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Same-sex marriage where possible. Why legalize same-sex marriage and who does it bother?

Love is often a completely inexplicable phenomenon. In almost every corner of the planet there are people who experience love feelings not to members of the opposite sex, but to people just like them. If these feelings are mutual, then the natural desire of these people is the desire to legitimize their relationship.

Love relationships between representatives of sexual minorities contradict the laws of nature, so supporters of unconventional love often encounter criticism from society. However, there are many places in the world where legislative level people of the same sex are given the opportunity to officially start a family.

The concept of same-sex marriage and the problem of its legalization in the world

A marriage between two people of the same gender is called same-sex marriage. Homosexuality has been known since ancient times. Historical sources indicate that unconventional relationships were allowed in ancient Rome, Greece and China.

The generally accepted concept of marriage implies a voluntary union of two people of different sexes (a man and a woman). Over the past few decades, this interpretation has changed. Now in many tolerant countries, marriage can be formalized not only between people of different sexes, but also between people of the same gender. Legally recognized same-sex unions appeared in 1979, but only in 2001 legal status This relationship came close to a marriage.

Now in some states the right to raise adopted children has been legalized for non-traditional families. Legal responsibility in such families is identical to traditional unions:

  • both partners have equal rights to jointly acquired property;
  • a common surname is chosen or left by each partner;
  • in countries where same-sex marriages and adoption of children by such parents are allowed, in the event of a divorce, the party with whom the children live can claim alimony;
  • spouses can represent each other's interests in different public organizations.

Countries that legally allow same-sex marriage

Today, same-sex people have the right to legalize their relationships in such large countries like America, Australia and also in countries Western Europe. The legalization of same-sex marriage has affected more than 20 countries around the planet.

The first country to legalize the same-sex family form was the Netherlands in 2001. However, when concluding such a union, one of the spouses must be a citizen of the Netherlands. Adoption of children is possible, but the requirements are very strict, one of them is that potential adoptive parents have lived together for at least 3 years. In the same year, the Finnish government signed laws allowing marriages between minorities to be registered, but with restrictions. According to the law, spouses do not have the right to have a common surname and have children.

At the end of January 2003, the Belgian Parliament decided that non-traditional marriages can also be concluded on the same rights as traditional ones. Three years later, same-sex spouses gained the right to adopt children.

The law legalizing same-sex marriage in Spain was passed on June 30, 2005. Also, non-traditional spouses can pretend to be parents and adopt minors.

Canada became the fourth country to allow same-sex marriage. As a result of the adoption of the law, same-sex marriages with the right to adopt children can be formalized throughout Canada. Other states followed the example of these countries:

Many aspects of the law have not yet been improved and remain controversial, for example the right to adopt children, but in big picture progress is being made. In some states, unions between people of the same sex are registered as civil partnerships. For example, this is how relationships are registered in the Czech Republic, Germany, Switzerland, Italy, and Hungary.

From 1993 to 2009 in Norway, representatives of sexual minorities formalized civil partnerships, and then began to marry. Almost all developed countries continue to consider the positive and negative aspects of recognizing the legitimacy of non-traditional unions.

Which states prohibit same-sex marriage?

There are countries where the Constitution prohibits same-sex relationships. This is the situation, for example, in many countries Eastern Europe. The legislation of some countries provides for severe punishment for same-sex relationships, sometimes even the death penalty. This is often due to strong religious influences. Criminal penalties for same-sex relations are applied in the following states:

  • Iran;
  • Barbados;
  • Saudi Arabia;
  • Tanzania;
  • Pakistan;
  • Malaysia.

Most Muslim countries are categorically against same-sex relationships, because Islam is a religion with strict requirements and developed religious traditions. Homosexual relations in Islam are completely unacceptable, therefore they are punished to the fullest extent - death penalty.

Same-sex relationships do not find support among Orthodox priests, who also have a negative attitude towards this. Orthodox faith considers homosexuality a sin that needs to be gotten rid of. Russia is an Orthodox country, so same-sex marriage is prohibited on its territory, and this trend is likely to continue in the coming decades.

Recognition of same-sex marriages performed in other countries or regions

Russian legislation does not provide for the recognition of marriages and any other forms of unions between people of the same gender, no matter how serious their relationship may be. It is worth noting that traditional marriages registered in foreign countries and complying with the laws of these countries are recognized in the Russian Federation. Russians can register non-traditional relationships in a foreign country that provides this right. Countries that allow registration of non-traditional marriage between foreign citizens are Portugal, USA, Argentina, Denmark, Canada, South Africa. At the same time, this marriage will be illegal in the homeland.

