Status of Same-Sex Partnerships/Marriage Around the World

Countries Where Some Type of Same-sex Partnership Is Currently Legal

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Canada

The Canadian High Court ruled in 1999 that same-sex partnerships must be given the same legal benefits given to mixed-sex couples who can legally marry. The Canadian decisions are based upon the Charter of Human Rights adopted by this country.

Denmark

On October 1, 1989, Denmark's new same-sex partnership law took effect making it the first country in the world to grant to gay/lesbian couples the civil benefits accorded to mixed-sex couples. Although not outright marriage under Danish law, this partnership law grants all the rights of marriage to same-sex couples except: recognition of weddings performed in churches, access as a couple to adoption of children, and use of the national socialized medical care for artificial insemination.
The vote to pass this law in the Danish parliement (Folketing) was 71-47. One major argument for this law beyond basic human rights revolved around a view that asking gay people (especially gay men) to be monogamous and not promiscuous in the face of HIV/AIDS and then not providing the social institutions to stabilize couples was akin to national hypocrisy. One person (I cannot find out whom though) liked this to "demanding that people be healthy while making them stand barefoot in an open sewer."
The first couple to legally register under this new law was an elderly, male couple who had been partners for decades. The Copenhagen gay community gathered for the official registering and a festive celebration afterwards including flowers and a carriage ride for the ecstatic couple.
By the end of 1996, 4,166 people (or 2,063 couples) had so registered: 1,449 male couples and 634 female couples. 219 of these partnerships have since faced the death of one spouse. 357 (17%) of the couples have also since divorced with Danish lesbians more likely to have a higher divorce rate: 23 percent compared to Danish gay couples at 14 percent. It should be noted that several lesbian activists in Scandinavian countries with partnership laws refuse to register until full marriage rights are won.
As with all the current partnership laws in the world, at least one of the couple must be a citizen of the country having the law.
The success and current widespread acceptance of this change has now led to a discussion in Danish society about granting full marriage rights to same-sex couples within the decade.

Greenland

This North American island is a dependency of Denmark with internal autonomy and foreign affairs guided by Denmark. When Denmark adopted its partnership law in 1989, Greenland initially did not adopt this law. In 1994, however, Greenland also adopted this law making it the first area in North America to have a national domestic partnership.

Honduras

In 1997 there has been a move by prison officials to recognize "de facto" same-sex marriages among prisoners as a way of preventing or lowering HIV transmission. These relationships, however, do not hold any legal weight nor recognition outside of prison.

Hungary

In 1996 the Constitutional Court ruled that same-sex couples are legally parallel under Hungarian law to mixed-sex common-law marriages. This ruling thus grants same-sex couples the same basic civil benefits as an unmarried heterosexual couple (which includes almost all the benefits granted by the state to married couples) except adoption of children by same-sex couples.

Iceland

Following the lead of other Scandinavian countries, Iceland's Althing (the world's oldest democratic parliement) approved a same-sex domestic partnership law by a vote of 44-1 with 1 abstention and 17 members of parliement absent. This law went into effect on Icelandic Gay Pride Day (June 27, 1996). Icelandic President Vigdis Finnbogadottir (all men in Iceland by law must take their father's name + "son" while all women must take their father's name + "dottir" (daughter)) was the guest of honor at the first wedding reception.
In benefits, this law is almost identicle to Denmark's partnership registry.

Israel

Israel's high court has made several beneficial decisions concerning the inheritance rights of the surviving gay partner to the late partner's pension (most notably a case involving the partner of an Israeli army officer). Gay partnerships are still not legal in Israel, but like Canada, there are legal decisions that appear to be opening the way for such a law. With the sudden shift of Israel's leadership to the right under Netanyahu and the rising power of the traditionally anti-gay Orthodox Jewish clergy, further extension of state benefits is currently unlikely.

The Netherlands

In December 1996, the Dutch parliement's Second Chamber approved a same-sex partnership law with benefits exactly like the Danish model by a vote of 104 of the possible 150 votes. The bill must be reviewed in early 1997 for procedural errors by the First Chamber, but the bill is now basically law. On January 1, 1998, gay/lesbian Dutch couples will be able to get all the benefits granted by the state to heterosexual couples except adoption.
There is, however, already a move within the Dutch legislature to approve full marriage rights for same-sex couples by the year 2000. The transition from partnership law to marriage law is to give the Dutch legislature time to study the implications and procedures involved in marriage rights and international law/treaties.

Norway

Modeled after Denmark's partnership law, Norway's two houses of parliement passed the Norwegian law by a vote of 58-40 (in the Odelsting chamber) and 18-16 (in the Lagting chamber). The law went into effect on August 1, 1993.
In benefits, this law is almost identicle to Denmark's partnership registry.

South Africa

Approved in 1996, South Africa's new constitution is the only one in the world that currently bans discrimination based on sexual orientation. This may well eventually be legal cause for extending same-sex marriage rights to couples.

Spain

In 1997 the Spanish parliement passed a domestic partnership law similar to the Danish model. I currently do not have further information on its benefits or date that this law goes into effect.

Sweden

Modeled after Denmark's law, Sweden became the second country in the world to legally recognize same-sex couples when its parliement approved a partnership law by 171-141 with 5 abstentions and 32 absences. This law with benefits exactly like the Danish law went into effect on January 1, 1995.
"Holland may have gay marriage by 2000" by Rex Wockner, Gay People's Chronicle, Cleveland, OH, March 21, 1997, used as a source for this article. Our gay community is deeply indebted to Mr. Wockner's years of work in the gay press.