On Tuesday, the Supreme Court of India refused to give legal recognition to same-sex and left the matter to the legislature to decide. While two judges backed the rights of queer couples to enter into civil unions, three judges disagreed. The verdict was reserved in May, early this year.
The majority of judges also disagreed that queer couples have the right to adopt and upheld the CARA regulations which exclude queer and unmarried couples.
While India’s battle for seeking legal recognition of same-sex marriage assumes a new shape with a committee to be formed under the apex court’s direction, we look at the status of marriage equality across the world.
The Netherlands became the first country in the world to legalise same-sex marriage in 2001. Since then, about 34 countries (source: Marriage Equality Around the World) have recognised same-sex marriage through legislation and legal framework.
We look at the most recent ones that recognised same-sex marriage in the past three years.
2023
Andorra
A small country between France and Spain, Andorra extended the rights of civil marriage to same-sex couples early this year. The legalisation was voted on and agreed upon on July 21, 2022.
Estonia
On June 20, 2023, Estonia's parliament passed a law legalising same-sex marriage that will come into effect on January 1, 2024.
2022
Cuba
In September, Cubans approved a Family Code that included provisions allowing same-sex couples to marry. Couples can also adopt children the the Family Code also redefined the rights of children. The reforms had met unusually strong resistance from the growing evangelical movement in Cuba despite an extensive government campaign in favour of the measure.
Slovenia
In July, a top court in Slovenia ruled that bans on same-sex couples getting marrying and adopting children were unconstitutional in the small European country and ordered its parliament to amend the law within six months to guarantee they can.
Mexico
In October, lawmakers in the border state of Tamaulipas voted to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions. The Supreme Court of Mexico in 2015 declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.
2021
Chile
In December 2021, both houses of Chile’s Congress voted to approve a marriage equality bill that also includes authorization for adoptions by same-sex couples. The initiative was approved first by the Senate on a 21-8 vote, with three abstentions, and shortly afterwards by the Chamber of Deputies with 82 votes in favour, 20 against and two abstentions. After the vote in the chamber, several deputies hugged, including some from opposing parties.
Switzerland
Through a country-wide referendum, Switzerland in 2021, legalised same-sex marriage and gave such couples the right to adopt. The referendum was passed with nearly a two-thirds majority of 64.1%
2020
Costa Rica
In May 2020, Costa Rica legalised same-sex marriage when a ruling from its Supreme Court ended the country’s ban.
Other countries which have legalised same-sex marriages are Argentina, Australia, Austria, Belgium, Brazil, Canada, Costa Rica, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Taiwan, the United Kingdom, the United States of America and Uruguay.
