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Same-sex marriages: European countries where this marriage is al

Same-sex marriages: European countries where this marriage is allowed

Image source: © Canva
Materiały Prasowe,
15.05.2024 16:29

In some parts of the world, negative perceptions of LGBTQI+ people are reflected in harsh laws. Consensual homosexual acts between adults are illegal in at least 67 countries, and in six of these, they are punishable by death

On a global scale, the EU seems relatively friendly towards LGBTQI+ people. EU member states are parties to a whole range of international instruments, including the European Convention on Human Rights (ECHR), which establish a catalog of fundamental rights for all. Additionally, the EU boasts one of the most extensive sets of anti-discrimination laws in the world. Furthermore, the EU promotes LGBTQI+ rights internationally. Among numerous examples, it initiated a UN declaration calling for the decriminalization of homosexuality worldwide.

Countries in Europe where same-sex marriages are allowed

When it comes to the reality experienced by LGBTQI+ people in Europe, the picture is mixed. Data shows that between 2006 and 2012, an increasing proportion of Europeans perceived discrimination against LGBTQI+ people in their respective countries.

A 2019 survey covering perceptions of discrimination based on sexual characteristics, sexual orientation and gender identity, shows that 53% of Europeans consider discrimination against gay, lesbian and bisexual people to be widespread in their country, while 48% say the same about discrimination against transgender people.

Fewer respondents (39%) believe that discrimination against intersex people is widespread. However, in many countries, a relatively large number of respondents do not know whether discrimination against transgender and intersex people is common.

One thing that emerges from the survey is that perceptions of discrimination vary considerably between countries, population groups and circumstances.

For example, respondents who personally know people from the community are more likely to report that discrimination is widespread.

In general, social attitudes towards LGBTQI+ people have become more positive across the EU, but there is also considerable variation between EU countries in how comfortable respondents feel about public displays of affection, working with a colleague from the community or seeing a person from this community in a high political office.

In 2019, 76% of Europeans agreed that LGBTQI+ people should have the same rights as heterosexual people, but the figure varied significantly between member states, from 98% in Sweden and 97% in the Netherlands to 38% in Slovenia and 31% in Slovakia.

As of February 2024, 21 European countries recognize and legally officiate same-sex marriages. These countries are:

· Andorra

· Austria

· Belgium

· Denmark

· Estonia

· Finland

· France

· Germany

· Greece

· Iceland

· Irland

· Luxembourg

· Malta

· The Netherlands

· Norway

· Portugal

· Slovenia

· Spain

· Sweden

· Switzerland

· The United Kingdom

Ten other European countries legally recognize some forms of civil union for same-sex couples. These are:

· Croatia

· Cyprus

· The Czech Republic

· Hungary

· Italy

· Latvia

· Liechtenstein

· Monaco

· Montenegro

· San Marino

Poland and Slovakia recognize private contractual cohabitation between two people, regardless of sexual orientation or type of relationship, for limited purposes.

Although Bulgaria, Lithuania and Romania do not recognize same-sex marriages, they are obliged to recognize same-sex marriages performed within the EU that include an EU citizen for the purpose of granting legal residence.

However, this ruling is not always respected in practice.

In December 2023, the European Court of Human Rights ruled that by not legalizing same-sex unions, Poland violated the right to respect for private and family life.

Most countries that officiate same-sex marriages also allow civil unions, but there are some exceptions.

Germany, Ireland and the Nordic countries have concluded their pre-marital civil union legislation so that existing unions remain, but do not allow new civil unions.

Several European countries, including Armenia, Belarus, Bulgaria, Croatia, Georgia, Hungary, Latvia, Lithuania, Moldova, Montenegro, Russia, Poland, Serbia, Slovakia and Ukraine, do not recognize any form of union between same-sex couples.

However, Croatia, Hungary, Latvia and Montenegro allow civil unions for same-sex couples.

Other states where same-sex marriage is recognized

Since the Netherlands became the first country to legalize same-sex marriage in 2001, more than 30 countries worldwide have followed suit.

As of February 15, 2024, Greece became the first Orthodox Christian country to allow such unions. The news came after Estonia became the first country from the former Soviet bloc to legalize the practice in January 2024.

Today, marriage equality is largely limited to countries in North and South America, Europe and Oceania. South Africa is the only country in Africa, and Taiwan is the only country in Asia that have legalized same-sex marriage.

Before Greece and Estonia, the most recent countries to legalize marriage equality were Cuba, Andorra and Slovenia, all three doing so in 2022.

Greece: 2024

The Greek Parliament approved legislation in February allowing same-sex civil marriage. The law also permits same-sex couples to adopt children.

Estonia: 2024

The Estonian Parliament approved same-sex marriage on June 20, 2023, making it the first ex-Soviet and Baltic country to do so. The decision came into effect on January 1, 2024.

Andorra: 2023

The Andorran Parliament voted on July 21, 2022, to extend civil marriage to same-sex couples, a measure that took effect at the beginning of 2023. Before the historic vote, same-sex couples in Andorra could enter into civil unions, which were established in 2014.

Cuba: 2022

Same-sex marriage was legalized following a national referendum in Cuba on September 25, 2022. A majority of Cubans voted for a family code allowing same-sex couples to marry and adopt children, among other provisions focusing on women, children and the elderly.

Slovenia: 2022

On July 9, 2022, Slovenia’s Constitutional Court ruled, by a vote of 6-3, that bans on same-sex marriage and adoption were unconstitutional. While the court’s decision took immediate effect, it gave the country’s parliament six months to amend laws to comply with the ruling. The parliament adopted an amendment codifying same-sex marriage in October.

Chile: 2022

The president of Chile signed a law to legalize same-sex marriage in the Latin American country in 2021, and the law took effect in March 2022. The vote resulted from a four-year effort that began with the introduction of legislation in 2017.

Mexico: 2022

Same-sex marriage became legal in Mexico City, the country’s capital, where the practice was legalized following the adoption of legislation in 2009.

While Mexico’s Supreme Court ruled in 2015 that state bans on same-sex marriages were unconstitutional, some states took years to comply with the ruling.

Tamaulipas was the last of Mexico’s 32 states to codify same-sex marriage, doing so in October 2022.

Switzerland: 2022

Switzerland held a national referendum in 2021 on legalizing same-sex marriages and granting these couples the right to adopt. The referendum was approved by almost two-thirds majority, 64.1%. The first same-sex marriages took place in Switzerland on July 1, 2022.

Costa Rica: 2020

After pressure from the Inter-American Court of Human Rights in 2018, Costa Rica’s Supreme Court ruled that the ban on same-sex marriages was unconstitutional and would be automatically annulled in 18 months if legislators took no action. Thus, at midnight on May 26, 2020, same-sex marriage was legalized in Costa Rica, making it the first country in Central America to do so.

Northern Ireland: 2020

Northern Ireland did not join the rest of the UK in legalizing same-sex marriages in 2014.

In 2019, the UK Parliament passed the Northern Ireland Act, which legalized same-sex marriage in Northern Ireland on January 13, 2020, unless the Northern Ireland Assembly agreed to a power-sharing agreement by then.

When the Assembly failed to meet this deadline, the law came into effect. The first same-sex marriages took place in Northern Ireland in February 2020.

Ecuador: 2019

Ecuador legally recognized same-sex marriage after a majority of judges in the highest court ruled in favor of a gay couple who sued the country’s civil registry. The couple’s marriage request had been denied due to their sexual orientation. The ruling came into effect in July that year.

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