Gay marriage law
What the Same Sex Marriage Bill Does and Doesn't Do
The U.S. Senate passed landmark legislation this week enshrining protections for similar sex and interracial marriages in federal law in a bipartisan vote that marked a dramatic turnaround on a once highly divisive issue.
The Senate deed marks a major hurdle for the legislation, which President Biden has said he will subscribe into law pending a vote in the House of Representatives.
Leonore F. Carpenter, a Rutgers Rule School professor who has served as an LGBTQA rights attorney, explains what the Respect for Marriage Act accomplishes, and what is does not.
What exactly does the Respect for Marriage Act complete to protect same-sex marriage?
The Perform does a few important things.
First, it repeals the federal Defense of Marriage Act. That commandment was passed in , and it prohibited the federal government from recognizing same-sex marriages that had been validly entered into under a state’s law. It also gave the green delicate to states to refuse to recognize same-sex marriages from other states.
Next, it prohibits states from refusing to
Parag Mehta and Vaibhav Jain were married in Washington DC on January 19, On March 5, , the couple attempted to register their marriage with the Consulate of India in Unused York City. Nevertheless, they were denied.
The newlyweds contended that this denial was in clear violation of India’s Constitution, which prohibits discrimination on the basis of sex. “After all, if I were a female, Vaibhav would possess been able to register our marriage without issue,” said Mehta in an email to GLAAD. Instead, they sued for redress and their case was eventually transferred from the High Court of Delhi to the Supreme Court of India along with dozens of other petitioners.
Finally, the courts have reach to a decision.
On Tuesday, India’s Supreme Court rejected pleas to legalize homosexual marriage, but affirms that citizens own the right to be in LGBTQ relationships without facing discrimination. While the court decided that the issue of same-sex marriage is up to the legislature and out of the scope of the judicial system, Chief Justice DY Chandrachud expressed that the right to choose one’s par
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and share tools, resources, and lessons learned to strengthen movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in
Liechtenstein: On May 16, , Liechtenstein's gove
l Same-sex marriage under Hindu law
According to Section 5 of the Hindu Marriage Act, a marriage may be solemnized between "any two Hindus" provided that certain conditions are met. The conditions outlined in the act use gender-neutral terms such as "party" and "parties," with the exception of Sub-section (iii), which requires that the bridegroom be at least 21 years old and the bride be at least 18 years elderly at the time of marriage. The statute further employs the terms "bride and bridegroom" or "husband and wife" to portray the parties involved in a marriage. This suggests that the Hindu Marriage Act did not initially contemplate marriages between individuals of the same sex.
Moreover, the definition of "degrees of prohibited relationship" as specified in Section 5(iv) in conjunction with Section 3(g)(iv) appears to leave out same-sex couples, as it includes relationships such as brother-sister, uncle-niece, and aunt-nephew but not those between individuals of the matching sex. However, this prohibition is likely intended to prevent inbreeding and is therefore not