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Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for legal same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world. Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.
A reference to same-sex marriage appears in the Sifra , which was written in the 3rd century CE. The Book of Leviticus prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" Lev. The 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. What is arguably the first historical mention of the performance of same-sex marriages occurred during the early Roman Empire according to controversial [] historian John Boswell.
Child emperor Elagabalus referred to his chariot driver, a blond slave from Caria named Hierocles , as his husband. The first Roman emperor to have married a man was Nero , who is reported to have married two other males on different occasions. The first was with one of Nero's own freedmen , Pythagoras , with whom Nero took the role of the bride.
The marriage was celebrated in both Greece and Rome in extravagant public ceremonies. Conubium existed only between a civis Romanus and a civis Romana that is, between a male Roman citizen and a female Roman citizen , so that a marriage between two Roman males or with a slave would have no legal standing in Roman law apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases. The idea implicit in the word is that a man took a woman in marriage, in matrimonium ducere , so that he might have children by her.
Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the s to the s. In , Denmark became the first country to recognize a legal relationship for same-sex couples, establishing registered partnerships , which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child".
In Mexico , same-sex marriage is performed in twenty-two states and recognized in all thirty-one states.
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Note: Countries and territories in which same-sex marriage laws have been repealed are not included on the table. British Judge Sir Nicolas Bratza , then head of the European Court of Human Rights, delivered a speech in that signaled the court was ready to declare same-sex marriage a "human right", as soon as enough countries fell into line. Article 12 of the European Convention on Human Rights states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right", [] not limiting marriage to those in a heterosexual relationship.
However, the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone". On 12 March , the European Parliament passed a non-binding resolution encouraging EU institutions and member states to "[reflect] on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue".
On 5 June , the European Court of Justice ruled, in a case from Romania , that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage.
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After a motion lodged by Costa Rica, the Inter-American Court of Human Rights issued a landmark advisory ruling in favour of same-sex marriage on 9 January , which is expected to facilitate legalisation in several countries in the Americas. The Court said that governments "must recognise and guarantee all the rights that are derived from a family bond between people of the same sex". They also said that it was inadmissible and discriminatory for a separate legal provision to be established such as civil unions instead of same-sex marriage. The Court demanded that governments "guarantee access to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination".
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Recognising the difficulty in passing such laws in countries where there is strong opposition to same-sex marriage, it recommended that governments pass temporary decrees until new legislation is brought in. The Court issued its ruling in response to a motion brought by Costa Rica in The Costa Rican Government asked the Court to give its opinion on whether it had an obligation to extend property rights to same-sex couples, and the Court ruled that it did.
The Costa Rican Government also wanted to know whether it should allow transgender people to change their name and gender on their identity documents. Again, the Court ruled that it must. On 29 June , two family judges in Cuenca, Ecuador ruled that the Civil Registry must issue same-sex marriage licenses on request, stating that the decision of the IACHR trumped the Ecuadorian Constitution 's definition of marriage.
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The Registry appealed, but the Constitutional Court ruled in favor of same-sex marriage on 12 June On 8 August , the Costa Rican Supreme Court declared Costa Rica's same-sex marriage ban unconstitutional, and gave the Legislative Assembly 18 months to reform the law accordingly, otherwise the ban would be abolished automatically. Besides Ecuador and Costa Rica, lawsuits regarding same-sex marriage have been filed in Honduras, [] Panama, [] Paraguay to recognize marriages performed abroad , [] and Peru, [] all of which are under the jurisdiction of the IACHR.
In Panama the previous government of Juan Carlos Varela announced that it would implement the ruling and communicated this to the other branches of government, but under his successor's government the Panamanian Congress approved a constitutional reform banning same-sex marriage. The reform, alongside others, caused massive protests that caused President Laurentino Cortizo to criticize the lawmakers and a committee was created to analyze the more polemic reforms. Furthermore, the Inter-American Court of Human Rights has issued a ruling that is expected to facilitate recognition in the 14 subject countries that do not yet have same-sex marriage.
Legal cases have been filed in a number of other countries. A ban on same-sex marriage is under consideration in Guatemala ; similar proposed bans or draft opinions in El Salvador and Panama were retired after the IACHR ruling, [] [] though Panama would later draft a new ban. On 15 July , the Argentine Senate approved a bill extending marriage rights to same-sex couples. Australia became the second nation in Oceania to legalise same-sex marriage when the Australian Parliament passed a bill on 7 December Since 1 January , same-sex couples have been allowed to enter registered partnerships Eingetragene Partnerschaft.
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On 20 November , the Greens introduced a bill in the Austrian Parliament that would legalise same-sex marriage. In December , the Vienna Administrative Court dismissed a case challenging the same-sex marriage ban. The plaintiffs appealed to the Constitutional Court. Thus, same-sex couples have been allowed to marry since 1 January The Court also decided that civil unions will be open for both same-sex and different-sex couples from that date onwards. Belgium became the second country in the world to legally recognize same-sex marriages when a bill passed by the Belgian Federal Parliament took effect on 1 June A statute legalized adoption by same-sex spouses.
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It included almost all of the rights available to married couples in Brazil. Between mid and May , same-sex couples had their cohabitation issues converted into marriages in several Brazil states with the approval of a state judge. All legal Brazilian marriages were always recognized all over Brazil. In November , the Court of Bahia equalized marriage in the state of Bahia.
