In recent years, same-sex marriage has received wider acceptance globally. As of 2024, nearly 40 countries have legalized same-sex marriage, with Greece and Estonia being some of the latest countries to do so. As global advocacy continues, most countries currently recognizing same-sex marriages are in the European and American regions. There are over 1 million same-sex couples in the United States alone.
Same-sex marriage raises questions on individual liberty and freedom, discrimination, and government overreach, as same-sex couples largely demand equal legal recognition with heterosexual couples, equal access to benefits associated with marriage, and protection from discrimination.
Countries prohibiting same-sex marriage typically premise this prohibition on religious, traditional, or public morality grounds. Such countries include Nigeria and most countries that practice Islamic law. Despite such pushbacks, the international debate on the legalization of same-sex marriage is ongoing and shaping public opinion.
Same-sex marriage is a union between two people of the same legal sex or gender. Until the late 1900s, same-sex marriage was largely prohibited internationally, with the American Psychological Association citing homosexuality as a mental illness until 1975.
Same-sex marriage differs from civil unions or partnerships. A civil union is an arrangement typically recognized by law for partners unwilling or unable to enter a legal marriage. This arrangement is often utilized by same-sex partners, especially in countries where same-sex marriage is unlawful.
The key difference between same-sex marriages and civil unions is that a civil union hardly grants partners the right to adopt children and the law does not recognize their union as a marriage. Therefore, certain benefits exclusive to marriage may not apply to civil unions.
The Netherlands was the first country to legalize same-sex marriage, granting same-sex partners the right to marriage, divorce, and adoption. Several countries have since followed suit, with the United States doing so in 2015 under its Supreme Court ruling in Obergefell v. Hodges.
In countries where same-sex marriage is recognized, same-sex couples may exercise the same rights and benefits as heterosexual couples, including adoption rights.
Same-sex marriage became legal in the United States following the United States Supreme Court’s decision in Obergefell v. Hodges to the effect that the non-recognition and discrimination against same-sex marriage was unconstitutional.
Before 2015, same-sex marriage was legal only in about 36 states, as it was a matter of state law at the time.
The question of the constitutionality of refusing to recognize same-sex marriage first came before the United States Supreme Court in the case of Baker v. Nelson in 1972. The court then dismissed the case for want of a substantial federal question. Until 2015, states across the United States reacted differently to legalizing same-sex marriage:
Since Obergefell v. Hodges, states like Arkansas, Texas, and Tennessee initially opposed the legalization of same-sex marriage in their jurisdictions. However, as of 2024, same-sex marriage is now legal across all states in the United States.
Following the Supreme Court’s decision in Obergefell v. Hodges recognizing same-sex marriage, it became legal in all states.
While states have the liberty to create laws, such laws must reflect the decisions of the Supreme Court or the position of federal law on such matters, failing which such laws may be deemed unconstitutional if challenged.
In the United States legal system, certain state court decisions, federal cases, and cases involving an interpretation of the United States Constitution may be appealed to the United States Supreme Court. The Supreme Court is the country’s apex court, and its decisions are final.
The Supreme Court case of Obergefell v. Hodges is one such case involving constitutional interpretation. It was a consolidation of four appeal cases whereby the plaintiffs requested the Supreme Court’s decision on whether denying same-sex couples the right to marry, refusing to recognize valid out-of-state same-sex marriages, and refusing to recognize a valid out-of-state adoption judgment violated the United States Constitution.
At the briefing stage, the Supreme Court delineated the questions into two:
The Supreme Court answered both questions in the affirmative, holding that a refusal to recognize same-sex marriage was unconstitutional. This effectively reshaped the United States’ policy, as states are to comply with Supreme Court decisions.
Outside the United States, there have been notable developments in recognizing same-sex marriage. Since 2015, same-sex marriage has been legalized in nearly 20 countries, including Germany, Switzerland, and Taiwan.
However, same-sex marriage remains prohibited in over 50% of countries, indicating a need for continued advocacy and activism. These countries include Saudi Arabia, Mauritania, Kenya, Uganda, and Qatar.
Following the legalization of same-sex marriages across the United States, same-sex couples have the same rights as couples in opposite-sex marriages. These rights include:
Same-sex couples now enjoy legal protections accorded to marriage. These include the right to be recognized as a surviving partner, the right to inheritance, and the right to own property jointly. Unlike civil unions and other relationship arrangements, same-sex couples can now exercise parental rights and adoption rights and are recognized under surrogacy laws.
The legalization of same-sex marriages has widespread social implications. Generally, same-sex couples now enjoy legal protection from discrimination, access to healthcare, spousal benefits, and shared insurance.
