We note that processes for obtaining a marriage license for same-sex couples in some countries differ across localities, such as in Mexico where, in light of a constitutional court ruling, some states have enacted marriage equality while, in other states, same-sex couples must seek an amparo from a federal court to obtain a license. Same-sex married couples in many of these 30 countries do not share all of the same rights and benefits as different-sex married couples, such as the right to adoption.
In some countries, same-sex couples also experience additional restrictions. For example, in Taiwan same-sex marriage is only available to Taiwanese citizens or a citizen of a foreign country that recognizes same-sex marriage who seeks to marry a Taiwanese citizen. By clicking "GO" below, you will be directed to a website operated by the Human Rights Campaign Foundation, an independent c 3 entity. By using this site, you agree to our use of cookies.
To learn more, please read our Privacy Policy. Accept More Information. Processes of Legalization 21 countries have legalized same-sex marriage nationally through legislation. Among these, Australia, Ireland and Switzerland legalized same-sex marriage through legislation only after nation-wide votes.
Countries that Legalized Marriage Equality in Austria: The Constitutional Court of Austria ruled on December 4, that denial of marriage equality was discriminatory, legalizing same-sex marriage. States have two types of bans on same-sex marriage: statutory and constitutional. There were two phases of same-sex marriage bans, according to Pierceson.
The first one began in the s, when gay couples would apply for marriage licenses and many state judges at the time ruled that these unions were not prohibited. This prompted lawmakers to explicitly outlaw same-sex marriage. In , Maryland became the first state to do so. Other states quickly followed, with Virginia , Arizona and Oklahoma passing similar laws in , and Florida , California , Wyoming and Utah doing so in That ruling prompted state and federal lawmakers to take action.
Utah was first to enact a statutory ban in response to that decision in , and then a year later, Congress passed the federal Defense of Marriage Act, or DOMA, which defined marriage as between one man and one woman. In , Hawaii became the first state to pass a constitutional amendment specifically targeting same-sex marriage. The measure empowered the legislature to enact a ban, which it did that same year through a constitutional referendum.
Ultimately, 30 more states adopted constitutional amendments prohibiting gay marriage. While the Obergefell v. Hodges decision overrides all of those state measures, many of them, particularly the state constitutional amendments, remain on the books for one reason or another.
In some cases, there is a lack of political willingness to remove them, while in others, the labor-intensive removal process makes them a low priority. This is because amendments must pass both the state Senate and House of Delegates and be approved by Virginia voters.
Any constitutional amendment in Nevada requires such a statewide vote. Sheena Kadi, One Colorado. Even after Obergefell, there have been a number of instances over the past five years where state and local officials have refused to issue marriage licenses to same-sex couples.
Just a few months after the ruling, a Kentucky county clerk, Kim Davis , garnered national attention for refusing to issue marriage licenses to same-sex couples. Georgetown Law Library Guides U.
Search this Guide Search. A Brief History of Civil Rights in the United States This guide offers a history of various movements by citizens in the United States to gain political and social freedom and equality. It highlights resources available through the library and also offers a list of current civil rights organizations. Texas Proposition 8 Obergefell v. The Timeline: - A same-sex couple in Minnesota applies for a marriage license.
They are denied and their case goes to the state Supreme Court. Nebraska voters approve a state constitutional ban on same-sex marriage - Nevada votes to approve a state constitutional ban on same-sex marriage - A proposed amendment to the federal Constitution is introduced to the House of Representatives. It would define marriage as only between a man and a woman. The U. Supreme Court decides Lawrence v. Texas , striking down sodomy law and enshrining a broad constitutional right to sexual privacy.
California passes a domestic partnership law which provides same-sex partners with almost all the rights and responsibilities as spouses in civil marriages.
President Bush states that he wants marriage reserves for heterosexuals and the Massachusetts Supreme Court hands down a decision that makes Massachusetts the first state to legalize gay marriage. Portland, Oregon also begins issuing marriage licenses to same-sex couples.
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