The LGBTQIA+ population has always been marginalized except for a few instances in the ancient world. And same-sex unions and marriages have always been the subject of social and political prohibitions, at least until recent years. The reasons for this are rooted in both culture and religion.
Religion and Marriage Equality
No other factor has had more influence on same sex marriage or even same sex civil unions than religions. And even in these, there are divisions among the traditionalists and more progressive “reformed” members of the faith.
There are five major religions in the world – Christianity (Catholic and Protestant), Judaism, Islam, Buddhism, and Hinduism. Within these religions, though, there are the strict traditionalists and what are commonly known as “reformed.” These divisions roughly correspond with generations. Here’s a brief look:
Christianity
The Catholic Church has always held the “official position” that same-sex activity, unions, and same sex marriage are mortal sins. And a mortal sin means going to Hell after death. A couple of progressive Popes and now Pope Leo have taken a bit different stance, advocating that gay people be welcomed into the Church because God loves all of his children, saint and sinner alike, and that Jesus taught us to love one another unconditionally. It’s not up to mortal men to judge.
Protestant churches also remain divided. The strict traditionalists continue to assert that only opposite sex couples should be allowed to marry and all same-sex marriages, same sex civil unions, or activities of any kind are worthy of eternal damnation. More progressive denominations, though, see same sex couples differently and welcome them into their congregations.
Judaism
There are branches of Judaism just as in all religions. The more liberal branches – reconstructionist, Humanistic, and Reformed – all openly accept same sex marriage and unions and have ordained rabbis who are themselves gay.
The traditional branches – Rabbinic and Orthodox – still see any type of homosexual activity as sinful. In times past, gay sexual activity was punishable by death. But certain conditions had to be met. Two witnesses to the act had to testify, for example. There is no record of any gay person ever being put to death.
Islam
Strict traditionalists condemn all but opposite sex couples. Same sex activity is illegal and punishable in Iran, Iraq, Saudi Arabia, Qatar, Kuwait, Yemen, Oman, UAE, and Gaza. Punishment for same sex activity is death in Iran, Saudi Arabia, Oman, and Syria (that may change with the new government – yet to be seen).
Reformed sexts of Islam have a more progressive attitude and, while not embracing same sex marriage, unions, activities, and such, do not condemn and punish them.
Buddhism
With the influence of Confucianism, same sex activity, unions, and marriage were traditionally prohibited. Today, though, there is a more secular approach to the concept and practice.
Modern Buddhists are pretty accepting of same-sex couples and relationships, including same-sex marriage. The precept is that everyone is to be loved and respected no matter their sexual orientation. Zen Buddhism, probably the most progressive sect, makes no distinction between heterosexual couples and gay ones, stressing only the “law” that only non-harmful actions are moral and right.
Hinduism
An interesting history here. In ancient temples, there is artwork depicting same-sex couples in sexual acts. But in early modern times, homosexuality of any kind became illegal. In post-colonial India, same-sex activity was decriminalized, and the most recent ruling of its Supreme Court upholds the rights of people to engage in same-sex activities and to exist as same sex couples. but same-sex marriage is still illegal.
A recent opinion poll in India, conducted by Pew Research, on the subject of same-sex marriage found that40% are opposed, 22% supported same-sex marriage, and 30% have no opinion.
As much as religion has impacted the issue of same-sex marriage, so has society and culture in all parts of the world. There are 195 countries on our planet, and only about 40 have legalized same sex marriage. Obviously, there is much work to do to change societal and cultural (and thus political) attitudes. This will not be an easy task in many places.
Society/Culture and Same Sex Marriage
This has been an uphill battle for the LGBTQ+ community. Let’s begin.
Not only were same-sex marriage, same-sex couples, and same-sex activity illegal almost everywhere in the world, more progressive societies, such as in the US and UK, came to also define it as a mental illness, which meant that members of the LGBTQ+ population should undergo psychotherapy with a goal of getting cured.
Enter the “Shot Heard Around the World”
On June 28, 1969, New York police raided the Stonewall Inn in Greenwich Village in lower Manhattan, a known gay hangout. What followed have come to be known as the Stonewall riots, a pushback by the gay occupiers of the Inn as well as many allies and comrades who came from all over. It gained worldwide coverage and served to energize others in places all over the world, especially in the US, UK, North and South America, and Western Europe.
