List of Countries Where Same-Sex Marriage Is Legal 2024

Same-Sex Marriage Countries: Same-sex marriage is a marriage between partners of the same gender. They can be two women or two men. Thirty-three nations recognize Same-Sex Marriage, including the United States of America, Canada, and South Africa. Many countries around the world have legalized or are in the process of legalizing same-sex marriage taking a major step towards advancing rights to the LGBTQ+ community. Some countries still stand strong against their opposition to same-sex marriages.

In this article, we will cover same-sex Marriage Countries i.e. where it is legal, and laws related to same-sex marriage.

What is Same-Sex Marriage?

Same-sex marriage is a union between partners of same gender identity be they two women or two men. Commonly known as gay marriage this form of marriage is recognized in around 33 countries around the world.

There are thirty-three countries including countries like the United States, Canada, and South Africa that recognize same-sex unions. Although same-sex marriage remains banned in many countries the expansion of rights to the LGBTQ+ community remains uneven globally. The United Nations has issued resolutions in support of LGBTQ+ rights but they still have limited powers to enforce them.

Different Religious Views on Sex

Some conservative religions still see same-sex marriage as sinful and see sex as something only for heterosexual couples. Although not all religions are the same. Let’s discuss these through some examples- Hinduism sees sex as a natural process while Christianity may view it as sacred and meant for only heterosexual couples. On the other hand, Islam emphasizes procreation between husband and wife to avoid sin. In short, there are various views on sex in different religions but these perspectives are mostly for heterosexual couples.

International Trends on Same-Sex Marriage

Internationally, the trend toward recognizing and legalizing same-sex marriage has gained momentum over the past decades, with numerous countries adopting more inclusive policies. Pioneering nations in Europe, the Americas, and Oceania have set precedents, influencing global reconsideration of LGBTQ+ rights. The increasing acknowledgment of the fundamental human right to marry regardless of gender or sexual orientation reflects a commitment to fostering equality for LGBTQ+ individuals on a global scale. As countries move towards greater inclusivity, the international community witnesses a broadening acceptance of diverse forms of relationships.

In the US, the legal landscape of Same-Sex Marriage has undergone significant changes. The landmark 2015 Supreme Court ruling in Obergefell vs Hodges established the constitutional right for same-sex couples to marry, a decision reinforced by the 2022 Respect for Marriage Act signed into law by President Joe Biden. Despite a surge in public approval, debates, particularly among individuals and institutions oppose marriage equality based on religious beliefs. Recent rulings, including the 2020 extension of workplace discrimination protection for LGBTQ+ individuals mark progress, but concerns following the 2022 decision to overturn Roe vs Wade raising fears of potential challenges to the precedent set by Obergefell vs Hodges. Justice Clarence Thomas’s suggestion of reconsidering of past decisions adds to the future of same-sex marriage rights in the United States.

Laws on Same-Sex Marriage in India

The legal system in India still does not recognize same-sex marriages and the law in the country defines marriage as a union between man and woman. Section 377 of the Indian penal code which criminalized homosexuality was abrogated in 2018 by the supreme court of India. However, this did not legalize same-sex marriages.

Recent developments have been made in the legal system of India that might imply same-sex marriage in the future. A personal data protection bill was introduced in 2020 which includes the right to privacy as a fundamental right. Some believe that this can be used to argue in favor of the legalization of same-sex marriage in India.

Several key approaches were made in the country which shaped the approach to LGBTQ+ rights. These are as follows-:

• 1860 introduction of section 377 in the Indian penal code criminalizing homosexuality.
• 1990s founding of AIDS Bhedbhav Virodhi Andolan in Delhi which fought against violence and discrimination faced by the LGBTQ+ community.
• Naz Foundation, an NGO filed a public interest litigation in the Delhi high court in 2001 challenging section 377.
• In 2009 Delhi High Court declared section 377 unconstitutional.
• The Supreme Court of India in 2013 overturned the Delhi High Court judgment.
• A five judge bench of the Supreme court of India in 2018 declared section 377 Unconstitutional decriminalizing homosexuality.
• Transgender Person Act was passed in 2019 aiming to protect the rights of transgender community and give them legal recognition.
• Despite all this same-sex marriage remains unrecognized in India. Still, these events played an important role in shaping India’s approach towards LGBTQ+ rights. Discrimination and challenges with a need for activism and advocacy for the protection and equal rights of the LGBTQ+ community in India persist.

Supreme Court October judgment on Same-Sex Marriage

Chief Justice of India DY Chandrachud emphasized the fact that choosing a partner is a part of the Fundamental right of right to life. Although the CJI along with the five-judge bench On October 17 2022 ruled against the decision to grant the right to same-sex marriage destroying the hope of millions. In favour of the decision Justice Chandrachud clarified that the decision of equal rights on marriage was beyond the scope of the Supreme Court and should be discussed by the parliament. Several arguments were made against the legalization of same-sex marriage most important of which were the religious and cultural beliefs, Changing the traditional definition of marriage, and procreation as the primary purpose of marriage.

Central Government’s Stand on Same-Sex Marriage in India

The union government in India has opposed Same-Sex Marriage, asserting that judicial intervention could disrupt the delicate balance of personal laws. It emphasizes that the Supreme Court’s 2018 decision only decriminalized same-sex sexual activity but did not legitimize such unions as part of the fundamental right to life and dignity under Article 21 of the constitution. The government argued that marriage, as a sacred and sacramental union between a biological man and a biological woman, aligns with cultural values in India. According to their stance, marriages between individuals of the same sex, even if registered, would violate existing provisions in both personal and statutory law. The government maintains that the court’s decriminalization of homosexuality does not extend to legalizing Same-Sex Marriage.

Conclusion – Same-Sex Marriage Countries

In short, the global perspective on Same-Sex Marriage varies widely, with some countries making strides towards recognition, such as the united states while others, like India, face legal and cultural hurdles. International trends suggest increasing support for LGBTQ+ rights, but the landscape remains complex. Recent legal developments in India, including a privacy rights bill, offer a glimmer of hope for potential progress. However, challenges persist, including government opposition and traditional beliefs. The 2022 Supreme Court ruling in India adds uncertainty, emphasizing the ongoing need for activism to advance LGBTQ+ rights globally

FAQs on Same-Sex Marriage Countries

1. Is Same-Sex Marriage legal in India?

No, as of now, Same-Sex Marriage is not legally recognized in India. The country’s law defines marriage as a union between a man and woman.

2. Has India decriminalized homosexuality?

Yes, the Supreme Court of India decriminalized homosexuality in 201 by striking down section 377 of the Indian Penal Code, which criminalized Same-Sex relationships.

3. Are there any recent developments suggesting a change in India’s stance on Same-Sex Marriage?

The introduction of the Personal Data Protection Bill in 2020, emphasizing the right to privacy, has sparked discussions about its potential use in advocating for the legalization of Same-Sex Marriage in India.

4. What is the government’s position on Same-Sex Marriage in India?

The Indian government opposes Same-Sex Marriage, arguing that it could disrupt the delicate balance of personal laws. It maintains that the 2018 Supreme Court decision decriminalized same-sex activity but did not legitimize same-sex unions under Article 21 of the constitution.

5. How did the Supreme court ruling in October 2022 impact the prospect of Same-Sex Marriage in India?

The ruling, led by Chief Justice DY Chandrachud, rejected the right to same sex marriage, emphasizing that the decision on equal marriage rights falls within the jurisdiction of the parliament. This ruling dampened hopes for immediate recognition of Same-Sex Marriage in India.