Where is Gay Marriage Legal? List of States and Countries

by Tina Kells | May 26, 2009 at 09:36 am
10544 views | 39 Recommendations | 39 comments

Where is gay marriage legal? Not in California anymore!

May 26, 2009 California rendered a landmark decision upholding the controversial electoral initiative known as Prop 8, the initiative that changed the state Constitution of California to include a new section to Article 1, section 7.5, that stated “Only marriage between a man and a woman is valid or recognized in California.” 

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The Supreme Court ruling upheld the validity of 18,000 same-sex marriages that had occurred prior to the Prop 8 ban but refused to legitimize any future same-sex unions.

How behind the times was the California Supreme court Prop 8 decision?  Is gay marriage legal anywhere in the United States?  What about the world?

Now that Californians have entrenched an anti-gay sentiment in the state constitution disenfranchised same-sex couples will have to go elsewhere to have their love respected by the law.  Which begs the question; where is gay marriage legal?

A List of States and Countries Where Gay Marriage is Legal

Please note: In some of these countries there is a distinction made between civil unions and marriage; while civil unions are allowed marriage rights may or may not be granted.  Where a note is made about expanded rights, it means same-sex marriage has been specifically recognized.

Countries Where Gay Marriage is Legal

  • Mexico (since 2006)
  • Croatia (since 2003)
  • Denmark (since 1989)
  • Finland (since 2001)
  • France (since 1999)
  • Germany (since 2001/expanded rights 2004)
  • Hungary (since 1996/expanded rights as of July 1, 2009)
  • Iceland (since 1996)
  • Sweden (as of May 1, 2009)
  • Norway (since 2008)
  • Netherlands/Holland (no amendments needed; language of existing laws inclusive)
  • Belgium (since 2003)
  • Spain (since 2005)
  • South Africa (since 2006)
  • Luxembourg (since 2004 with limitations)
  • New Zealand (since 2004)
  • Portugal (since 2001)
  • Sweden (since 1995/expanded rights as of April 1, 2009)
  • Switzerland (since 2005)
  • United Kingdom (since 2005)
  • Canada (since 2004/2005 - How to Get Married in Canada)
  • United States (some states)


US States Where Gay Marriage is Legal

  • Massachusetts(as of July 2008)
  • Connecticut (as of October 10, 2008)
  • Iowa (as of April 3, 2009)
  • District of Columbia (no gay marriages performed but will recognize the rights of same-sex couples who wed in other jurisdictions)
  • Vermont (as of September 1, 2009)
  • Maine (as of mid September, 2009)
  • New Hampshire (to be signed pending language that respects religious beliefs of opposite-sex couples)
  • New York (no gay marriages performed but will recognize the rights of same-sex couples who wed in other jurisdictions)
  • New Jersey (as of February 2007)
  • Oregon (as of February 4, 2008)
  • Washington (as of April 15, 2009)
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6
Tina Kells

I think for many people the hypocrisy and spirit of oppression that actively bans gay marriage is an issue, not whether or not it is a way of life they would choose for themselves.

It is oppressive of the Christian right to use its moral standards to limit the rights of others.

It is hypocrisy for those same "Christians" (and I use that term very loosely) to live in a state that allows divorce while actively banning same-sex love.  Divorce is more clearly stated as wrong in the Bible than same sex unions are. There is a sad sort of irony to some Christians expecting others to follow the rules of a faith that that they may not believe in while allowing people who claim to live by that faith to break their own rules.

If California is built on oppressive Christian ideals then divorce should also be banned.  Any Christian who voted in favour of Prop 8 but has been divorced and/or supports the right to divorce is an outright hypocrite IMO.

6
Tina Kells

But one has the right to have their relationship despite the opinions of others, while the other does not...

6
Tina Kells

According to every teaching in the Bible divorce is a last resort and a no-fault divorce is totally unacceptable - the Bible and Jesus demand that there be a just reason for divorce.

The hypocrisy is not that California has divorce, which as you point out does happen in the Bible and is soundly addressed in both Old and New testament.  While I personally question Christians who accept divorce but not homosexuality you are right when you say the Bible will permit divorce under certain circumstances (most notably adultery).

A good discussion here: http://christiandivorce.1hwy.com/

The Christian hypocrisy in California is that fact that divorce can be granted without laying fault, or assigning any sort of justifiable reason. This goes against the direct teachings of Christ which clearly required a stated justification for any divorce. Justification usually means that somebody has done something against the sanctity of that marriage, aka someone is at fault.

