The legal recognition of same-sex marriage in Canada follows a series of constitutional complaints based on the equality provisions of the Canadian Charter of Rights and Freedoms. In the first case of its kind, Halpern v. Canada (Attorney General), same-sex marriages performed in Ontario on January 14, 2001, were subsequently validated when the mixed definition of marriage was declared unconstitutional at common law. Similar decisions had legalized same-sex marriage in eight provinces and one territory, as the 2005 Civil Marriage Act defined marriage across Canada as “the lawful union of two persons to the exclusion of all others.” However, under the presidency of the more socially conservative Laurentino Cortizo, a constitutional reform was passed by Panama`s National Assembly to ban same-sex marriage by establishing in the constitution that marriage is between a man and a woman. In Mexico, same-sex marriage is contracted in twenty-two states and recognized in all thirty-one states. [a] The EU does not require its members to recognise same-sex marriage, despite a 2018 ruling [PDF] by the EU Supreme Court stating that they must respect the right of same-sex couples to freedom of movement and residence. A 2013 European Parliament report on human rights and democracy “encourages” EU institutions and member states to recognise same-sex marriage or registered partnerships as a “political, social, human and civil rights issue” [PDF]; However, the EU is not in a position to impose such policy changes on its members. The country`s traditional definition of civil marriage has been changed to include same-sex unions. [Pew Research Center] On April 10, Uruguay`s lower house of Congress passed a law legalizing same-sex marriage, a week after the country`s Senate did so. President José Mujica signed the law into law on May 3, making Uruguay the second Latin American country after Argentina to legalize same-sex marriage. Civil partnerships have been allowed in Uruguay since 2008, and gay and lesbian couples were granted adoption rights in 2009. Same-sex relations are illegal in much of South and Central Asia [PDF], including Bangladesh and Pakistan. In 2018, India lifted a ban on colonial-era same-sex relations, and in 2020, Bhutan decriminalized it.
Nepal has adopted some protections against discrimination based on sexual orientation, and in 2015, a government-appointed body recommended lawmakers legalize same-sex marriage. Bangladesh, India, Nepal and Pakistan allow people to register as a third sex in official documents. The legalization of same-sex marriage was usually done through legislation, as was the case in countries such as Australia, Switzerland and Ireland. Others, such as the United States and Costa Rica, have legalized it based on a court order. 11. In February 2014, the Coahuila Congress approved adoptions by same-sex couples. A law legalizing same-sex marriage was passed on September 1, 2014, making Coahuila the first state (and second jurisdiction after Mexico City) to reform its civil code to allow legal same-sex marriage. [271] It came into effect on September 17 and the first couple married on September 20. [272] On November 17, 2012, the French government introduced a bill to legalize same-sex marriage, Bill 344, in the National Assembly.
Article 1 of the bill, which defines marriage as an agreement between two people, was adopted at first reading on 2 February 2013 by 249 votes to 97. On 12 February 2013, the National Assembly approved the entire bill by 329 votes to 229. [239] On 24. In July 2013, a civil judge in Bogotá declared a same-sex couple legally married after granting the request on July 11, 2013. They were the first same-sex couple to marry in Colombia. [199] [200] A reference to same-sex marriage appears in the Sifra, written in the 3rd century AD. The book of Leviticus forbade homosexual relations, and the Hebrews were warned not to “follow the deeds of the land of Egypt or the deeds of the land of Canaan” (Lev. 18:22; 20:13).
Sifra clarifies what these ambiguous “acts” were and that they included same-sex marriage: “A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men.” [105] The country`s inclusive LGBT rights legislation attracted thousands of tourists each year after same-sex marriage became legal in 2013. [LGBT National Chamber of Commerce] Costa Rica: In November 2018, in support of the landmark January 2018 opinion of the Inter-American Court of Human Rights, the Supreme Court of Costa Rica ruled that marriage equality is consistent with Costa Rica`s obligations under the American Convention on Human Rights. The Supreme Court set the 26th. May 2020 as the deadline for the adoption of such a law for the National Assembly, but did not meet this deadline, and on that day marriage equality came into force. The Inter-American Court of Human Rights is a judicial institution independent of the Organization of American States. In 2018, she gave Costa Rica an opinion that signatories to the American Convention on Human Rights are required to legalize same-sex marriage. The Court`s guidelines apply to 20 signatory states and have proven to be an effective tool for promoting marriage equality in these countries. The Court of Justice of the European Union (CJEU) is the supreme court of the European Union. In 2018, the CJEU ruled that all EU countries are required to recognise same-sex marriages of EU and third-country citizens for immigration purposes, regardless of whether same-sex marriage is legal in those countries. In recognition of this decision, Bulgaria`s Supreme Administrative Court confirmed in 2019 that the country would recognise these same-sex marriages for immigration purposes.
South Africa is the only country in sub-Saharan Africa where same-sex couples can marry. Parliament legalized same-sex marriage in 2006, less than a decade after the Constitutional Court struck down laws banning sex between men. The post-apartheid constitution was the first in the world to protect people based on their sexual orientation, although the 2016 ILGA poll found that only 40% of South Africans supported legalising same-sex marriage, and human rights observers reported failures by security forces to uphold the rights of lesbian and transgender men. Note: Countries and territories where same-sex marriage laws have been repealed are not included in the table.