Where legal, same-sex marriage enjoys the same benefits as legal marriages. This differentiates same-sex marriage from other arrangements, such as civil unions.
Typically, civil unions and similar arrangements afford same-sex couples a broad range of rights similar to a marriage. However, unlike same-sex marriages, civil unions are not legally recognized as marriage.
Also, in the United States, civil unions are not federally recognized. This means partners in a civil union are ineligible to access federal benefits granted to married couples.
Despite the legal recognition of same-sex marriage in several countries, same-sex couples (including lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals) continue to experience discrimination, social isolation, and, hate crimes. In 2022, LGBTQ+ targeted hate crimes reached an all-time high in the United States, increasing by 10% from 2021.
The resistance and opposition to same-sex marriage are attributable to different factors, notably legal, social, cultural, and religious barriers.
In most states across the United States, there has been a substantial decline in legal barriers to same-sex couples following the Supreme Court’s ruling in 2015. However, in countries where same-sex marriage is prohibited, these barriers exist.
Arguments against the legal recognition of same-sex marriage are that it is against the order of nature and it offends people’s culture and religion. In some regions, hate crimes against same-sex couples are fueled by religious sentiment and cultural gatekeeping.
Likewise, religious and political groups with generally conservative ideologies tend to oppose same-sex relationships, making policies that restrict same-sex relationships. Before and shortly after the Supreme Court’s ruling in 2015, conservative states like Texas had policies that could be utilized to discriminate against same-sex couples and LGBTQ+ individuals.
Discrimination remains a key issue affecting LGBTQ+ people, including same-sex couples. Reasons include societal expectations and religious and cultural backgrounds, which can be difficult to tackle.
In addition to laws addressing such discrimination, it is equally crucial that there is continued advocacy, education, and information on the negative effects of discrimination against LGBTQ+ individuals and the protection of LGBTQ+ rights, which are human rights. Also, states can apply affirmative action and diversity policies to address this discrimination and improve the integration and acceptance of LGBTQ+ individuals.
The legalization of same-sex marriage in the United States and some countries has had a widespread impact across legal and social lines, which are largely positive:
Gay marriage and individuals now have a right to equality as individuals and families. This obligates individuals, societies, and the government to treat them equally and avoid targeted discriminatory conduct. Studies show that this protection has translated into multiple societal benefits, including:
Economic benefits associated with same-sex marriage have soared over the years, following its legalization, especially in the United States. These benefits include:
Activism has been central to same-sex marriage legalization and addressing opposition.
Activists play different roles. Organizations like the Human Rights Campaign and Amnesty Internationalfocus on political advocacy and influencing policy-making and laws. Likewise, some organizations focus on public enlightenment, reducing public stigma, reporting instances of discrimination, and influencing public opinion.
Since the 2015 same-sex marriage Supreme Court ruling in the United States, gay rights support and activism have steadily increased. Nearly 70% of Americans support gay marriage as of 2022, a steady increase from 53% in 2015.
This activism also extends beyond the United States to other countries, which has led to the legalization of same-sex marriage in some countries and more support in others.
The activism for and recognition of same-sex marriage rights have come a long way. However, while human rights and advocacy organizations continue to influence policy-making and public opinion in favor of protecting gay rights, there are also advocacy groups against the recognition of these rights.
Additionally, because some countries where gay marriage is illegal are heavily influenced by religion, tradition, or both, an attempt to canvass for gay rights may be considered an affront to their collective identity.
Despite these challenges, sufficient public opinion and lawmaking influence can turn the tide, and activism remains the most effective way to achieve this.
Nearly 40 out of 195 countries recognize gay rights, indicating the need for consistent advocacy. With global recognition, the resistance against gay rights is expected to decline substantially, making it easier to leverage existing protections to incorporate gay rights into human rights further.
The growing acceptance of same-sex marriage is indicative of the continuous legal evolution of our understanding of marriage, gender, sex, and political identity. It also sets the pace to broaden the advocacy for equality and end discrimination against LGBTQ+ and non-binary individuals, and those who do not conform to a narrow characterization of sex, gender, and marriage.
The advocacy for same-sex marriage is one for equality and freedom from discrimination. Besides religious and cultural biases, there is hardly empirical evidence against same-sex marriage and gay rights. Rather, studies have indicated the extensive social and economic benefits of recognizing same-sex marriage.
While the importance of continuous activism cannot be overstated, the United States Supreme Court in 2015 has helped the force of activism, mandating the recognition of same-sex marriage across the country and serving as a beacon of change internationally. The court’s analysis and reference to equality, freedom from discrimination, the right to individual liberty, and the sanctity of marriage remain fundamental to the same-sex marriage discourse