Jesus however, had no direct teachings against gay marriage or against homosexuality for that matter. There are more clear statements in the Bible against a "no-fault" divorce than there are against homosexuality.

Jesus was very clear on how these sorts of double standards should be addressed:

"You hypocrite, first cast out the beam out of your own eye; and then shall you see clearly to cast out the mote out of your brother's eye."

5
SamirJ

Being gay is a matter of choice. It may be okay for the ones who choose that way, but its a definite no no for me!

5
Roy C

California's Christian community, as is true everywhere, is not monolithic. Ancient Jews had divorce, yet Catholics still don't, while Protestants do. Catholics do divorce, though, legally, and sometimes, if they have money and pull, such as Ted Kennedy, they can swing an annulment from the Vatican that, in Ted Kennedy's case, made all his kids bastards and invalidated his wife as a wife.

That annulment that Henry VIII wanted was standard practice. He didn't get the annulment because the pope was angry with ol' Henry.

Actually, about divorce, what has happened is that the courts know that so much lying goes on in divorce that the best thing for the children is to minimize the strife by minimizing the lying by taking the legality of fault out of the equation.

Morally, fault remains, however. So, divorce has a religious and a civil aspect. Nothing hypocritical about California's divorce law for a Christian.

In regards to Christians' view of homosexual marriage, where do you get this idea of "clear hypocrisy"?

For most Christians, homosexuality is a sin. For such a person, legalizing a sin in an institution that gets the tax and legal status of their own marriage is apocryphal.

There is nothing hypocritical about people who deny people the right to institutionalize a sin. Only a sentimentalized view of feelings, a "let's be nice" approach to morality, could fault Christians as hypocrites for taking the stand that they have.

Prejean's take on homosexuality does not have any absolute link to her experience of divorce or the charges of homosexuality. She expressed the opinion of a decided majority of people in the US and of the president of the US as well.

And, once again, this choice is Obama's choice as well, and Obama chose the reverend against gay marriage (who accepts civil unions) as his minister to give the oath of office. How come no one takes Obama or Hillary to task for their hypocritical Christian take on marriage?

My own experience with being around the gay rights movement, both from the point of view of friends and family and by living in San Francisco during the period of Harvey Milk, for example, was that some kind of recognition of the relationship in the law served everyone, but that it didn't have to be a total inclusion under the present heterosexual marriage laws.

Of course, in the '70s, the most radical members of the gay community were going around writing books on how promiscuity was legitimate, all this before the AIDS epidemic struck. So, the point of view was different.

What really bothers me is that these stories about gay marriage are reported as if there was no recognition of a gay relationship when such a recognition exists and is accepted by Mormons and others opposed to equating heterosexual marriage with gay civil unions.

4
Tina Kells

I would be particularly interested to know your thoughts on the clear hypocrisy of California Christians who enforce the Biblical standard of marriage when it suits them (ie: when the people hoping to marry are gay) yet look the other way when the issue at hand is the Biblical morality of divorce.

Even when the Bible appears to accept divorce it NEVER does so without assigning fault and California is a no-fault divorce state.

My issue is more with the hypocrisy than with the values being expressed. After all, Prejean's own "Christian values" were born in a California family of divorce...

What next, a constitutional amendment banning divorce?

3
Roy C

Californians have domestic partnerships available and the good will of many to enhance those to a status of total equality.

This is not a total ban or even a ban of legalizing gay relationships. This is a barrier to considering them the equivalent of heterosexual relationships  in traditional marriage.

You label this all "oppression", but none of the gay people I have known over the years, including intimate family members, were concerned about this. This is a recent development.

Frankly, I think it is oppressive for a minority to dictate the terms of the law usurping the function of democratic institutions.

It is to be noted as well that the horrendous treatment Prajean got from a totally out of line self-named "Perez Hilton" didn't seem to arouse much, if any, ire here at all.

3
Rhonda J Mangus

SamirJ, being gay is not a matter of choice; refusing to live authentically is:).



3
bishop222

I am surprised that so many countries have allowed this Debauchery.

3
sara..................................

i dont think thats fair. i think it should be legal in more than that.. im gay and proud... so w.e.  im getting fed up with all of these goody too shoed christians telling me im going to hell and such.

2
Nauman Umair Khan

Advantage: Population would be at a complete halt I guess...if everyone is running for same-sex marriage...

