Supreme Court of Bermuda. The Bermuda Government responded with a domestic partnership law in February 2018.[163]
An act of unconstitutionality was filed in April 2016 against the Civil Code of the state. The Supreme Court of Justice then ruled that the current definition of marriage was discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state.[164]
An act of unconstitutionality was filed in April 2016 against the Civil Code of the state. The Supreme Court of Justice then ruled that articles 294 and 300 of the Civil Code were discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state.[165]
An act of unconstitutionality was filed in February 2018 against the Civil Code of the state. The Supreme Court of Justice then ruled that articles 140 and 148 of the Civil Code were discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state.[167]
The Supreme Court of Justice ruled that articles 143, 144 and 113 of the Civil Code were discriminatory and thus unconstitutional, thereby legalizing same-sex marriage in the state.[168][169]
Yes
Hong Kong
China
June 2019
The court found that denying spousal benefits to same-sex couples married abroad is not in accordance with the Basic Law.[170]
Yes
Hong Kong
China
October 2019
In August 2018 the High Court heard a case seeking to recognise civil partnerships in a preliminary hearing, and it is expected to be heard in the first half of 2019.[171][172][173] The Court then dismissed the case, as it found it was not for the courts to solve.[174][175]
Dismissed
Hong Kong
China
September 2020
In January 2019 the High Court agreed to hear a challenge to the city's refusal to recognise same-sex marriage, argueing that the inability of same-sex couples to get married violated their right to equality under the city's Bill of Rights and the Basic Law.[176] The case got rejected as "too ambitious".[177]
The Immigration Appeals Tribunal ruled that the Irish same-sex marriage of a permanent resident has to be recognized for the purpose of granting the husband the status of spouse of a permanent resident. It held that differentiating between same-sex and opposite-sex marriages would be unconstitutional.[178]
A case heard by the Court of Appeal on 16 March 2018 by an anonymous couple seeking to convert their Civil Union into marriage.[179] Meanwhile, in December 2020, the Northern Ireland Assembly legalized such conversions.[180]
Further proceedings?
Bermuda
UK
March 2022
The Domestic Partnership Act 2018 replacing equal marriage was found discriminatory and unconstitutional by the Supreme Court in June 2018, but the ruling was stayed for an appeal by the Government. The Court of Appeal in November 2018 rejected the appeal thus relegalizing same-sex marriage in Bermuda.[181] The Government has filed an appeal to the Privy Council, however, the ruling of the Court of Appeal is not stayed.[182] The Privy Council heard the case on 3 and 4 of February 2021.[183] On 14 March 2022, the Privy Council overturned the ruling of the Court of Appeal and ruled that legislation banning same-sex marriage in Bermuda was not unconstitutional.[184]
No
Cayman Islands
UK
March 2022
In April 2018 a lawsuit against the statutory same-sex marriage ban was filed in the Grand Court. The hearing took place in February 2019.[185][186] The court than ruled the current defenition of marriage unconstitutional.[187][188] The ruling was appealed by the government,[189] and stayed. The Court of Appeal reversed the ruling of the Grand Court, stating that it relied too much on court rulings not being relevant for the case and thus again banning same-sex marriage on the island. Nonetheless, the Court of Appeal noted that some kind of recognition has to be granted, and that the government of the UK must step in, given that no Civil Unions are implemented.[190] The Privy Council heard the case on 23 and 24 February 2021.[191] On 14 March 2022, the Privy Council ruled that the Constitution did not provide right for same-sex marriage.[192]
In August 2020 the National Human Rights Commission filed a case of unconstitutionality against the Civil Code of the state.[193] The court ruled the articles in question to be void.[194]
Yes
Curaçao and Aruba
Netherlands
July 2024
In September 2021, the Court of First Instance found that the exclusion of same-sex couples from marriage in Curaçao was contrary to the equality principle in the constitution, but left it to the legislature to address the unlawful discrimination.[195] In December 2022, the Joint Court of Justice of Aruba, Curaçao, and Sint Maarten ruled that the ban on same-sex marriage in Aruba and Curaçao was unlawful discrimination and that same-sex couples must be allowed to marry in those islands.[196] The Supreme Court of the Netherlands upheld the previous ruling. Furthermore, it supported the view of the Joint Court of Justice that no legislative action is needed for same-sex marriage to be available in Aruba and Curaçao.[197]
Yes
Virgin Islands
UK
Pending
A Virgin Islands couple who were married in the UK filed suit in 2021 seeking local recognition of their marriage.[198] The case is set to be heard at the Eastern Caribbean Supreme Court in September 2022.[199]
^The Netherlands proper, as well as the special Caribbean municipalities of Bonaire, Saba, and Sint Eustatius, and the constituent countries of Aruba and Curaçao. Same-sex marriages performed there are also recognized in Sint Maarten.