Same-sex marriage was progressively introduced in several provinces and territories of Canada by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the Civil Marriage Act on July 20, 2005. On June 10, 2003, the Court of Appeal for Ontario issued a decision immediately legalizing same-sex marriage in Ontario, thereby becoming the first province where it was legal. The introduction of a federal gender-neutral marriage definition made Canada the fourth country in the world, and the first country outside Europe, to legally recognize same-sex marriage throughout its borders. Before the federal recognition of same-sex marriage, court decisions had already introduced it in eight out of ten provinces and one of three territories, whose residents collectively made up about 90 percent of Canada's population. More than 3,000 same-sex couples had already married in those areas before the Civil Marriage Act was passed. Most legal benefits commonly associated with marriage had been extended to cohabiting same-sex couples since 1999.
Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in the Republic of Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day.
Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the United Kingdom legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005.
Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, the Legislature passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.
The Tennessee Marriage Protection Amendment, also known as Tennessee Amendment 1 of 2006, is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specified that only a marriage between a man and a woman could be legally recognized in the state of Tennessee. This prohibited same-sex marriages within the state, reinforcing previously existing statutes to the same effect until it was overturned by the Obergefell v. Hodges ruling in June 2015.
Same-sex marriage has been legally recognized in Rhode Island since August 1, 2013. The state had authorized a limited form of domestic partnerships from 2002 to 2011 and the formation of civil unions from 2011 until the state began recognizing same-sex marriages in 2013. Rhode Island was the last state in New England to legalize same-sex marriage.
Same-sex marriage has been legal in New Hampshire since January 1, 2010, based on legislation signed into law by Governor John Lynch on June 3, 2009. The law provided that civil unions, which the state had established on January 1, 2008, would be converted to marriages on January 1, 2011, unless dissolved, annulled, or converted to marriage before that date. New Hampshire became the fifth U.S. state to legalize same-sex marriage, and the fourth in New England.
Same-sex marriage has been legal in Northern Ireland since 13 January 2020, following the enactment of the Northern Ireland Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Bermuda, a British Overseas Territory, face legal challenges not experienced by non-LGBT persons. Homosexuality is legal in Bermuda, but the territory has long held a reputation for being homophobic and intolerant. Since 2013, the Human Rights Act has prohibited discrimination on the basis of sexual orientation.
Five referendums were held in Switzerland during 2005. The first two were held on 5 June on Switzerland joining the Schengen Area and whether registered partnerships for same-sex couples should be introduced. Both questions were approved. The third was held on 25 September on a federal resolution on extending the agreement on free movement of people to new members of the European Union, and was also approved. The final two were held on 27 November on a popular initiative "for food from an agriculture free of genetic modification" and on a labour law related to the opening times of shops in public transport hubs. Both were approved.
Slovakia does not recognise same-sex marriage or civil unions. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014. Bills to recognise same-sex civil partnerships were introduced several times, in 1997, in 2000, in 2012, in 2018, in 2021 and in 2022, but were all rejected. There is some legal recognition for unregistered cohabiting same-sex couples, however. Limited rights for a "close person" are recognised under civil and penal law.
Same-sex marriage has been legal in Malta since 1 September 2017, following the passage of legislation in the Parliament on 12 July 2017. The bill was signed into law by President Marie-Louise Coleiro Preca on 1 August 2017. On 25 August 2017, the Minister for Equality, Helena Dalli, issued a legal notice to commence the law on 1 September.
An independence referendum was held in Bermuda on 16 August 1995 for voters to decide whether Bermuda should become an independent sovereign state or remain a British Dependent Territory. On a voter turnout of 59%, 74% voted against independence. Following the decisive result, Premier John Swan, who had been in favour of independence, resigned.
Maine Question 1 was a voter referendum on an initiated state statute that occurred on November 6, 2012. The referendum was held to determine whether or not to legalize same-sex marriage. The referendum passed with a 53-47% vote legalizing same-sex marriage in Maine.
Question 6 is a referendum that appeared on the general election ballot for the U.S. state of Maryland to allow voters to approve or reject the Civil Marriage Protection Act—a bill legalizing same-sex marriage passed by the General Assembly in 2012. The referendum was approved by 52.4% of voters on November 6, 2012, and thereafter went into effect on January 1, 2013.
A constitutional referendum was held in Croatia on 1 December 2013. The proposed amendment to the constitution would define marriage as being a union between a man and a woman, which would create a constitutional prohibition against same-sex marriage. 37.9% of eligible voters voted. After processing all of the ballots, the State Election Commission announced that 65.87% voted yes, 33.51% no and 0.57% of ballots were disregarded as invalid.
The Thirty-fourth Amendment of the Constitution Act 2015 amended the Constitution of Ireland to permit marriage to be contracted by two persons without distinction as to their sex. Prior to the enactment, the Constitution was assumed to contain an implicit prohibition on same-sex marriage in the Republic of Ireland. It was approved at a referendum on 22 May 2015 by 62% of voters on a turnout of 61%. This was the first time that a state legalised same-sex marriage through a popular vote. Two legal challenges regarding the conduct of the referendum were dismissed on 30 July by the Court of Appeal, and the bill was signed into law by the President of Ireland on 29 August. An amendment to the Marriage Act 2015 provided for marriages permitted by the new constitutional status. The act came into force on 16 November 2015; the first same-sex marriage ceremony was held on 17 November 2015.
Same-sex marriage is currently not recognised nor performed in Bermuda, a British Overseas Territory, but it was legal between 2017 and 2022. However, marriages performed during that period remain valid.
Public opinion of same-sex marriage in Australia has shifted from 38% support in 2004 to majority support of 75% in 2023.
A multi-question referendum was held in Taiwan on 24 November 2018 alongside local elections. The referendum was the first since the December 2017 reform to the Referendum Act, which reduced the threshold for submitting questions to the ballot; under the new system, signatures from 1.5 percent of the electorate were required to successfully put a question on the ballot, reduced from 5 percent previously.