;)

Disadvantage: I don't want to start an inter-faith debate here...

;)

2
Tina Kells

PS - Paul is not Jesus and NEVER worked with Christ's ministry while Jesus was alive. Please don't quote him on homosexuality.  I only spoke to Jesus and what he taught :)

2
Paschen

In France and Germany Gay marriages are not legal though, Civil unions are however legal. The French and German left the word marriage untouched since it has historical and religious implications. Now, I do not know the specifics all the Countries. 

They called it a Civil union instead, give Homo Sexual couples the same rights, with out the Traditional word used by the Churches for Heterosexual unions.

As far as I know the Word Marriage is only an issue or a demand by the Homosexual community in North America and Australia. Then again I am not familiar with all European countries and their specific legislation.

Even in Germany, Same Sex civil unions are not yet legal in every State. Bavaria, the state with a majority of Catholics refuses so far to adopt this law. Even though it was made a Federal Law, It is still up to the state to enforce it or apply it.

2
Althea

The end of human existence since procreation will come to a screeching halt.

2
graf

Being gay is not a choice.  Did you choose to be straight? Assuming you're straight by your ignorant comment, you knew as you grew up that you were attracted to the opposite sex.  The same applies to someone who is gay.  It's not any different.  You're body doesn't react to the same sex; you didn't choose for that to happen, that's just how you are.

2
JulioPeru

You guys are talking about this gay marriage and all that, but, here in south america, people still believes that we are ill , that we have an illness , that we all have aids , that we all are drag queens, that we have to be femenine, they kill travestis all the time, we here have real problems!! big time!!

2
jeremy D

I think they need to have gay marriage ever where causes gay people needs rights too

2
Joseph Clute

Being gay is no more a matter of choice than being man or woman, black or white.  You are born a man or a woman.  You are born gay or straight.  It really is as simple as that. 

1
israeli.agent

That is true. No question about that. That freedom of choice must be there. But I am not at all familiar with this situation and have no idea what can be the social impacts of a society mainly consists of same sex couple. Waiting for the comments of those who have knowledge about this.

 

.Agent.

1
Nauman Umair Khan

Same here, a big NO NO!

:)

1
Joshua888

Ha ha thats all I have to say.  Gay marriage is all about fucking money thats it LOL all they want is money.  Couples can love eachother just as much if they are "recognized by the state" or they arent its all about the money

1
Ursula

Aw girl shut up! Homosexuals are ultimate perverts.  One doesn't even have to believe in God to know that it's just not meant to be that way. Man kissing man - woman kissing woman. The perfect combination to mess up kids in society.  One day, one God is going to judge 'em all, and oh how I would love to see that. 

1
Kayla Lorraine

reading your comment makes me sick!, i think you have absoulute no idea on the stuff you wrote! coming from a family where my uncle is gay, ive grown up to value their choice! i believe it isnt wrong, or they arent "perves", and your comment on how they will " MESS UP KIDS " is ridiclous, who said that a couple has to be a man and a women? its just sterotyped that way, i understand you have your own opinion but dont go raving on like you no exactly what your talking about!

1
Joseph Clute

Wow.   Statistics have shown that children who are raised by homosexual parents grow up to be more well rounded and intelligent.  Not to mention more open minded.

1
MarioSmario

This list is completely erroneous. Gay marriage is not legal in Mexico or France. The list is completely misleading. They have domestic partnership in the UK (same as California) and one state in Mexico allows gay marriage. There are only five countries which currenlty permit same-sex marriage as we know it. And Portugale just banned gay marriage in August 2009! http://www.365gay.com/news/portugals-high-court-keeps-gay-marriage-ban/

1
Juan Garza

In Mexico cant marriage, Gay marriages are not legal though, Civil unions are however legal, just only in 2 states from 32 states have Mexico.

0
Pythiian1

I thought the list of countries would be longer, but apparently, many countries still need to work on legalizing gay marriage too.

0
israeli.agent

To put it a bit elegantly , what gays think about having a partner of opposite sex, the same feeling non gays have about a partner of the same sex.

 

.Agent.

0
Rhonda J Mangus

Thanks for this, Tina!


0
Matt in Vancouver

I'm proud to be a Canadian whenever this topic comes up.  Despite the fact that we currently have a "Conservative" government, same-sex marriages are not threatened.  Like most countries we have our own problems, but I do believe that history will see Canada standing tall when other nations cowered in the shadow of a bigoted majority.

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