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{{flagicon|Aruba}}''']''', {{flagicon|Curaçao}}''']''', {{flagicon|Sint Maarten}}''']''' As part of the Kingdom of the Netherlands, in April 2015 representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom.<ref></ref> The same month a registered partnership bill was submitted in Aruba.<ref></ref> {{flagicon|Aruba}}''']''', {{flagicon|Curaçao}}''']''', {{flagicon|Sint Maarten}}''']''' As part of the Kingdom of the Netherlands, in April 2015 representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom.<ref></ref> The same month a registered partnership bill was submitted in Aruba.<ref></ref>


{{flagicon|Greenland}} ''']''': A motion aiming for the adoption of parts<ref></ref> of Denmark's marriage law, had its first reading in the parliament of Greenland on 25 March 2015<ref>{{da icon}} </ref> and was approved unanimously on second reading held on 26 May 2015.<ref>{{da icon}} </ref> Since Denmark's 2012 marriage amendment law states that "the law shall not apply to the Faroe Islands and Greenland", Denmark has to enact a law in order that the provisions of its current marriage law would be applicable to Greenland. A bill to this effect was submitted to the parliament of Denmark on 28 January 2015 and had its first reading on 26 May 2015.<ref>{{da icon}}</ref> It is expected to have its second reading in September 2015 and, if approved, to come into effect on 1 October 2015. {{flagicon|Greenland}} ''']''': A motion aiming for the adoption of parts<ref></ref> of Denmark's marriage law, had its first reading in the parliament of Greenland on 25 March 2015<ref>{{da icon}} </ref> and was approved unanimously on second reading held on 26 May 2015.<ref>{{da icon}} </ref> Since Denmark's 2012 marriage amendment law states that "the law shall not apply to the Faroe Islands and Greenland", Denmark has to enact a law in order that the provisions of its current marriage law would be applicable to Greenland. A bill to this effect was submitted to the parliament of Denmark on 28 January 2015 and had its first reading on 26 May 2015.<ref>{{da icon}}</ref> It is expected to have its second reading in September 2015 and come into effect on 1 October 2015. However, it lapsed due to parliamentary elections.<ref></ref> An updated version of the bill with a similar content<ref></ref> was submitted to parliament on 29 October 2015 and is scheduled to have its first reading on 5 November 2015.<ref></ref> If approved, the sections related to gay marriage would ] take effect from 1 April 2015. <br>Application to Greenland of Denmark's Registered Partnership Act, which currently applies to Greenland only, would be repealed the same day.


====Opposition proposals or proposals without a parliamentary majority==== ====Opposition proposals or proposals without a parliamentary majority====

Revision as of 01:58, 4 November 2015

State recognition of same-sex relationships in North America & Hawaii.   Same-sex marriage   Other type of partnership   Same-sex marriages recognized, but not performed   Binding decision overturning a ban on same-sex marriage not in effect May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.
Some states in these categories also have a ban unions similar to marriage and binding judicial rulings against bans unions similar to marriage.
Homosexuality laws in Central America and the Caribbean Islands.   Same-sex marriage   Other type of partnership   Unregistered cohabitation   Foreign same-sex marriages recognized   No recognition of same-sex couples   Constitution limits marriage to opposite-sex couples   Same-sex sexual activity illegal but not enforced   Same-sex sexual activity illegal only for males   Same-sex sexual activity illegal for males and females
Homosexuality legislation in Lesser Antilles.   Same-sex marriage   Same-sex marriage only recognized   Other type of partnership   Unrecognized or unknown   Same-sex sexual activity illegal but not enforced   Same-sex sexual activity illegal
Part of the LGBTQ rights series
Legal status of
same-sex unions
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. ^ Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. Romania provides hospital visitation rights through a "legal representative" status.
  1. Not yet in effect.
LGBTQ portal

Currently, Canada and the United States are the only countries in North America that allow same-sex couples to marry everywhere within their boundaries. In Mexico, four Mexican states have legalized same-sex marriage (although such marriages are recognized throughout the 31 states of Mexico) as well as the Mexican federal district of Mexico City. Same-sex marriages are also performed in the Caribbean Netherlands and will be performed in Greenland beginning in October 2015. Furthermore Aruba, Curaçao and Sint Maarten, recognize same-sex marriages performed in the Netherlands. In addition, four Mexican states perform some sort of civil union and 24 Mexican states have won injunctions to have individual couple's marriages performed under court order. After South America, North America is the only other continent where an overwhelming majority of people live in a jurisdiction providing marriage rights to LGBT citizens.

