DYM SUM

It is this gay man’s opinion that civil unions and domestic partnerships, while indicative of a state’s ability to recognize that homosexuals are also human beings who are capable of engaging in loving and committed relationships, are really just runner-up prizes. The gay population deserves the new car, and not the year’s supply of yogurt; hence, the following map, which shows the status of same-sex marriage and unions in the United States, but gives priority to marriage. Explanations, if necessary, are below.

Green = Same-sex marriage is legal or was legalized via legislature, court decision, or both (see Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and Washington D.C.).
Lime green = Same-sex marriage was legalized, then voted down by popular vote (see California, then Maine).
Yellow = Legalization of same-sex marriage is in progress, either via legislation or judicial action
Pink = Same-sex marriages performed elsewhere are recognized; no legislation has been introduced to legalize same-sex marriage at this time.
Purple = Same-sex marriage legislation has been introduced, but no committee votes or roll calls have taken place yet.
Lilac = Same-sex marriage or same-sex union legislation was previously introduced, but no action was taken during most recent session, or legislation failed.
Orange = Civil unions or domestic/registered partnerships exist for same-sex couples; no legislation or judicial action is in progress for legalization of same-sex marriage.
Red = Same-sex marriages are neither legal nor recognized, due to statute, constitutional amendment, or both; no option (civil unions or domestic partnerships) exists for same-sex couples
Black = All same-sex unions (marriage, civil union, domestic partnership) are banned/not recognized via constitutional amendment.

Special notes:

1. The Coquille Indian Tribe of Southern Oregon, which does not fall under state or federal jurisdiction, legalized same-sex marriages on 20 May 2009.

2. Same-sex marriage was legalized in the District of Columbia (the Nation’s Capital) in December 2009. There is a 30-day period where the U.S. Congress is allowed to block such recently passed legislation, although they are not expected to do so. At present, it has been suggested that marriage licenses will start being offered there in March of 2010.

3. While the New Jersey legislature voted to reject same-sex marriage legislation in January of 2010, civil unions are still available for same-sex couples there. Rumors abound that this matter will be taken to their Supreme Court in the next year, as the Court ruled that separate is absolutely not equal in 2006, which resulted in civil unions for same-sex couples in 2007.

4. New York State recognizes same-sex marriages performed elsewhere; it was unable to pass same-sex marriage legislation in its recent session due to indecision and other factors.

5. Same-sex marriages were legal in California between 16 June and 4 November of 2008, as the result of a California Supreme Court decision; the people, through 52% of voters favored Proposition 8, which defined marriage as between a man and a woman, effectively ending marriage equality there on 4 November 2008. On 26 May 2009, the California Supreme Court upheld Proposition 8, but allowed the marriages of 18,000 same-sex couples to remain intact. At this time, California still offers domestic partnerships to same-sex couples, and a law passed in 2009 allows for couples married elsewhere during the period when same-sex marriages were legal to be recognized as married; other couples married elsewhere outside of that time period are allowed the same benefits as marriage without their unions being recognized as actual marriages. If this confuses you, it should be noted that you’re not alone.

6. Same-sex marriage was legalized in May of 2009 in Maine, but the people’s veto process allowed for 53% of voters to reject the new law in November 2009. Domestic partnerships are still available to same-sex couples in that state.

Same-sex marriages and unions in Europe

After a reader (thanks, Greg Leonard) suggested that I create a map of Europe, to show how much further along their countries are in comparison to the United States, I decided to do some additional research, and create this map as well. While six countries in Europe (the Netherlands, Belgium, Spain, Norway, Sweden, and Portugal) have legalized same-sex marriages, a number of other countries have legalized registered partnerships or civil unions in the last 20+ years as well (Denmark was the first one to do so, in 1989). Special notes are listed below the map and key.

Green = Same-sex marriage is legal.
Purple = Same-sex marriage or registered partnership legislation has been introduced or considered.
Orange = Civil unions or registered partnerships exist for same-sex couples.
Yellow = Unregistered cohabitation exists for same-sex couples (see: Croatia)
Pink = Same-sex unions performed elsewhere are recognized (see: Isle of Man.
Red = Same-sex marriages are neither legal nor recognized, via statute or constitution
Grey = There are no laws either allowing or banning same-sex marriages or unions; same-sex marriages and unions are considered not recognized in these nations.
Black = Vatican City, where one can be certain that same-sex marriages will never be legalized.

Special notes:

1. Slovenia is expected to legalize same-sex marriage within the next year; the matter is being addressed by their Parliament at this time. They have had same-sex registered partnerships since 2006.

2. Albania’s Parliament is also working on granting its LGBT citizens full marriage equality; it is unknown when this will occur.

3. Ireland published a same-sex registered partnership bill in June 2009; proponents expect registered partnerships to be fully legalized soon, although additional forces are presently fighting for full marriage equality instead.

4. Russia’s Family Code restricts marriage to heterosexual couples; there is a loophole in the law, however, that does not restrict recognizing same-sex marriages and unions performed elsewhere. A recent court ruling struck down the challenge of a lesbian couple who wish for their upcoming Canadian marriage to be recognized; the court cited the Family Code as its reasoning. Additional challenges are expected.

This page was updated on 9 January 2010, and will be updated regularly as new rulings and legislation occur.