Family Code in case of occurrence controversial issues concerning marriages registered outside the Russian Federation, is guided by the norms of international law. However, only on the condition that an international treaty is signed between Russia and the country in which this union is formalized. As for same-sex families, Russia does not have international agreements on such unions. That is, a non-traditional marriage officially registered in another state in Russia will not have any legal force.

Some states (regions) prohibit the registration of same-sex marriages or unions, but those concluded in other countries (regions) are recognized at the legislative level. An example of such countries would be: Sint Maarten (Netherlands), Israel, Estonia, Aruba (Netherlands), Armenia, Mexico.

More recently, the World Health Organization considered homosexuality a disease. In 1990, the policy of total protection of equality gained popularity; same-sex love was no exception. The status of same-sex relationships was changed and homosexuality was removed from the world list of diseases.

The most important role in the legalization of same-sex marriage went to the UN International Conference held in 1994 in Cairo. All human rights and freedoms were clearly stated in the conference documents.

The clause that secured the right to choose any sexual partner and any form of union with him became fateful for unconventional love. The program also provided for the establishment of equal rights between people, regardless of religious beliefs, race, skin color and, most importantly, sexual orientation. Due to the recognition of equality of rights, very quickly in many states they were officially permitted and legalized different shapes unions between representatives of sexual minorities.

Since May 2003, the world has celebrated the Day against Homophobia. And already in 2011, the UN adopted a resolution that established a ban on any form of discrimination against gays.

Switzerland – the only country, where the law on the registration of civil partnerships between people of the same sex was signed on the basis of a referendum in June 2005. It is also possible to legalize a marriage between two people of the same gender in Switzerland, but only on the condition that one of the spouses has changed their gender and the registration of the marriage took place before the operation.

SAS Airlines announced a drawing for a trip to the USA. This event happened in September 2010 in Sweden. As part of this program, they offered to formalize a marriage between people of the same sex on board an airplane flying from Stockholm to New York. The prize was honeymoon in the state of California. The winners were determined based on the results of online voting; on the plane, two couples, male and female, tied themselves with family ties.

IN modern world All more countries grant same-sex couples the right to formal marriage. However, in Russia and a number of other states such marriages are not recognized. And in some states, homosexual relations are punishable by death. If the partners are determined to register their relationship, you can go to one of those countries where same-sex marriage is allowed.

Traditional and same-sex marriage

The concept of “marriage” arose back in the days ancient states. But several thousand years ago, and today it means the voluntary unification of a man and a woman into one family. Marriage in the traditional sense is a union between persons of the opposite sex. It is concluded by their mutual desire to create a family. However, over the past few decades this concept has undergone changes. This primarily affected European tolerant states. Not only heterosexual but also homosexual couples can now marry. In some countries they are also allowed to have children. This trend is also supported by international level. However, not all states, due to their religious and cultural traditions, are ready for such changes.

International regulation and legalization

An interesting fact is that not so long ago homosexuality was considered a disease by the World Health Organization. But since 1990, it has been removed from the list of globally recognized diseases. This was done in favor of the emerging policy of total protection of equality, including for adherents of same-sex love.

The main role in the legalization of relations of sexual minorities was played by the Cairo International Conference of the United Nations on Population and Development in 1994 (hereinafter referred to as the Cairo Conference). Its program formulated principles in the field of human rights and freedoms. One of them proclaimed the right to choose any sexual partner and enter into any union. Human freedom began to be interpreted even more broadly. The equality of all is proclaimed regardless of race, skin color, gender, religion and sexual orientation. The development of these principles has led to many countries officially recognizing and/or allowing such unions.

At the international level, since 2003, even a day against homophobia has been celebrated (May 17). And 2011 was marked by the adoption of a UN resolution prohibiting any discrimination against homosexuals.

Video: Gay rights around the world

Where can you get into a same-sex marriage?

The principles approved at the Cairo Conference were gradually developed in many countries. Since 2000, the process of legalizing homosexual unions began in a number of European countries. However, questions about the rights of sexual minorities, even in the most tolerant of them, cause controversy in society.

Some countries recognize such connections, but do not officially register them. Others both recognize and register same-sex unions. Still others register them in other forms, recognizing marriages concluded in other countries. There are those who prohibit them and even punish them with death.