In Rio de Janeiro, the State Court facilitated its realization by district judges in agreement with the equalization instead of ordering notaries to accept same-sex marriages in demand as all others. On 14 May , the Justice's National Council of Brazil issued a ruling requiring all civil registers of the country to perform same-sex marriages by a 14—1 vote, thus legalizing same-sex marriage in the entire country.
Legal recognition of same-sex marriage in Canada followed a series of constitutional challenges based on the equality provisions of the Canadian Charter of Rights and Freedoms. In the first such case, Halpern v. Canada Attorney General , same-sex marriage ceremonies performed in Ontario on 14 January were subsequently validated when the common law , mixed-sex definition of marriage was held to be unconstitutional. Similar rulings had legalized same-sex marriage in eight provinces and one territory when the Civil Marriage Act defined marriage throughout Canada as "the lawful union of two persons to the exclusion of all others".
In February , a series of rulings by the Constitutional Court meant that same-sex couples could apply for all the rights that heterosexual couples have in de facto unions uniones de hecho. On 26 July , the Constitutional Court of Colombia ordered the Congress to pass the legislation giving same-sex couples similar rights to marriage by 20 June If such a law were not passed by then, same-sex couples would be granted these rights automatically.
In October , Senator Armando Benedetti introduced a bill legalizing same-sex marriage. It initially only allowed for civil unions, but he amended the text. This was the first same-sex couple married in Colombia. In September , two civil court judges married two same-sex couples. On 7 April , the Court ruled that marriage doesn't exclusively apply to opposite-sex couples. On 28 April , the Constitutional Court ruled that same-sex couples are allowed to enter into civil marriages in the country and that judges and notaries are barred from refusing to perform same-sex weddings.
On 10 February , the Constitutional Court of Costa Rica announced it would hear a case seeking to legalize same-sex marriage in Costa Rica and declare the country's same-sex marriage ban unconstitutional. Costa Rica's Supreme Electoral Court the institution in charge of civil registration , including the issuance of marriage certificates announced that it will obey the ruling of the IACHR and will adapt the necessary by-laws once the Executive Branch notifies the ruling.
Their marriage was set to be performed on 20 January, and would have been the first same-sex marriage in Costa Rica. Carlos Alvarado Quesada , who supports LGBT rights and favors the implementation of the ruling, won the election with On 8 August , the Supreme Court of Costa Rica ruled that the prohibition of same-sex marriage in the Family Code is unconstitutional, giving Congress 18 months to reform the law or the prohibition will be automatically lifted.
As the Congress did not act, same-sex marriage in Costa Rica became legal on 26 May in line with the court ruling. On 25 May , Denmark wrote history as the first country to make it legal to be in a registered partnership with one of the same sex. A registered partnership was the same as a civil marriage, but was not seen as marriage in the eyes of the church.
Axel and Eigil Axgil were the first ones to get married this way. On 7 June , the Folketing Danish Parliament approved new laws regarding same-sex civil and religious marriage. These laws permit same-sex couples to get married in the Church of Denmark. The bills received royal assent on 12 June and took effect on 15 June On 26 May , Greenland , one of two other constituent countries in the Realm of Denmark , unanimously passed a law legalising same-sex marriage.
The bill passed its second reading on 26 April and was approved at its third reading on 29 April by 19 votes to The law took effect on 1 July The Inter-American Court of Human Rights ruling regarding the legalisation of same-sex marriage in countries that have ratified the American Convention on Human Rights applies to Ecuador. In May , the Ecuador Supreme Court ruled, in a lesbian parenting case, that the IACHR ruling is fully binding on Ecuador and that the country must also implement the ruling in due course. Same sex marriage eventually took effect in Ecuador on 8 July , following the Constitutional Court ruling which was made on 12 June Registered partnerships have been legal in Finland since A citizens' initiative was launched to put the issue before the Parliament of Finland.
The bill passed the second and final vote by —90 on 12 December , [] and was signed by the President on 20 February The law took effect on 1 March Since November , France has had a civil union scheme known as a civil solidarity pact that is open to both opposite-sex and same-sex couples. The French Government introduced a bill to legalize same-sex marriage, Bill , in the National Assembly on 17 November Article 1 of the bill defining marriage as an agreement between two people was passed on 2 February in its first reading by a —97 vote.
Same-sex marriage
On 12 February , the National Assembly approved the entire bill in a — vote. On 12 April , the upper house of the French Parliament voted to legalise same-sex marriage. The law also allows the recognition in France of same-sex couples' marriages that occurred abroad before the bill's enactment. The main right-wing opposition party UMP challenged the law in the Constitutional Council , which had one month to rule on whether the law conformed to the Constitution.
The Constitutional Council had previously ruled that the issue of same-sex marriage was one for the Parliament to decide and there was only little hope for UMP to overturn the Parliament's vote. Prior to the legalisation of same-sex marriage, Germany was one of the first countries to legislate registered partnerships Eingetragene Lebenspartnerschaft for same-sex couples, which provided most of the rights of marriage. The law came into effect on 1 August , and the act was progressively amended on subsequent occasions to reflect court rulings expanding the rights of registered partners.