Current situation

National level

Status Country Legal since Country population
(Last Count, 2008 est.)
Marriage
(2 countries) 		Canada Canada 2005 33,573,000
United States United States 2015 311,630,000
Subtotal — — 345,203,000
(64.8% of the North American population)
Marriage recognized,
but not performed
(1 country) 		Mexico Mexico 2010 112,322,757
Subtotal — — 112,322,757
(21.9% of the North American population)
Unregistered cohabitation
(1 country) 		Costa Rica Costa Rica 2014 4,579,000
Subtotal — — 4,579,000
(0.8% of the North American population)
Total — — 462,104,757
(87.5% of the North American population)
No recognition
(16 countries) 		Antigua and Barbuda Antigua and Barbuda — 88,000
The Bahamas Bahamas — 342,000
Barbados Barbados — 256,000
Belize Belize — 307,000
Dominica Dominica — 67,000
El Salvador El Salvador — 6,163,000
Grenada Grenada — 104,000
Guatemala Guatemala — 14,027,000
Haiti Haiti — 10,033,000
Jamaica Jamaica — 2,719,000
Nicaragua Nicaragua — 5,743,000
Panama Panama — 3,454,000
Saint Kitts and Nevis Saint Kitts and Nevis — 52,000
Saint Lucia Saint Lucia — 172,000
Saint Vincent and the Grenadines Saint Vincent and the Grenadines — 109,000
Trinidad and Tobago Trinidad and Tobago — 1,339,000
Subtotal — — 41,521,000
(7.1% of the North American population)
Constitutional ban on marriage
(3 countries) 		Cuba Cuba 1976 11,204,000
Dominican Republic Dominican Republic 2010 10,090,000
Honduras Honduras 2005 8,503,574
Subtotal — — 28,760,000
(5.4% of the North American population)
Total — — 70,281,000
(12.5% of the North American population)

Sub-national level

Status Country Jurisdiction Legal since
Marriage
(38 jurisdictions)
Denmark Denmark 2015
France France
  • Guadeloupe Guadeloupe
  • Martinique Martinique
  • Saint Barthélemy Saint Barthélemy
  • Collectivity of Saint Martin Saint Martin
  • Saint Pierre and Miquelon Saint Pierre & Miquelon
 2013
Netherlands Netherlands
  • Bonaire Bonaire
  • Sint Eustatius Saint Eustatius
  • Saba (island) Saba
 2012
Mexico Mexico Varies
United States United States Varies
Marriage recognized,
but not performed
(3 jurisdictions)
Netherlands Netherlands
  • Aruba Aruba (Dutch only)
  • Curaçao Curaçao (Dutch only)
  • Sint Maarten Sint Maarten (Dutch only)
 2007
Other type of partnership
(4 jurisdictions)
Mexico Mexico Varies
No recognition
(3 jurisdictions)
United Kingdom United Kingdom —
Constitutional ban on same-sex marriage
(3 jurisdictions)
United Kingdom United Kingdom Varies

Future Legislation

Marriage

Government proposals or proposals with a parliamentary majority

ArubaAruba, CuraçaoCuraçao, Sint MaartenSint Maarten As part of the Kingdom of the Netherlands, in April 2015 representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom. The same month a registered partnership bill was submitted in Aruba.

Greenland Greenland: A motion aiming for the adoption of parts of Denmark's marriage law, had its first reading in the parliament of Greenland on 25 March 2015 and was approved unanimously on second reading held on 26 May 2015. Since Denmark's 2012 marriage amendment law states that "the law shall not apply to the Faroe Islands and Greenland", Denmark has to enact a law in order that the provisions of its current marriage law would be applicable to Greenland. A bill to this effect was submitted to the parliament of Denmark on 28 January 2015 and had its first reading on 26 May 2015. It is expected to have its second reading in September 2015 and come into effect on 1 October 2015. However, it lapsed due to parliamentary elections. An updated version of the bill with a similar content was submitted to parliament on 29 October 2015 and is scheduled to have its first reading on 5 November 2015. If approved, the sections related to gay marriage would retroactively take effect from 1 April 2015.
Application to Greenland of Denmark's Registered Partnership Act, which currently applies to Greenland only, would be repealed the same day.

Opposition proposals or proposals without a parliamentary majority

Mexico Mexico A decision of the Mexico Supreme Court on 12 June 2015 resulted in a ruling that found that state bans on same-sex marriage were unconstitutional. The court's ruling is considered a "jurisprudential thesis" and does not invalidate any state laws, meaning gay couples denied the right to wed would still have to seek individual injunctions. The ruling standardized the procedures for judges and courts throughout Mexico, to approve all applications for same-sex marriage, and made the approval mandatory. The ruling was published in the country's Judicial Gazette on 19 June 2015 and became binding on 22 June 2015. Some have suggested the ruling "effectively legalises" same-sex marriage in Mexico, though without legislative change, civil registrars are still bound to follow the state constitutions.

Notes

  1. Excluding most Native American tribes. (Same-sex marriage is legal in 24 of them)

See also

Recognition of same-sex unions in North America
Sovereign states
Dependencies and
other territories
LGBT rights in North America
Sovereign states
Dependencies and
other territories

References

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  3. Liptak, Adam (26 June 2015). "Gay Marriage Backers Win Supreme Court Victory". nytimes.com. Retrieved 26 June 2015.
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  7. Template:Es icon Constitución Política de la República Dominicana, proclamada el 26 de enero 2010, Publicada en la Gaceta Oficial No. 10561, del 26 de enero de 2010.
  8. Template:Es icon CONSTITUCION POLITICA DE LA REPUBLICA DE HONDURAS DE 1982
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