List of countries where same-sex marriage is legal

Among the most loyal states that have confirmed the legalization (that is, legality) of same-sex marriages are:

  • Netherlands (2001);
  • Belgium (2003);
  • Spain, Canada (2005);
  • South Africa (2006);
  • Norway, Sweden, Portugal, Iceland (2009);
  • Argentina (2010);
  • Denmark (2012);
  • Brazil, Uruguay, France, New Zealand (2013);
  • Luxembourg, USA, Ireland (2015);
  • Columbia (2016);
  • Finland (2017).

The possibility of registering non-traditional marriage unions is currently available in twenty countries. In Mexico and Great Britain, such marriages are not legalized in all parts (states). In some states, unions of non-traditional couples have a status other than marriage, namely a registered civil partnership. Such rules apply in Germany, the Czech Republic, Hungary, Croatia, Estonia, Austria, Switzerland, Greece, Slovenia, and Italy.

Does Russian family law allow registration of homosexual couples?

Russia is not one of the countries that advocates the legalization of same-sex love. The legislation does not contain a direct ban on such unions. As well as regulations that infringe on the rights of sexual minorities. But current legislation does not provide the right to non-traditional couples to legalize their relationship.

The country's Family Code (RF FC) contains the traditional definition of marriage as the union of a man and a woman (Article 12). At the same time, homosexuality is not listed among the circumstances that make marriage impossible (Article 14 of the RF IC). However, same-sex couples in Russia will not be able to be adoptive parents of children. The law provides for a direct ban on this (clause 13 of article 127 of the RF IC).

Homosexual unions (marriages) concluded in other countries are not recognized in our country. In addition, Russia is not a party international agreements on the legalization of non-traditional marriages. Based on this, we can conclude that the attitude towards marriage of homosexual couples in Russia will not change in the near future.

Video: why Russia won’t legalize gay marriage

Position of Russian society

The state has been concerned about the demographic situation for several years now and is taking measures to increase the birth rate. And people brought up under the influence of cultural and religious traditions are not nearly as tolerant in this matter as Europeans. Especially the generation that grew up back in the days Soviet Union. Young people look at homosexuality more simply. Some support gay rights, others are neutral. However, the majority still have a negative attitude towards same-sex unions. To Russian society The international principles established in relation to same-sex marriage are alien. According to the results of surveys conducted in different years, only 4 to 30% of citizens expressed their agreement with homosexual marriages. At the state level, society instills ideas of the value of family, motherhood, childhood and traditional relationships.

Video: Should same-sex marriage be legalized? (survey of residents of Russia and Ukraine)

Which countries prohibit same-sex unions?

In contrast to those countries where the full legalization of homosexual marriages has been introduced, there are states that insist on banning them. Some of them provide for severe punishment for any homosexual relations, up to death penalty. For the most part, these include countries with strong religious traditions. These are Eastern and African states, countries of Asia and Latin America, Oceania.

Homosexuals are subject to serious criminal prosecution in the following countries:

  • Saudi Arabia;
  • Sudan;
  • Iran;
  • Pakistan;
  • Malaysia;
  • Tanzania;
  • Barbados.

There is no consensus in the world community regarding homosexual marriages. Majority European countries resolve their conclusion by invoking equality regardless of orientation. There are more than two hundred countries in the world, and only twenty of them have so far officially recognized the legality of same-sex unions. The rest are either loyal, neutral, or openly opposed. Some countries that share European values ​​will apparently also legalize such unions in the near future. However, in states with strong religious traditions, this issue will not be resolved positively soon.

    Same-sex marriage allowed in fifteen countries around the world, in more than half of the US states (the states of Wyoming, Kansas, Colorado, are preparing to allow same-sex marriage South Carolina, North Carolina, West Virginia, in some states of Mexico. Same-sex marriages are also registered in England, Scotland and Wales. Obviously, the list will only grow. Estonia has also adopted a law on cohabitation of same-sex partners, which may come into force in 2016.

    Same-sex marriage allowed in many countries around the world.

    Today, more and more often you can hear about wedding ceremonies of celebrities and others.

    And I remember those years when they were even afraid to talk about it. I remember two girls sat together in our group and very often caressed each other and kissed. It was wild for us.

    Now deputies and actors kiss - and this is the norm.

    In countries such as Argentina, Portugal, Spain, South Africa, Belgium, Sweden, Canada, and the Netherlands, same-sex marriages are allowed.

