Countries Where Same-Sex Marriage Is Officially Legal

The Government of India has opposed in the Supreme Court a batch of pleas seeking legal validation of same sex marriage, saying it would cause a complete havoc with the delicate balance of personal laws and in accepted societal values.

It is submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country, it said.

In its affidavit, filed before the Supreme Court which is scheduled to hear the matter on Monday, the Centre said the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws.

The government said that at the outset the notion of marriage itself necessarily and inevitably presupposes a union between two persons of the opposite sex and this definition is socially, culturally and legally ingrained into the very idea and concept of marriage and ought not to be disturbed or diluted by judicial interpretation.

'Amongst Hindus, it is a sacrament, a holy union for performance of reciprocal duties between a man and a woman. In Muslims, it is a contract but again is envisaged only between a biological man and a biological woman. It will, therefore, not be permissible to pray for a writ of this court to change the entire legislative policy of the country deeply embedded in religious and societal norms,' the government said in its affidavit.

However, there are more than 32 countries around the globe that recognise same-sex marriage, according to the Human Rights Campaign, a US-based LGBTQ advocacy group.

What is same-sex marriage?

Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. The first same-sex couple to be married legally in modern times were Michael McConnell and Jack Baker in 1971 in the United States; they were married in the county of Hennepin County, Minnesota.

The first law providing for marriage equality between same-sex and opposite-sex couples was passed in the continental Netherlands in 2000 and took effect on 1 April 2001.

Countries where same-sex is legal

The US, the United Kingdom, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan and Uruguay are among countries where same-sex marriage is legal.

10 countries where same-sex is legal

US: The US Supreme Court recognised gay marriage in 2015.

Belgium: Same-sex marriage in Belgium has been legal since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. It entered into force on 1 June, after King Albert II gave his royal assent.

Quebec: Same-sex marriage in Quebec has been legal since March 19, 2004 in accordance with a ruling from the Quebec Court of Appeal that the heterosexual definition of marriage violated the Canadian Charter of Rights and Freedoms.

New Brunswick: Same-sex marriage in New Brunswick has been legal since June 23, 2005 in accordance with a ruling from the Court of Queen's Bench of New Brunswick.

South Africa: Same-sex marriage in South Africa has been legal since the Civil Union Act, 2006 came into force on 30 November 2006.

California: California became the first state in the U.S. to legalise domestic partnerships between same-sex couples in 1999. Same-sex marriage was legalised in 2008 for five months until voters approved a ban in November of the same year.

Norway: Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009.

New York: New York's Marriage Equality Act was signed into law by Governor Cuomo on June 24, 2011, allowing same-sex couples to marry legally in New York for the first time.

Australia: Same-sex marriage became legal on January 1, 2019.

Taiwan: Considered a hotspot for LGBTQ life, Taiwan legalised gay marriage in 2019.