The push for equal marriage rights is not only part of a worldwide movement to end discrimination based on gender and sexuality, it is also about protecting and supporting people in same sex relationships and their families.
The following countries already offer equal marriage rights to same sex couples:Belgium, Canada, Netherlands, Spain.
The state of Massachusetts in the USA also provides equal marriage rights and the Government of South Africa announced in December 2005 that it would legislate for same sex marriage within a year.
Belgium
On 30 January 2003, Belgium became the second country in the world to legally recognise same sex marriage.
Originally, Belgium allowed the marriages of foreign same sex couples only if their country of origin also allowed these unions. Legislation enacted in October 2004, however, now permits any couple to marry in Belgium if at least one of the spouses has lived in the country for a minimum of three months.
On 22 July 2005, the Belgian government announced that a total of 2,442 same sex marriages had taken place in the country since the extension of marriage rights to same sex couples two and a half years earlier. This constituted 1.2 percent of the total number of marriages in Belgium during that period.
According to the Belgian Official Journal, approximately two thirds of the married couples were gay male couples; the remainder were lesbian couples.
Canada
Same sex marriage was legalised across Canada under the Civil Marriage Act on 20 July 2005.
Provincial and territorial court decisions, starting in Ontario in June 2003, had already legalised same sex marriage in eight out of ten provinces and one of three territories, whose residents comprised about 90% of Canada's population. These courts had ruled existing bans on issuing marriage licences to same sex couples unconstitutional.
The definition of marriage, however, remained the responsibility of the federal Canadian parliament.
On 1 February 2005 Paul Martin's Liberal Government introduced Bill C-38 to amend the Civil Marriage Act. The Bill was passed by the House of Commons on 29 June 2005, by the Senate on 19 July 2005, and received Royal Assent the following day.
Couples do not need to be citizens or residents of Canada in order to marry there.
Netherlands
Same sex marriages commenced in the Netherlands on 1 April 2001.
Registered partnerships had been introduced on 1 January 1998 for same sex couples but could also be entered into by opposite sex couples. Approximately one third of registered partnerships are, in fact, of opposite sex couples.
In 1995, the Dutch parliament decided to create a special commission to investigate the possibility of same sex marriage. The commission finished its work in 1997 concluding that civil marriage should be opened up to same sex couples. Following the 1998 elections, the government promised to tackle the issue and introduced legislation in September 2000.
The marriage bill obtained a majority of 109 against 33 votes in the lower house, with the upper house approving the bill on 19 December 2000. Only the Christian parties voted against the bill. Though they are now the majority party in the present (2005) ruling coalition, the Christian Democrats have not shown the slightest inclination to revert the law.
The rules about nationality and residence are the same as for any other marriage in the Netherlands: at least one partner must either have Dutch nationality or reside in the country.
South Africa
On 1 December 2005 the Constitutional Court of South Africa, in the case of the Minister of Home Affairs v. Fourie, ruled unanimously that it was unconstitutional to prevent same sex couples marrying when marriage was permitted for people of opposite sex.
The court gave South Africa's parliament one year to amend laws defining marriage as a "union between a man and a woman" to a "union between two persons".
If not done in time, the relevant sections of the Act would automatically be read so as to take away the legal requirement that a marriage be between two persons of the opposite gender.
The South African constitution specifically outlaws discrimination on the grounds of sexuality.
The Government subsequently confirmed that it will respect the judgement announcing that the Department of Home Affairs would assess what practical steps would be needed to give effect to the change in the law and take appropriate action.
In response, the African National Congress stated that the "ruling, like others before it, is an important step forward in aligning the laws of the country with the rights and freedoms contained in the South African Constitution".
Spain
The Spanish Government announced its intention to legalise same sex marriage in 2004. The legislation was passed by the Cortes on 30 June 2005 and same sex marriage became legal on Sunday 3 July 2005.
During the 1990s, several of the city councils and autonomous communities of Spain had established registers for civil unions that allowed unmarried couples of any sex to enjoy some local benefits.
On 30 June 2004, the Spanish Minister of Justice announced that the Congress of Deputies had provisionally approved a government plan for legislation to extend the right to marry to same sex couples. This would fulfil a promise made by Prime Minister Jose Luis Rodriguez Zapatero the day of his inauguration.
Legislation was passed by the lower house on 21 April 2005. The Bill, however, was rejected by the Senate on 22 June 2005. It then returned to the lower house, which has an override power at its disposal, and on 30 June 2005, the lower house gave final approval to the bill with 187 votes in favour, 147 votes against and 4 abstentions.
In support of his legislation in the Spanish parliament, the Prime Minister, Jose Luis Rodriguez Zapatero, gave one of the most remarkable speeches ever given by a head of government in favour of equal marriage rights. Excerpts from his speech can be viewed here: Zapatero's Speech
Two non-resident foreigners cannot marry in Spain when visiting. At least one of the partners is required to be a Spanish citizen or both partners resident in Spain.
United States of America
Same sex marriage is legal in only one state in the United States: Massachusetts.
On 18 November 2003, the Massachusetts Supreme Judicial Court ruled 4 to 3 in Goodridge v. Department of Public Health that the state's ban on same sex marriage was unconstitutional and gave the state legislature 180 days to change the law.
The court found that Massachusetts may not "deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry" because of a clause in the state's constitution that forbids "the creation of second-class citizens."
The court's ruling went into effect on 17 May 2004.
A constitutional amendment that would ban same sex marriage but still allow civil unions was narrowly approved by the legislature in 2004, but failed by a vote of 157 to 39 in 2005.