Elimination of the Mental Illness Stigma
Finally, in 1973, the APA (American Psychological Association) removed LGBTQ+ identities and sexual orientations from its list of mental illnesses.
In 1990, the WHO (World Health Organization) also removed LGBTQ+ status as a mental illness – long overdue.
The impact of this further energized the LGBTQ+ population to push and pressure governments at the local, state/regional, and national levels to change policies and laws regarding same sex relationships – to give them legal recognition and status, first to civil unions and ultimately to same-sex marriage equality.
Because these things tend to begin in North America and the US specifically, we’ll begin there.
Progress in the US
Following WWII, a couple of things happened that set back any progress toward gay rights, as little as that progress was. Remember, at the time, being queer was considered a serious pathological disorder by the APA and the WHO.
- In 1950, Congress distributed a report to its members stating that since being gay is a mental illness, they are a “national security risk.”
- In 1953, former President Eisenhower issued an executive order that banned gays from working for the federal government because they were a security risk.
- That order stayed in place until it was replaced by President Clinton and Congress enacted the “Don’t Ask, Don’t Tell” law.
Still, gradually, there were some precursors, especially court decisions, worth noting that gave the gay community some hope, even before Stonewall:
- In 1962, Illinois became the first state to decriminalize homosexual acts between consenting adults
- A more progressive Supreme Court began to make decisions that gave rights to other minority groups, specifically African- and Native-Americans which led the LGBTQ+ population to think that their rights, even to same-sex marriage, or at least civil unions, would eventually come. For example, the Supreme Court struck down Plessy v. Ferguson, saying there was no such thing as “separate but equal” schools divided by race. Could that apply as well to the LGBTQ+ population and the discrimination it faced?
Following Stonewall, several organizations were formed to advocate and pressure for rights – the Gay Liberation Front, the National Bisexual Liberation Group, and more. In 1970, the first Gay Pride marches were held in several major cities across the US. These marches led to a backlash, unfortunately.
The Conservative Resurgence 1977-2000
Anita Bryant, singer and winner of Miss America Pageant, led the backlash and became the spokesperson for the anti-gay movement, pressuring state legislatures to pass strict anti-LGBTQ+ laws. She formed the group, “Save Our Children” and successfully got Dade County, Florida to repeal its ordinance prohibiting discrimination against gays. She was the spokesperson for the Florida Citrus Commission at the time.
Gay activists immediately got involved, including Harvey Milk, and organized a successful boycott of citrus products. It worked. Bryant was fired as the spokesperson, and in 1998, a new non-discrimination ordinance was passed in that county.
The point of this? The LGBTQ+ population realized that they had political power and could use it to influence state and federal law.
Transformative 21st Century
Federal courts ruled throughout the early 2000s, one after another, that discriminatory laws of states were unconstitutional under the 14th amendment. And finally, in 2015, The Court ruled that all openly gay people had the same marriage rights as opposite-sex couples. Thus, gay marriage became immediately legal in all fifty states. and territories. This did not impact unmarried same sex households or civil unions both of which have and will continue to exist.
Actually, the first same sex marriages happened before this decision, because a host of those 50 states legalized marriage equality for same sex couples long before the 2015 when the Supreme Court ruled. And so, the first same sex marriages happened long before 2015.
The granting of marriage equality and the same rights of marriage to same sex couples has included adoption rights, legal beneficiary status, hospital visitation and making medical decisions as spouses, and more. And domestic partnerships also enjoy many of these same rights.
Pushback By Conservative States
Many conservative states have instituted restrictions on legally recognized marriage equality laws by using the First Amendment rights of freedom of religion to allow organizations, institutions, and individuals to refuse to serve married same sex couples. In Kentucky, a county clerk refused to issue marriage licenses to gay and lesbian couples. Of course, she lost when a federal court ruled against her, and marriage licenses were immediately issued once again, though signed by the clerk’s assistant because she refused to.
Other states have pushed restrictions to the limit. South Dakota is a good example. In South Dakota, landlords can legally discriminate against same-sex couples when renting. And the non-binary gender identity is not legally recognized. Further, conversion therapy for minors is allowed.
