Saturday 7 September 2013

Same-Sex Marriage Legislation Worldwide

Same-sex marriage is legal in only a handful of countries, but the number is rapidly expanding. In the parliaments of five nations full same-sex marriage rights are being debating and in a further 12 countries some form of same-sex civil unions are being debated. As well as countries, same-sex marriage or civil unions are being debated in sub-national jurisdictions of the USA, Mexico and Australia as well as the British Overseas Territory of Gibraltar.

Countries debating full same-sex marriage rights:

Finland: As the only Nordic country that has not legalised same-sex marriage, it is a surprise that legislation has taken as long as it has. The two most recent polls in Finland put support at 57% and 58% by polling firms YouGov and Taloustutkimus respectively. A same-sex marriage bill was voted down 9-8 in the Legal Affairs Committee but a citizens' initiative will force all of parliament to debate and vote on the bill. The results are expected later this year. In 2001 Finland passed a registered partnerships bill 99-84 under the left-wing Social Democrats and expanded in 2009 108-29 under the Centre Party. The current government is the centre right National Coalition and the next elections are in 2015.

Ireland: According to most polls of the Irish public, support for same-sex marriage is consistently above 70%. This bodes well for a referendum on the issue in 2014. This means that Ireland will almost certainly have marriage equality.

Italy: As it is one of the more socially conservative countries in Western Europe, it doesn't even have civil unions. Polls in Italy consistently show that a majority of Italians do not support full marriage rights. The Catholic Church has also been very influential in preventing the legalisation of gay unions. Bills have been introduced attempting to legalise either same-sex marriage or civil unions. The marriage bill is almost certain to fail as only three parties, representing only 22.2% of the 2013 electoral vote support it. Civil unions ave more hope as the largest party also supports them, bringing the percentage to 55.3.

Luxembourg: The only thing surprising about Luxembourg is that it hasn't already passed same-sex marriage. In 2004 it passed partnerships and expanded them in 2010. A recent poll by Polimonitor put support for same-sex marriage at 83%! It looked likely that same-sex marriage would finally pass this year but early elections to be held in October have delayed its inevitable passage.

Nepal: The country is in the midst if trying to draft a new constitution and the government wanted to expand to same-sex couples. Unfortunately negotiations broke down and the parliament was dissolved until new elections. If same-sex marriage were to be passed. Nepal would become the first Asian nation to legalise same-sex marriage.

Sub-national jurisdictions debating full same-sex marriage rights.

Mexico

- Coahuila: Back in 20078 the state legalised a "civil pact of solidarity" aka civil unions 20-13. It is not currently debating whether to join Mexico City and Quintana Roo and become the third Mexican state to legalise same-sex marriage.
- Oaxaca is also vying to be the third state to legalise full same-sex marriage rights. Unlike Coahuila it has no previous legislative history on the issue.
- Yucatán is the final Mexican state trying to legalise same-sex marriage, but unlike the other two states, Yucatán already has a same-sex marriage ban.The ban's legality is currently making its way through the courts.

Australia

- Canberra: By far Canberra has been the most progressive Australian state/territory in regards to gay rights. In 1994 it passed the first unregistered cohabitation act in Australia and expanded it in 2004. Canberra tried to go further in 2006 by passing civil unions but the federal government overturned it, in 2007 it tried to pass a civil partnerships bill but again the federal government said no. Finally the federal government stopped meddling and in 2008 it legalised civil partnerships and then expanded them in 2009. In 2012 it legalised civil unions and is hoping for full marriage rights in 2013.
- New South Wales: The state passed an unregistered cohabitation act in 1999, which it expanded in 2002 and 2008. In 2010 it passed a relationship register bill overwhelmingly, 32-5 in the upper house and 62-9 in the lower house. A bill to legalise same-sex marriage has been proposed in the upper house this year, I don't know whether or not it will pass.
- South Australia: In 2004 an attempt to legalise civil unions failed in the lower house but in 2006 domestic partnership bill passed. In July of this year a marriage bill was introduced but went nowhere. I am not confident that it will pass.
- Victoria: The state passed unregistered cohabitation way back in 2001 and a relationship register was created in 2008 with strong majorities in both houses (29-10 in the upper house and 54-24 in the lower house).
- Western Australia: The largest Australian state passed an unregistered cohabitation bill in 2002 but hasn't made any more since. Currently a bill to legalise same-sex marriage is lingering in the upper house.