    In Germany you can also marry a same-sex friend.

    They hastened to do this Evgeny Mironov and Sergey Astakhov.

    Denmark became the first in this ignoble matter in 1986. In 1993, Denmark was apparently supported by Norway as a neighbor. Sweden surrendered in 1995. And off we go. Iceland, Bulgaria, Holland and so on. More full list given in the previous answer.

    Officially, same-sex marriages are registered and permitted in the following states:

    • Since April 1, 2001 in the Netherlands (Holland).
    • Since June 1, 2003 in Belgium.
    • Since July 3, 2005 in Spain.
    • Since July 20, 2005 in Canada.
    • Since December 1, 2006 in South Africa.
    • Since January 1, 2009 in Norway.
    • Since May 1, 2009 in Sweden.
    • Since June 5, 2010 in Portugal.
    • Since June 27, 2010 in Iceland.
    • Since July 22, 2010 in Argentina.
    • Same-sex marriage is officially legal in some US states.

  • It is also important to note the countries where two citizens of Russia or another CIS country can enter into a same-sex marriage. In Europe, this is easy to do in Portugal, Iceland and Denmark, a little more difficult in Norway. With great difficulties, but theoretically possible - in Belgium and Spain. Other countries: Canada, USA, Argentina, South Africa, presumably Uruguay. Other countries require that at least one of the spouses be from a country with recognized same-sex marriages (unions).

    Same-sex marriage is legal in many European countries. In some countries, same-sex families can also adopt children. The first country to approve same-sex marriage was Denmark, which happened towards the end of the last century. Now same-sex marriages are also official in Norway, Sweden, Holland, and Belgium. The list of countries expands every year. Many US states have allowed same-sex marriage for their citizens. In Russia, same-sex marriages are not official.

    I don’t understand why these marriages? Well, live in peace, why start a family if it cannot be a full-fledged family. I just think it's a shame. God created two types of people, not one, so worry according to God’s laws.

    Same-sex marriage.

    For what? For what? Why?

    List of countries where same-sex marriage is legal:

    • Denmark since 1986;
    • Norway has allowed civil unions since 1993, and full same-sex marriages since 2009;
    • Sweden has allowed registered partnerships since 1995, and full same-sex marriages since 2009;
    • Since 1996, Bulgaria has provided same-sex unions with economic rights in terms of medical care. services, inheritance rights, burial rights and immigration. Since 2009, full marriages are possible, with the exception of changing the surname and the right to adoption.
    • Iceland has allowed registered civil unions with all the rights of a customary marriage since 1996;
    • Holland since 1998 - registered partnerships. In 2001, Holland was the first country to propose the wording of same-sex marriage without exceptions at the legislative level;
    • France approved a law on civil unions in 1999;
    • Since 2001, Finland has allowed registered partnerships with no possibility of taking each other's surnames and adoption of children;
    • Germany since 2001 - lifelong partnerships, which are not considered full-fledged marriages;
    • Portugal passes a civil union law in 2001;
    • Belgium has allowed same-sex marriage since 2003;
    • Croatia passes a law in 2003 on civil unions between same-sex partners, which are given some marriage rights;
    • Luxembourg approved same-sex civil unions in 2004;
    • New Zealand since 2004. Civil unions in New Zealand have many, but not all, of the rights of a customary marriage;
    • Spain since 2005. Same-sex marriage.
    • Canada has allowed same-sex marriage since 2005. Canada also allows marriage registration between non-citizens;
    • UK since 2005. The Civil Partnership Act was passed and came into force for England, Scotland, Wales and Northern Ireland;
    • Switzerland - 2005. Registered partnerships have vested equal rights with marriage, except for rights to infertility treatment, rights of adoption and name change;
    • Ireland since 2009. Same-sex civil unions in this country are equal to ordinary marriage in almost every way;
    • Argentina has legalized same-sex marriage since 2010.

    Same-sex marriages are officially recognized and can be registered in the following states and their parts:

    States:

    • Netherlands;
    • Belgium;
    • Spain;
    • Canada;
    • Norway;
    • Sweden;
    • Portugal;
    • Iceland;
    • Argentina.

