Monday, November 20, 2017

Marriage equality around the world

Article maintained with help from Evan Wolfson and Rob Salerno - Last update: Nov. 20, 2017
Same-sex couples can marry in 24 nations and in 39 other jurisdictions around the world:
Netherlands (2001), Saba (2012), Bonaire (2013), Sint Eustatius
Belgium (2003)
Canada (2003-2005)
USA (2004-2015), Guam (2015), Northern Mariana Islands (2015), Puerto Rico (2015), U.S. Virgin Islands (2015)
Spain (2005), Canary Islands (2005), Ceuta (2005), Melilla (2005)
South Africa (2006)
Norway (2009)
Sweden (2009)
Argentina (2010)
Iceland (2010)
Portugal (2010), Azores (2010), Madeira (2010)
Mexico (2010-2017; full article here)
Denmark (2012), Greenland (2016), Faroe Islands (2017)
France (2013), French Guiana (2013), French Polynesia (2013), Guadeloupe (2013), Martinique (2013), Mayotte (2013), New Caledonia (2013), Réunion (2013), Saint Barthélemy (2013), Saint Martin (2013), Saint Pierre and Miquelon (2013), Wallis and Futuna (2013)
Brazil (2013)
Uruguay (2013)
New Zealand (2013)
England and Wales (2014), Akrotiri and Dhekelia (2014), British Indian Ocean Territory (2014, 2015), Scotland (2014), Pitcairn Islands (2015), Ascension Island (2016), Isle of Man (2016), British Antarctic Territory (2016), Gibraltar (2016), Guernsey (2017), Falkland Islands (2017), Bermuda (2017), Tristan da Cunha (2017), Alderney (2017)
Luxembourg (2015)
Ireland (2015)
Colombia (2016)
Finland (2017)
Malta (2017)
Germany (2017)

Notes
Dutch Caribbean
As with Bonaire and Saba, same-sex marriage should be available in the Dutch municipality of Sint Eustatius but there's no indication one has occurred. Same-sex marriage is not allowed in the Dutch constituent countries of Aruba, Curaçao and Sint Maarten, though Dutch marriages from elsewhere are partially recognized.
Mexico
Mexican states (there are 31) are a current hotspot of the marriage-equality movement. To date, 13 states have achived full marriage equality via three different pathways. My full article is here.
French places
In the France list above, links go to proof of a same-sex couple marrying in nine of the 11 overseas departments and collectivities. In the remaining two (Saint Barthélemy, Wallis and Futuna), same-sex marriage is legal but there's no indication one has occurred.
British places
See above for the list of British places that have marriage equality. These British overseas territories, one province and one crown dependency do not yet have marriage equality: Anguilla, British Virgin Islands, Cayman Islands, Jersey, Montserrat, Northern Ireland, Saint Helena, South Georgia and the South Sandwich Islands, Turks and Caicos Islands. Neither does Sark, which is part of the Bailiwick of Guernsey.
Ireland
On May 22, 2015, Ireland became the first nation to legalize same-sex marriage by popular vote. Irish people amended their constitution to bring in marriage equality by a landslide margin of 62.07% to 37.93%.
U.S. territories
Four of the five U.S. territories — Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands — were covered by the U.S. Supreme Court's nationwide marriage-equality ruling on June 26, 2015. American Samoa was not.
The United States Minor Outlying Islands -- Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll and Wake Island in the Pacific Ocean, and Navassa Island in the Carribean Sea -- would have marriage equality. Their only population nowadays is a small number of temporarily assigned scientists and military personnel.
Antarctica
Marriage equality exists in much of Antarctica, given the nations that claim portions of the continent as national territory: Argentina, Australia, Chile, France, New Zealand, Norway, United Kingdom. Take mittens.
On the high seas
For a price, you can now marry a same-sex partner at sea on ships of Princess Cruises, P&O Cruises and Cunard Line, courtesy of the Bermuda Supreme Court's May 2017 marriage-equality ruling, and on ships of Celebrity Cruises, courtesy of the Malta Parliament's passage of marriage equality in July 2017. Bon voyage.
U.S. Indian tribes
There are 567 of them, and they are not covered by the June 26, 2015, U.S. Supreme Court ruling that legalized same-sex marriage nationwide. At least 22 tribes, listed below, have legalized same-sex marriage to date. A number of others follow the marriage law of the state in which they are located, meaning same-sex marriage is legal within the tribe without any additional tribal action.
Coquille Indian Tribe in Oregon (2009)
• Mashantucket (Western) Pequot Tribal Nation in Connecticut (2010)
• Suquamish Tribe in Washington (2011)
• Port Gamble S'Klallam Tribe in Washington (2012)
• Little Traverse Bay Bands of Odawa Indians in Michigan (2013)
• Confederated Tribes of the Colville Reservation in Washington (2013)
• Pokagon Band of Potawatomi Indians in Michigan (2013)
• Iipay Nation of Santa Ysabel in California (2013)
• Cheyenne and Arapaho Tribes in Oklahoma (2013)
• Leech Lake Band of Ojibwe in Minnesota (2013)
• Puyallup Tribe of Indians in Washington (2014)
• Eastern Shoshone Tribe and Northern Arapaho Tribe in Wyoming (2014)
• Tlingit and Haida Indian Tribes in Alaska (2015)
• Oneida Tribe in Wisconsin (2015)
• Keweenaw Bay Indian Community in Michigan (2015)
• Confederated Tribes of Siletz Indians in Oregon (2015)
• Confederated Tribes of Grand Ronde in Oregon (2015)
• Oglala Sioux Tribe in South Dakota (2016)
• Cherokee Nation in Oklahoma (2016)
• Osage Nation in Oklahoma (2017)
• Ho-Chunk Nation in Wisconsin (2017)
• Ak-Chin Indian Community in Arizona (2017)