Countries debating legalising civil unions:

Bolivia: The only legislative history regarding gay unions in Bolivia is a 2009 referendum which banned same-sex marriage. The referendum passed with 61.43% of the vote. This doesn't necessarily bode badly for the bill's chance as a lot more strides have been taken on LGBT rights in the last four years. It is also important to note that civil unions consistently get higher levels of support than same-sex marriage. I couldn't find any polling on Bolivia and very few articles online.

Chile: Unfortunately in Chile there are attempts to ban same-sex marriage by adding an amendment to the constitution. At the same time there are attempts to create civil unions, legislation passed out of committee in April in a 4-1 vote.

Croatia: Unregistered cohabitation passed back in 2003, this year is a life partnership agreement has been proposed. Croatia's recent accession to the EU has helped to liberalise Croatia's attitude to same-sex marriage.

Cuba: The country's constitution currently bans same-sex marriage but no civil unions. There have been previous attempts to legalise civil unions in 2007 and 2009 that failed. It Cuba were to legalise civil unions this year it would become the first Caribbean state to recognise any form of same-sex civil unions.

Cyprus: A civil partnership bill has been proposed in Cyprus but I am sceptical about its ability to pass. The Greek Orthodox Church is extremely powerful in Cyprus and has consistently opposed the expansion of gay rights. The likelihood of it passing is slim to none.

Estonia: A bill has been introduced in Estonia that would create a form of same-sex union. Of the four main parties in the Riigikogu (Estonian Parliament) only the Social Democratic Party supports it. Of the Coalition Government the Reform Party is neutral whilst the 'Pro Patria and Res Publica Union' opposes it. The final party in the parliament, the Centre Party is also neutral on it. There is also a significant ethnic divide between Estonians and Russians, the former favour legalising same-sex marriage whilst the latter is staunchly opposed.

Israel: Certainly the most gay friendly place in the Middle East (it wouldn't be difficult) but Israel does not recognise any sort of same-sex union. according to a 2009 poll, 61% of Israelis supported full marriage rights whilst 31% were opposed. Unfortunately a same-sex marriage bill failed 11-39 in the Knesset (Israeli Parliament). This year a civil union bill was introduced and has yet to be voted upon.

Malta: Although Malta has never voted on gay union legislation, all the major parties have said that they support some form of recognition for gay couples. The new Labour government is currently trying to legalise same-sex union.

Poland: As it is one of the nine European countries that has a constitutional ban on same-sex marriage, it is unlikely to legalise same-sex marriage. To make matters worse only around 25% of Poles support it. Nonetheless there are attempts to create a registered partnership for gay couples. Unfortunately it failed earlier this year, but has been re-introduced for another go.

Thailand: Historically the country has been very accepting of LGBT peoples but does not recognise same-sex unions. Recently there have been attempts to recognise gay couples, currently a bill to legalise civil partnerships is making its way through the Thai Parliament.

Vietnam: Since only 37% of the public support same-sex marriage it is unlikely that it will grant full marriage rights. Nonetheless the government is trying to give some form of rights to cohabitating same-sex couples.

Sub-national jurisdictions debating civil unions:

Campeche (Mexico): Only two states have legal civil unions. Campeche is vying to be the third.
Gibraltar: As one of the few Western European jurisdictions to have no recognition of same-sex couples, it is well behind the time. This year the government has introduced legislation to create civil unions.

No comments:

Post a Comment