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The Issues:
Marriage Equality
International Law: A Global Perspective

All over the world, more countries than ever are implementing relationship recognition laws for same sex couples. In the Netherlands, marriage and adoption legislation was implemented in 2001. While the legislation grants the full range of protections, responsibilities and benefits that come with marriage, there is no joint adoption of children from outside the Netherlands for married same-sex couples.  

Marriage legislation was adopted in Belgium in 2003.   This grants the full range of protections, responsibilities and benefits that come with civil marriage, with the exception of joint parental responsibility or adoption by a same-sex partner or a same-sex couple.

Courts in Ontario and British Columbia ruled in 2003 that it is unconstitutional to deny a marriage license to same-sex couples, making Canada the first place in the world where gays and lesbian citizens of the United States can legally marry.   Under Canadian law, one need not be a Canadian citizen to marry, though one must establish residency to seek dissolution of the marriage.   For more information about marriage in Canada, click here.

Several counties in the world grant legal recognition to same sex couples through registered partnerships that is equivalent or nearly equivalent to marriage.   These countries include:

  • Iceland
  • Finland
  • Denmark
  • France
  • Germany
  • Greenland
  • Norway
  • Sweden
  • Spain (certain provinces)
  • Switzerland

Still more countries grant rights and responsibilities automatically after a specified period of cohabitation, which usually also available to heterosexual couples.   These countries include:

  • Argentina (certain provinces)
  • Australia
  • Croatia
  • Hungary
  • New Zealand
  • Portugal
  • Scotland
  • South Africa
  • Spain

In the United States, one cannot sponsor a same-sex partner from another country for a green card, forcing many Americans to choose between their country and the love of their life.   Meanwhile, fourteen countries recognize relationships between same-sex couples for purposes immigration purpose.

  • Australia
  • Belgium
  • Canada
  • Denmark
  • France
  • Germany
  • Israel
  • Netherland
  • New Zealand
  • Norway
  • South Africa
  • Sweden
  • New Zealand
  • United Kingdom

To learn more about immigration issues, visit the Lesbian and Gay Immigration Rights Task Force at www.lgirtf.org.   To learn more about relationship recognition laws in other countries, visit the International Gay and Lesbian Human Rights Commission.


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