Another example is Rhode Island. It has the largest Catholic population of any state in the US. And the church wields a huge amount of social and political power. Its stand on same sex married couples was clear. And so, couples went to neighboring Massachusetts to get married, a state where same-sex marriage had been legal since 2004. Finally, Rhode Island passed a law to recognize those marriages, and such couples were given very limited rights. In 2011, a law was passed to allow same-sex unions but again, with tons of restrictions. In 2013, a law legalizing same-sex marriage was passed, but even to this day, services can be denied on religious grounds.
Now, in the Trump administration, these conservative states feel more empowered, especially with the recent Executive Orders stating that there are only two genders, male and female, and banning transgenders from serving in the military. Where this all goes from here is yet to be seen.
But now to the meat of the matter – where same-sex marriage has been legalized throughout the world.
Where are Gay Marriages Legalized Around the Globe
There are 195 countries in the world, but only 38 of them have legalized same-sex marriage, 40 at the most, if you consider places like Greenland which is technically “owned” by Denmark but operates as an autonomous territory in many ways. The larger point is that the countries that have legalized same sex marriage is a small minority across the globe.
Same-sex marriage has been legalized in countries either by federal law or court decisions and sometimes by popular referendum. In other places, same-sex marriage has been made legal nationwide, but it is up to to individual states, provinces, or regions whether to allow same-sex couples to legally marry in their own jurisdictions. And where there are regional, provincial, or state bans, there is also the question of the rights of couples in same-sex marriages from another area will have that marriage recognized should they move to a place where those provincial or state ban is in place.
It’s also important to point out that this list does not include countries that have only given legal rights to same-sex couples in civil unions and unmarried same-sex households. Though such partnerships may include such things as property rights, they are not same sex marriages that usually come with more rights.
It is also pretty important to point out that same-sex marriages come with varying degrees of rights. Same-sex marriage laws differ by country, and same-sex couples may not have all of the rights given to opposite-sex married couples. Adoption is one of these exceptions in many countries. Other restrictions might include the citizenship status of those wanting a legal same-sex marriage, as is the case in Taiwan.
The list of countries that currently legalize same sex marriage is not all that long, but it is revealing, so buckle up.
First, a Few Kudos
Here’s to The Netherlands – the first country in the world to legalize same-sex marriage in 2001. Its Parliament passed the same-sex marriage equality law in December 2000, effective January 1, 2001
Here’s to Belgium – the second country in the world to legalize same-sex marriage in 2003.
Here’s to Thailand – one of the newest countries to legalize same-sex marriage. The Parliament’s lower house passed the same-sex marriage equality in March 2024, and the upper chamber passed it in June of that same year. Thailand’s king signed the bill in September 2024, and it went into law in January 2025.
Here’s to Liechtenstein – The government passed a same-sex marriage bill in May 2024, and it went into effect on January 1, 2025.
International Institutions That Govern Legality of Same-Sex Marriages
There are two organizations that have an impact on same-sex marriage laws in certain countries.
The Inter-American Court of Human Rights
This is an independent judiciary arm of the Organization of American States. In all, 20 Latin American countries had signed on to the Court and were obligated to legalize same-sex marriage. Costa Rica was the only country member that had not gotten on board. The country was notified in 2018 that it, too, would have to legalize same-sex marriage. Now some of the Latin American countries had already legalized same-sex marriage, but this Inter-American Court finalized the last of the 20 – no legislation, no court decisions needed.
The European Court of Justice (ECJ)
This organization operates as a type of high court for the European Union (EU). In 2018, the court was faced with a bit of a dilemma that related to immigration and same-sex marriage. So, if an EU country had not legalized same sex marriages, what happens to married same sex couples who are immigrants to an EU country or to immigrants to EU countries who then marry within an EU country when such a marriage was illegal in the country from which they have come. The decision was made that married same-sex couples are recognized as having a legal marriage no matter where they have come from. As an example of this, the Supreme Administrative Court of Bulgaria declared that the country would recognize same-sex marriages of immigrants to their country.
On To The Remainder of Countries that have Legalized Same-Sex Marriage
Andorra
Who has heard of Andorra? Very few probably. But it is a small country squeezed in between France and Spain. Its parliament legalized same-sex marriage in 2023.