    Parts of states:

    • USA: Massachusetts;
    • USA: Coquille Indian Territory in Oregon;
    • USA: Connecticut;
    • USA: Iowa;
    • USA: Vermont;
    • USA: New Hampshire;
    • USA: District of Columbia;
    • Mexico: Mexico City;

    Same-sex partnerships (civil partnerships or civil unions), which are legally more limited in rights than same-sex marriage, are legalized in many Western and Western countries. Northern Europe(Great Britain, Denmark, Ireland, Greenland, Germany, France, Andorra, Finland, Czech Republic, Luxembourg, Slovenia, Croatia, Hungary, Switzerland, Austria). Other countries: Israel, New Zealand, Australia, Colombia, Ecuador, Uruguay. Some provinces and municipalities (in the USA, Mexico, Brazil, Venezuela). Some forms of same-sex unions are also legal in America.

    In the near future, several more countries intend to legalize same-sex marriage. These are Luxembourg, Albania, Slovenia, Chile and Nepal.

    Interesting facts

Same-sex marriage is a family union between persons of the same sex.

The Cairo Council played an important role in the process of legalizing the “same-sex family” in the world community. international conference UN Population and Development 1994. The Cairo Conference approved the Program of Action for Population Control. Principle 9 of the Program established equality and equivalence different types sexual unions, including same-sex unions.

Netherlands

The Netherlands became the first country in the world to legalize same-sex marriage. A law allowing same-sex marriage and the adoption of children by such families has been in effect since April 2001.
To exercise this right, however, certain restrictions have been introduced. Homosexuals can enter into civil marriage through a regular ceremony at City Hall, just like opposite-sex couples. When such marriages are concluded between persons who are not Dutch nationals, one of them must always and permanently legally live in the Netherlands. Mayors also have the right to refuse to register such marriages.

In accordance with this law, homosexuals can marry in the generally accepted official way, as well as get married, but church parishes retain the right to refuse them this ceremony.

Portugal

On May 17, 2010, Portuguese President Anibal Cavaco Silva decided to ratify a bill authorizing the country. The document, developed by the ruling Socialist Party, received the support of all political forces of the center-left spectrum and was approved in parliament in early January 2010. The bill was opposed by right-wing politicians who insisted that the issue should be put to a national referendum.

Iceland

On June 11, 2010, the Icelandic Parliament passed a law. Parliament adopted the document unanimously. Iceland, where homosexual relationships are very tolerant, has become the first country in the world whose leader is a person who openly declares his non-traditional sexual orientation. In 2009, Johana Sigurðardóttir, who does not hide her homosexuality, was elected Prime Minister of the country.

In the United States, representatives of sexual minorities began to fight for the right to marry each other in the 1970s, in the wake of mass movements for civil rights racial minorities. This idea, which was initially categorically rejected by American society, gradually gained the right to life. In 2002, after the European Court of Human Rights spoke in favor of registering transgender marriages, a new wave of debate arose in the United States and trials, this time focusing on the acceptability of gay marriage and its compliance with the US Constitution. In 2000, Vermont became the first American state, which allowed the creation of civil unions between gays and lesbians.

On March 3, 2010, gay marriage became legal in the District of Columbia metropolitan area.

Mexico

On December 21, 2009, the legislature of the Mexican capital Mexico City passed a law that allows same-sex marriage.
Mexico City became the first city in Latin America, where you can officially register your marriage.

Argentina

On July 21, 2010, Argentine President Cristina Fernandez de Kirchner signed a law approved by the National Congress.

In 2002, Argentina became the first Latin American country to officially allow same-sex couples to live in civil unions, but they did not have all the rights of a heterosexual married couple. In particular, they could not adopt children.

Brazil

In May 2011, Brazil's Supreme Court allowed same-sex civil unions for the first time, followed by a ruling in October 2011 that made same-sex marriage possible in the country. At the same time, there is no federal law, allowing same-sex marriage.

The bill will now be debated in the House of Lords.

The passage of the Same-Sex Marriage Act will allow gay couples to marry in both civil and church ceremonies. At the same time, the latter.

Uruguay

On April 11, 2013, the Lower House of Parliament of Uruguay approved the bill. The document was previously approved by the upper house of parliament. New law will come into force after it is signed by the country's President José Mujica, who has always supported the rights of sexual minorities.

France

On April 10, 2013, the French Senate approved the rule on.
12 April French Senate allowing same-sex couples to register marriage and adopt children.
The law is expected to come into force in early summer, but first it must be signed by the country's President Francois Hollande and published by the country's official publication, the Journal officiel.

The material was prepared based on information from RIA Novosti and open sources