Countries where same-sex marriage is legal

On Tuesday, October 17, the Supreme Court of India declined to legalize same-sex marriage in the country. A five-judge Supreme Court bench, led by Chief Justice of India, DY Chandrachud, pronounced this verdict. Despite this, several countries have already legalised same-sex marriage.

Supreme Court refuses to legalize same-sex marriage in India

India's Supreme Court refused to approve same-sex marriages, with Chief Justice of India, Dhananjaya Yeshwant Chandrachud, stating that it falls outside the Supreme Court’s domain and authority to decide on the issue. He emphasized that the Indian Parliament should be responsible for drafting the laws governing marriage.

However, CJI Chandrachud highlighted that the state should still provide legal protections to same-sex couples, emphasizing that denying them the "benefits and services" granted to heterosexual couples violates their fundamental rights.

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If India were to legalize same-sex marriage, it would have become the second country in Asia, after Taiwan, to do so and the first country in South Asia to legalize it.

Countries that have legalised same-sex marriage

More than 30 countries worldwide have legalized same-sex marriage, predominantly in North and South America and Europe. The Netherlands led the way, becoming the first country to legalize same-sex marriage in 2001 after the passage of a law in December 2000.

The 34 countries where same-sex marriage is legal are: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States of America, and Uruguay.

• Canada was the first country in America to legalize same-sex marriage in 2005. Same-sex marriage was legal in a majority of Canada’s provinces before Parliament passed national legislation.
• South Africa is the first and only African country where same-sex marriage is legal, which was established in 2006.
• Argentina became the first country in Latin America to legalize same-sex marriage in 2010.
• New Zealand legalized same-sex marriage in 2013, making it the first country in the Asia Pacific region to do so.

Estonia recently joined the list, passing a bill on June 20, 2023, which will come into effect on January 1, 2024, making it the latest country to legalise same-sex marriage.

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