Map
The Human Rights Campaign produced this fab map. Enlarging it to about 400% reveals every speck of the earth where same-sex couples can marry.

Watch list
Australia
In an unusual approach, Australia's government mailed a survey form to every registered voter asking if same-sex couples should be allowed to marry. The outcome, announced Nov. 15, 2017, was 61.6% "yes" and 38.4% "no" -- with a response rate of 79.5%. Parliament can ignore the nonbinding survey, but Prime Minister Malcolm Turnbull believes marriage-equality will now "sail through" the House of Representatives and Senate and same-sex couples will be marrying by Christmas.
Austria
In a preliminary determination in a case brought by lawyer Helmut Graupner, Austria's Constitutional Court said Oct. 12 that forcing same-sex couples into registered partnership instead of marriage is not permissible. It said this would be the case even if registered partnerships and marriage were legally "absolutely identical." The court launched proceedings to delete the words "of different sex" from the Austrian Civil Code's marriage law and to terminate the registered-partnership law. The government has several weeks to respond to the preliminary determination. A final judgment is anticipated in December, and marriage equality could arrive in January.
Chile
President Michelle Bachelet introduced a marriage-equality bill to Congress in September 2017. A November 2017 election produced a majority for marriage equality in both the Senate and the Chamber of Deputies. New members will take office in March.
Northern Ireland
The UK territory of Northern Ireland doesn't have a government because the Democratic Unionist Party and Sinn Féin power-sharing agreement collapsed in January 2017 and hasn't been restored due to disagreement about marriage equality and local language rights. It's possible any resolution to the impasse could see introduction of equal marriage in the last major area of the United Kingdom that doesn't have it.
Panama
The nine judges of the Supreme Court of Justice will study one judge's draft ruling rejecting marriage equality until Nov. 22 and support it or reject it. If it is rejected, a new draft will be produced reflecting the opinion of the majority. The draft says the marriage section of the Family Code is not unconstitutional and that marriage equality is a matter for the National Assembly.
Taiwan
Taiwan's Constitutional Court declared the ban on same-sex marriage unconstitutional on May 24, 2017, and gave the legislature no more than two years to change laws. If it doesn't, marriage equality arrives automatically.

Geography lesson
Where are those 39 other jurisdictions of Denmark, France, Netherlands, Portugal, Spain, UK and USA?
Denmark
• Faroe Islands » North Atlantic Ocean
• Greenland » between North Atlantic and Arctic oceans
France
• French Guiana » South America
• French Polynesia » South Pacific Ocean
• Guadeloupe » Caribbean Sea
• Martinique » Caribbean Sea
• Mayotte » Indian Ocean
• New Caledonia » South Pacific Ocean
• Réunion » Indian Ocean
• Saint Barthélemy » Caribbean Sea
• Saint Martin » Caribbean Sea
• Saint Pierre and Miquelon » next to Newfoundland
• Wallis and Futuna » South Pacific Ocean
Netherlands
• Bonaire » Caribbean Sea
• Saba » Caribbean Sea
• Sint Eustatius » Caribbean Sea
Portugal
• Azores » North Atlantic Ocean
• Madeira » North Atlantic Ocean
Spain
• Canary Islands » North Atlantic Ocean
• Ceuta » Africa
• Melilla » Africa
United Kingdom
• Alderney » English Channel
• Ascension Island » South Atlantic Ocean
• Akrotiri and Dhekelia » Cyprus
• Bermuda » North Atlantic Ocean
• British Antarctic Territory
• British Indian Ocean Territory
• Falkland Islands » South Atlantic Ocean
• Gibraltar » attached to Spain
• Guernsey » English Channel
• Isle of Man » Irish Sea
• Pitcairn Islands » South Pacific Ocean
• Scotland » Great Britain
• Tristan da Cunha » South Atlantic Ocean
• Wales » Great Britain
USA
• Guam » North Pacific Ocean
• Northern Mariana Islands » North Pacific Ocean
• Puerto Rico » Caribbean Sea
• U.S. Virgin Islands » Caribbean Sea
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