A March 2005 Boston Globe poll found 56% of Massachusetts residents supported keeping same sex marriage.
The following countries already offer equal marriage rights to same sex couples:Belgium, Canada, Netherlands, Spain.
The state of Massachusetts in the USA also provides equal marriage rights and the Government of South Africa announced in December 2005 that it would legislate for same sex marriage within a year.
Belgium
On 30 January 2003, Belgium became the second country in the world to legally recognise same sex marriage.
Originally, Belgium allowed the marriages of foreign same sex couples only if their country of origin also allowed these unions. Legislation enacted in October 2004, however, now permits any couple to marry in Belgium if at least one of the spouses has lived in the country for a minimum of three months.
On 22 July 2005, the Belgian government announced that a total of 2,442 same sex marriages had taken place in the country since the extension of marriage rights to same sex couples two and a half years earlier. This constituted 1.2 percent of the total number of marriages in Belgium during that period.
According to the Belgian Official Journal, approximately two thirds of the married couples were gay male couples; the remainder were lesbian couples.
Canada
Same sex marriage was legalised across Canada under the Civil Marriage Act on 20 July 2005.
Provincial and territorial court decisions, starting in Ontario in June 2003, had already legalised same sex marriage in eight out of ten provinces and one of three territories, whose residents comprised about 90% of Canada's population. These courts had ruled existing bans on issuing marriage licences to same sex couples unconstitutional.
The definition of marriage, however, remained the responsibility of the federal Canadian parliament.
On 1 February 2005 Paul Martin's Liberal Government introduced Bill C-38 to amend the Civil Marriage Act. The Bill was passed by the House of Commons on 29 June 2005, by the Senate on 19 July 2005, and received Royal Assent the following day.
Couples do not need to be citizens or residents of Canada in order to marry there.
Netherlands
Same sex marriages commenced in the Netherlands on 1 April 2001.
Registered partnerships had been introduced on 1 January 1998 for same sex couples but could also be entered into by opposite sex couples. Approximately one third of registered partnerships are, in fact, of opposite sex couples.
In 1995, the Dutch parliament decided to create a special commission to investigate the possibility of same sex marriage. The commission finished its work in 1997 concluding that civil marriage should be opened up to same sex couples. Following the 1998 elections, the government promised to tackle the issue and introduced legislation in September 2000.
The marriage bill obtained a majority of 109 against 33 votes in the lower house, with the upper house approving the bill on 19 December 2000. Only the Christian parties voted against the bill. Though they are now the majority party in the present (2005) ruling coalition, the Christian Democrats have not shown the slightest inclination to revert the law.
The rules about nationality and residence are the same as for any other marriage in the Netherlands: at least one partner must either have Dutch nationality or reside in the country.
South Africa
On 1 December 2005 the Constitutional Court of South Africa, in the case of the Minister of Home Affairs v. Fourie, ruled unanimously that it was unconstitutional to prevent same sex couples marrying when marriage was permitted for people of opposite sex.
The court gave South Africa's parliament one year to amend laws defining marriage as a "union between a man and a woman" to a "union between two persons".
If not done in time, the relevant sections of the Act would automatically be read so as to take away the legal requirement that a marriage be between two persons of the opposite gender.
The South African constitution specifically outlaws discrimination on the grounds of sexuality.
The Government subsequently confirmed that it will respect the judgement announcing that the Department of Home Affairs would assess what practical steps would be needed to give effect to the change in the law and take appropriate action.
In response, the African National Congress stated that the "ruling, like others before it, is an important step forward in aligning the laws of the country with the rights and freedoms contained in the South African Constitution".
Spain
The Spanish Government announced its intention to legalise same sex marriage in 2004. The legislation was passed by the Cortes on 30 June 2005 and same sex marriage became legal on Sunday 3 July 2005.
During the 1990s, several of the city councils and autonomous communities of Spain had established registers for civil unions that allowed unmarried couples of any sex to enjoy some local benefits.
On 30 June 2004, the Spanish Minister of Justice announced that the Congress of Deputies had provisionally approved a government plan for legislation to extend the right to marry to same sex couples. This would fulfil a promise made by Prime Minister Jose Luis Rodriguez Zapatero the day of his inauguration.
Legislation was passed by the lower house on 21 April 2005. The Bill, however, was rejected by the Senate on 22 June 2005. It then returned to the lower house, which has an override power at its disposal, and on 30 June 2005, the lower house gave final approval to the bill with 187 votes in favour, 147 votes against and 4 abstentions.
In support of his legislation in the Spanish parliament, the Prime Minister, Jose Luis Rodriguez Zapatero, gave one of the most remarkable speeches ever given by a head of government in favour of equal marriage rights. Excerpts from his speech can be viewed here: Zapatero's Speech
Two non-resident foreigners cannot marry in Spain when visiting. At least one of the partners is required to be a Spanish citizen or both partners resident in Spain.
United States of America
Same sex marriage is legal in only one state in the United States: Massachusetts.
On 18 November 2003, the Massachusetts Supreme Judicial Court ruled 4 to 3 in Goodridge v. Department of Public Health that the state's ban on same sex marriage was unconstitutional and gave the state legislature 180 days to change the law.
The court found that Massachusetts may not "deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry" because of a clause in the state's constitution that forbids "the creation of second-class citizens."
The court's ruling went into effect on 17 May 2004.
A constitutional amendment that would ban same sex marriage but still allow civil unions was narrowly approved by the legislature in 2004, but failed by a vote of 157 to 39 in 2005.
A March 2005 Boston Globe poll found 56% of Massachusetts residents supported keeping same sex marriage.
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