Argentina
Argentina was the first country in Latin America to legalize same-sex marriage in 2010.
Australia
In a national referendum, 62% of voters voted to approve same-sex marriage in 2017.
Austria
A Supreme Court ruling in 2019 set the ball in motion, and same-sex marriage legalization soon followed.
Belgium
As already stated, Belgium was the second country in the world to legalize same-sex marriage.
Brazil
Already, about half of the local jurisdictions in Brazil had legalized same-sex marriage and had plenty of married same sex households before its top federal court made it legal in the whole country. Latin America thus gained another marriage equality country.
Canada
Canada is divided into provinces, and most of those provinces had marriage equality laws and plenty of married same-sex households before its Parliament passed a nationwide law to that effect.
Chile
Chili became the 6th South American country legalizing same-sex marriage in 2022. The legislature of this country in Latin America passed the marriage equality bill at the end of 2021; it was signed by the President and went into effect in January. Same sex domestic unions had been legal since 2015.
Colombia
Colombia’s Constitutional High Court legalized same-sex marriage in 2016 by a vote of 6-3. Another country in Latin America thus joined the marriage equality “club.”
Costa Rica
Costa Rica has the distinction of being the first Central American country that legalized same-sex marriage in 2020. It was decided by the country’s highest court which gave the National Assembly a May 2020 deadline to pass the legislation. The Assembly did not meet the deadline, and so the court’s decision went into effect immediately.
Costa Rica: The Supreme Court of Costa Rica ruled in November 2018 in support of the historic January 2018 advisory opinion of the InterAmerican Court of Human Rights that marriage equality was consistent with Costa Rica’s obligations under the American Convention on Human Rights. The Supreme Court set May 26, 2020, as the deadline for the National Assembly to enact such legislation, but it did not meet that deadline. No matter. Marriage equality came into effect on that date.
Cuba
Same-sex marriage was legalized in this country in Latin America in 2022 as a part of a larger referendum on what was called the Family Code. The Family Code included a number of provisions on family law and passed by a 67% majority vote.
Denmark
Denmark legalized same-sex marriage in 2012. In a separate action, Greenland, an autonomous territory of Denmark, legalized same-sex marriage in 2016.
Ecuador
In 2019, a federal court ruling legalized same-sex marriage nationwide. This was the 5th country in South America to do so.
Estonia
Same-sex couples began to enjoy marriage on January 1, 2024. Estonia’s parliament approved it in June 2023. This Baltic country became the first post-Soviet Union state to legalize same-sex marriage, and it is the only Baltic country that has done so.
Finland
Gay and lesbian couples and a lot of allies began a “citizen’s initiative” in the form of a petition that garnered 167,000 signatures. Its parliament passed the marriage equality law in 2014, but it didn’t go into effect until 2017. Same sex households just had to be patient.
France
In 2012, the French legislature passed a law legalizing same-sex marriage, but it was met with a constitutional court challenge – a challenge that was not successful when the court ruled in the legislature’s favor. In 2013, then-President Hollande signed the bill into law.
Germany
A bill was introduced in the German Bundestag to legalize same-sex marriage in 2016. The ruling Christian Democratic Union formally opposed such a law but were told by Chancellor Merkel to vote their conscience. The bill passed and became law in 2017.
Greece
The Greek Parliament voted to legalize same-sex marriage on February 15, 2024. It was the first majority Christian Orthodox country to do this.
Iceland
Iceland passed the marriage equality in 2010. As soon as the law went into effect the Prime Minister and her female partner became one of the first same-sex couple to get married.
Ireland
Catholic Ireland became the first country to legalize same-sex marriage via popular referendum with a 62% majority vote in 2015.
Liechtenstein
The parliament passed a same-sex marriage bill in 2024 and received the assent of then Prince Alois. The law took effect on January 1, 2025.
Luxembourg
Interestingly, a former prime minister, Xavier Bettel, who was openly gay, was the champion of a bill that was ultimately passed and went into effect in 2015.
Malta
The Malta parliament voted nearly unanimously to legalize same-sex marriage, a law that went into effect in 2017.
Mexico
Another country of Latin America that had originally left the issue to each of its states. Some of them had legalized same-sex marriage; others had banned it. The highest federal court in the land declared that state bans were unconstitutional and, after a few years, national marriage equality went into effect in 2022.
Nepal
The path to full marriage equality in the county of the Asia Pacific region has been a bit curvy. An interim constitutional court delivered an order to legalize same-sex marriage, ordering all local officials to begin to issue marriage licenses to same sex couples. These local officials were not consistent, so in 2024, the national government directed all of them to follow the high court order. Still today, there is no law on the books about marriage equality.
The Netherlands
The Netherlands was the first country in the world to legalize same-sex marriage. Its parliament passed the law in December 2000, and it went into effect in January 2001.
New Zealand
This was the first country in the Asia-Pacific region to legalize same-sex marriage, and that happened in 2013.
Northern Ireland
Same-sex marriage has been legal in Northern Ireland since January 2020 following a legislative act, and the first marriage took place in February of that same year. Same-sex households without marriage have been around since they were first allowed in the UK in 2005.
Norway
Norway passed a law in 1993 that allowed domestic partnerships and same sex households with some but largely limited protections and rights. Finally, a law legalizing same-sex marriage went into effect in 2009.
Portugal
Portugal’s parliament passed a law legalizing same-sex marriage in 2009, a measure that was then approved by its Constitutional Court, and it went into effect in 2010.
Slovenia
In July 2022, Slovenia’s Constitutional Court ruled that a ban on same-sex marriage was in violation of the country’s constitution. The parliament was given 6 months to get a law passed legalizing same-sex marriage. On October 4 of that same year, the law was passed and became effective immediately.
South Africa
This is the only African nation to have legalized same-sex marriage, and that occurred in 2006. It is not legal in any other country on the continent, and, in fact, many countries have actually passed laws banning any gay or lesbian couples from any type of partnerships.
Spain
Spain was the third country in the world to legalize same-sex marriage in 2005. It barely passed a parliament that was deeply divided on the issue.
Sweden
Since 1995, gay and lesbian couples have been allowed to register as domestic partners. Married same-sex households have been legal since 2009.
Switzerland
A nationwide referendum overwhelmingly voted to legalize same-sex marriage in 2021. 64% of the voters were in favor of legalization.
Taiwan
A constitutional court ruling in 2019 legalized same-sex marriages. Taiwan was the first in Asia to allow same-sex marriage.
Thailand
Thailand became the first Southeast Asian country to legalize same-sex marriage, and that just happened in January 2025. Its National Assembly passed the law, and it was given royal assent from the King earlier in 2024. It went into effect immediately.
The UK
Same-sex marriage was legalized in pieces in the United Kingdom. England, Wales, and Scotland legalized it in 2014 and Northern Ireland in 2020.
United States
Prior to the Supreme Court ruling in 2015, 36 states and DC had already legalized same-sex marriage. There is some rumored talk about the ruling being challenged under the Trump administration. Stay tuned.
Uruguay
This was the second country of Latin America to legalize same-sex marriage, following in the footsteps of Argentina, the first country in Latin America to legalize it.
Some Additional Notes
Marriage equality is really a matter of human rights. Gay and lesbian couples, or any other couples within the LGBTQ+ community who wish to, should have the basic right to become married couples. Sadly, only 38 countries and 2 “non-countries” out of 195 agree that same-sex marriage contributes to the well-being of same-sex couples.
Another important point: Same sex married couples in all of these 40 locations do not all enjoy the same levels of rights and privileges. A constitutional court can declare that same sex couples are to be allowed to marry, but the details are usually worked out by federal governments and, in some cases, more local jurisdictions. Here are some examples:
- the right of gay and lesbian couples, even though married, to adopt differs
- protection for same sex couples from discrimination in housing is not uniform
- protection for same sex couples to have access to business services is not equal everywhere
- protection for same sex couples from employment discrimination is not the same
- same sex married couples don’t enjoy all of the same legal accommodations
- married same sex households, especially with children, can be subjected to societal judgment in their neighborhoods and schools
In short, marriage equality is just not uniform no matter what a constitutional court might declare. The US is a prime example if you just look at the disparities state-to-state.
Overall, there is still much work to do around the globe to convince governments that same-sex marriage rights are human rights.
Share this post:
