Same-sex marriage in Europe as of Jan. 1, 2018

680px-Same-sex_marriage_map_Europe_detailed.svg

Before 2017: Equal Marriage in Portugal, Spain, France, Belgium, Netherlands, Iceland, Ireland, Luxembourg, Denmark, Norway, Sweden; parts of the UK (England, Scotland, Wales, Isle of Man, Gibraltar, Akrotiri & Dhekelia bases). Civil Unions in: Andorra, Austria, Switzerland, Liechtenstein, Italy, Czech Republic, Hungary, Croatia, Slovenia, Finland, Germany, Malta, Greece, and Cyprus.

Developments in 2017: Equal Marriage in Finland, Germany, Malta; UK territories Guernsey and Alderney; partial implementation of equal marriage ruling in Austria. Recognition of foreign marriages in Estonia and Armenia. Constitutional ban in Georgia.

Looking ahead: Italy, Czech Republic, Austria, UK (Jersey, Sark, Northern Ireland), Slovenia, Switzerland, Monaco, San Marino, Romania, EU-wide

FINLAND: Finland’s parliament first passed an equal marriage law in 2014, but it didn’t take effect until March 2017. There was some drama that a new conservative government might derail it, but that didn’t happen, and Finland became the 22nd equal marriage country on March 1, 2017.

MALTA: Malta’s left-leaning government had in recent years pushed the tiny country to the forefront of the LGBT rights movement, but despite passing civil unions in 2014, it withheld marriage equality until this past summer. The government had endeavored to fight an election on the issue, but the opposition refused to play along and declared itself in support of equal marriage too. It was one of the first bills passed by the new government in July, with near unanimous support in Parliament (66-1). On Sept 1, Malta became the 23rd equal marriage country.
For the trivia buffs, Malta is the smallest country by area, but not the smallest country by population to pass equal marriage — that is Iceland.

GERMANY: Years of campaigning in Germany ran aground on the personal objection of long-serving chancellor Angela Merkel. So when she suddenly announced she might have a change of heart ahead of scheduled elections, the opposition pounced. Germany quickly passed an equal marriage law in July, and on Oct 1, it became the 24th equal marriage country.
Germany’s equal marriage law means 14/28 EU members, representing 66% of the EU population, recognize equal marriage (the ratios may change if Brexit actually goes forward).

UK: It looked for a long time this year like Northern Ireland might finally pass an equal marriage law, when following a snap election, Sinn Fein announced it would not join a power-sharing government unless the other major party, the Democratic Unionists, cast aside their unpopular opposition and allow an equal marriage law to pass. Alas, the DUP has seen fit to instead leave Northern Ireland without a government rather than allow equal marriage to pass. Normally, the London government would step in an govern directly from Westminster, but as the UK Conservatives are in a loose coalition with the DUP in parliament, and their agenda is so stuffed with Brexit negotiations and the need to play along with the Irish Republic, it’s unclear how the province will get out of its current dilemma. UK Labour has proposed a referendum on same-sex marriage if direct rule is imposed, to break the logjam. (I don’t mind referenda, in this case.) [UPDATE Jan. 3, 2018: Also, a court case that started in 2014 was finally resolved, with the province’s court finding against the plaintiffs seeking equality. This is what happens when you don’t have a constitutional bill of rights. The plaintiffs have appealed to the UK Supreme Court.]

The UK Crown Dependency of Guernsey (pop. 63,000) also passed a same-sex marriage law, as did its own dependency Alderney (pop. 2,000). The other part of the bailiwick, Sark (pop. 600), does not currently have equal marriage on its agenda, however a member of the government has said the government does intend to introduce such a law.  Same-sex couples can adopt in both Alderney and Sark because adoptions in the bailiwick are processed in Guernsey. The other dependency, Jersey (pop. 100,000) has been working on an overhaul of its marriage legislation for years and a final vote was delayed until Jan. 30, 2018.

Other UK territories that passed equal marriage laws in 2017 are Bermuda, Falkland Islands, and Saint Helena, Ascension, and Tristan da Cunha. You can read more about those territories in the sections on the Americas and Africa. As of now, 8/14 overseas territories allow same-sex marriage.

DENMARK: The Faroe Islands (pop. 49,000) – a country within the Kingdom of Denmark – finally brought its equal marriage law into effect after a year of delay in part at the hands of the Danish parliament. The Faroes were the last part of the Kingdom, and the last Nordic/Scandinavian country to pass equal marriage. Also, Denmark became the first country in the world to officially declassify transgender status as a mental illness.

AUSTRIA: On Dec. 5, the Constitutional Court found that marriage is a fundamental right that must be granted to homosexuals. This is a first for a court in Europe, where equal marriage has always been granted legislatively. The ruling took effect immediately for the five petitioning couples, so some same-sex marriage may already take place in Austria. However, the court gave the government until Jan. 1 2019 to craft a law that would have general effect; after that date, the court’s ruling will strike down the same-sex marriage ban even if the government doesn’t act. The newly elected government includes a far-right, anti-gay party, so don’t expect the government to rush to act here. Still, because the ruling took immediate effect for at least some couples and its implementation date is ironclad, I count Austria as an already equal-marriage jurisdiction. Others disagree. But as far as I’m concerned, it’s either the 25th or 26th equal marriage country (Australia’s law took effect a few days later).

SPAIN/CATALONIA: The last quarter of 2017 saw Spain wracked with a constitutional crisis following a vote for independence in its Catalonia province. While actual secession looks unlikely right now, if it does secede, it would automatically become a new equal marriage country – and the first one to have it since its creation.

ROMANIA and the EUROPEAN UNION: Plans for a referendum to constitutionally ban same-sex marriage have met repeated delays, although the government still apparently plans to hold it at some point in 2018. A civil partnership bill also floated around Parliament a bit in 2017, but hasn’t gone far. Meanwhile, a court case calling for recognition of foreign same-sex marriages was referred to the European Court of Justice, which is a sort of supreme court of the EU. Unlike the European Court of Human Rights (which has ruled against same-sex marriage repeatedly), the ECJ rulings are binding.

Essentially, the case before the ECJ contends that the ban on same-sex marriage restricts on the EU’s fundamental freedoms – the freedom to move within the EU – by turning same-sex families into legal strangers when they leave certain jurisdictions. I honestly don’t see how the court can disagree here. But they’ve got some options: they can require civil unions that are equal to marriage, which would be very complicated and still unequal, but would probably have the least resistance from certain opposing states (especially those that have constitutional bans); they could require states to recognize foreign marriages only (which is probably the most likely solution but could similarly create legal uncertainties, such as residency tests, and how to deal with divorces and adoptions); they could require states to allow same-sex marriages (which would be the biggest reach for the court, and would nullify provisions of several member states’ constitutions); and I suppose they could limit their ruling to Romania specifically.  An EU-wide ruling could affect 14 states that do not currently have complete equality: UK (Northern Ireland*, as well as its overseas territories, assuming this ruling occurs before Brexit), Italy*, Slovenia*, Croatia*, Hungary*, Czechia*, Slovakia, Romania, Bulgaria, Greece*, Cyprus*, Poland, Estonia*, Latvia, and Lithuania. (*=has a civil union law). It could also impact several applicant/candidate EU countries (assuming that such a ruling doesn’t halt their desire to join): Macedonia, Montenegro, Albania, Kosovo, Serbia, and Bosnia-Herzegovina (Turkey’s progress has basically been suspended given the country’s slide into authoritarianism).

Same-sex_marriage EU
Purple: EU members with equal marriage; Pink: EU members without same-sex marriage; Blue: EU candidate countries or EU territories where EU law is currently suspended which do not have equal marriage.

SWITZERLAND: An equal marriage bill was to be ready for debate in 2017, but Parliament gave the committee preparing it until 2019 to finalize its work. With the developments in Germany and Austria, it’s possible that the Swiss might speed up their work. Also, on Jan. 1, 2018, a new law comes into effect allowing couples in registered partnerships to adopt their stepchildren (joint adoption/non-relative adoption is still not allowed). Still, don’t expect neighboring Liechtenstein to act; the principality’s Catholic ruler has said in the past he would veto any laws for same-sex marriage or couple adoption.

Same-sex_Adoption_Map_Europe
Dark Purple: Joint couple adoption allowed; Light Purple: Step-child adoption allowed only; Pink: LGBT individuals may adopt, but not couples.

ESTONIA: The current government has continued to obstruct regulations to bring into effect Estonia’s registered partnership law first passed in 2014, and even unsuccessfully attempted to repeal the law in 2017. Courts this year continued to uphold a ruling from last December requiring the government to recognize marriages performed overseas.

ARMENIA: In a surprise announcement, the interior ministry decided in July 2017 that it would recognize foreign same-sex marriages. Armenia is a very conservative, Russian-aligned country that has not been notable for its LGBT activism, and indeed, its constitution bans same-sex marriage in the country (sodomy was only decriminalized in 2003). It is not known if any same-sex couples have attempted to have a foreign marriage registered in Armenia for any purpose, or what benefits or entitlements come with it. Same-sex couples may not adopt. There is no anti-discrimination legislation, and gays are barred from military service. The recognition does not extend to Artsakh, the breakaway region of Azerbaijan formerly known as Nagorno-Karabach, which is basically an Armenian client state.

LITHUANIA: A cohabitation bill that would give very limited rights to same-sex couples (and other pairs of cohabitants) was debated.

ITALY: The country spent most of 2017 recovering from the political crisis its former PM Matteo Renzi walked it into with a disastrous constitutional reform campaign last year. Renzi immediately resigned, but then decided to run for the leadership of his party again, and since he won, he will be on the ballot in general election called for March 4. Renzi expressed support for same-sex marriage in the leadership campaign, but anything can happen in an Italian election so who knows what to expect in May. Polls suggest it could once again be ungovernable. In other news, various courts granted recognition of overseas marriages and step-child adoption in individual cases. These appear to set precedents, but still require court decisions in individual cases, not unlike the situation in Mexico.

SAN MARINO: The government continued to discuss civil unions, but no action was taken.

MONACO: The executive agreed to parliament’s proposal for civil unions based on France’s PACS, but will not table a bill until April 2018, after general elections. Given that the proposal had unanimous support in Monaco’s parliament, it should pass no matter who wins. Monaco is another jurisdiction where a strongly Catholic prince will not likely allow same-sex marriage.

SERBIA: An openly lesbian woman was elected/appointed Prime Minister in 2017, and she marched in the often dangerous Belgrade Pride this year. She has mentioned support for the idea of civil unions in Serbia, but no legislation has been brought forward yet. Ireland also elected its first openly gay PM Leo Varadkar.

CZECHIA: Elections in October yielded a president who has expressed support for same-sex marriage, and a majority in parliament that is in favor. No bill has been introduced yet, but with support over 50% for the past few years, LGBT activists there are hopeful. The previous government had also introduced a step-child adoption bill, but did not advance it before elections. Expect both issues to surface in 2018.

CYPRUS: Hopes for a resolution to t he 40-year-old division of Cyprus were dashed when the two sides abruptly ended reunification talks in January. There is hope that talks could recommence after both sides hold elections in January. Turkey and Greece, the proxy powers in the dispute, seemed to be making amends recently, although the former’s slide into autocracy (not to mention its crackdowns on LGBT issues) has put it at odds with its EU neighbors. The division is relevant because if the country reunites, it’s possible the Turkish Republic of North Cyprus, upon ceasing to exist, will become subject to Cyprus’ civil partnership law. It would also be subject to EU law, which would make it affected by the expected ECJ ruling on marriage discussed above.

SLOVENIA: After becoming the first Slavic country to pass a same-sex marriage law in 2015, only to have the law rejected in a citizens’ referendum that year, 2018 may see the issue return to the spotlight. Elections are due before July, and the issue could come up again. The law around referendums has been changed since the 2015 debacle, specifically to limit the ability of citizens to pass laws that limit human rights. We’ll see if the legislators elected in 2018 have the stones to push the issue again (and an ECJ ruling might help).

MACEDONIA: The country’s rapprochement with Greece (after a 20-year-long dispute over its name) following the election of a Western-leaning government, holds promise that the country will be invited to begin EU accession talks soon, which could eventually positively impact LGBT rights in the region.

GEORGIA: The country passed a new constitution that specifically bans same-sex marriage. It was already banned in statute.

CRACKDOWNS ON LGBT PEOPLE: We saw government crackdowns on LGBT people in Turkey, Georgia, Azerbaijan, and most dramatically, in the Russian autonomous province of Chechnya. Reports also suggest the situation is not good for LGBT people in the breakaway Donbass territories of Ukraine. Russia, of course, continues to be a source of anti-LGBT hostility generally, and it will be interesting to see what happens during the World Cup due to be held there in 2018.

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Same-sex marriage in the Americas in 2018
Same-sex marriage in Asia, Africa, and Oceania in 2018

Same-sex marriage in the Americas as of Jan. 1, 2018

Before 2017: Equal Marriage in Canada, US (and territories Puerto Rico, US Virgin Islands, Guam, Northern Mariana Islands), Colombia, Brazil, Uruguay, Argentina, and nine states and the capital district of Mexico; plus Greenland (Denmark), Caribbean Netherlands, and French overseas territories (St Pierre and Miquelon, Martinique, Saint Martin, Saint Barthelemy, Guadeloupe, French Guyana); limited recognition in Netherlands countries (Saint Martin, Curacao, Aruba); Civil Unions in: Chile, Costa Rica, Aruba (Netherlands).

Developments in 2017: Equal Marriage in UK territories Bermuda, Falkland Islands; three Mexican states (Baja California, Puebla, Chiapas), four US Native nations.

Looking ahead: Chile, Panama, Costa Rica, Venezuela, Peru, Ecuador, Paraguay, other UK territories.

Trouble spots: Haiti, Bermuda, Curacao.

Same-sex_marriage_in_Mexico

MEXICO: The state-by-state progress continued slowly in 2017. The Supreme Court of Justice of the Nation struck down marriage laws passed in Chiapas and Puebla states, requiring same-sex marriage in those states, and the government of Baja California stopped enforcing its same-sex marriage ban. But without legislative changes in the latter two states, some couples have continued to experience difficulties. Tlaxcala state passed a civil union law, but it is still subject to the Supreme Court jurisprudence that call for the issuing of injunctions to allow full same-sex marriages. Other state congresses continued to obstruct marriage bills. Many state congresses are up for election on July 1, so we’ll see how they play out. Public opinion and reporting in Mexico seems to be turning in favor of equality.

 

State_recognition_of_same-sex_relationships_(South_America)
Dark Blue: Equal Marriage; Light Blue: Civil Unions; Green: Court decision on marriage pending; Red: Same-sex marriage banned by constitution; Yellow: Homosexuality illegal

UK TERRITORIES: First the great news: The Falkland Islands (pop. 3,000) passed their equal marriage/adoption law this year. Now the complicated news: Bermuda’s Supreme Court struck down the ban on same-sex marriage in May, and the government decided not to appeal. But then there was a change in government, and the new government passed a bill that overturned the ruling, re-banned same-sex marriage, and instead created “all-but-the-name-marriage” domestic partnerships to replace them (note same-sex couple adoption was already allowed in the territory under an earlier court ruling, and has been preserved). But that’s not the end of the story, yet. As of press time, the Governor has not granted assent to the new law, and reports suggest he’s seeking permission from the UK Government to veto it. We’ll see how this plays out in the new year.

 

Following the court ruling in Bermuda, activists in Cayman Islands sought to file a test case for marriage, but no case has yet been filed. There were no known developments in the other UK territories in the Caribbean: Montserrat, Anguilla, Turks and Caicos, UK Virgin Islands, nor for the uninhabited South Georgia and South Sandwich Islands. If the government does shut down the Bermuda marriage repeal, and does impose marriage equality on Northern Ireland somehow, it’s possible that the FCO could impose it on these other territories, too.

CHILE: Outgoing president Michele Bachelet took her time introducing a promised equal marriage bill to Congress, and when it finally came in August, Congress was slow to act on it. The Senate began debating it in December. Elections in November/December returned a congress with a majority in favor of bill, but a President who campaigned against it. It’s possible Congress could pass the bill in the lame duck session before new president Pinera takes office in March. Or, Pinera could soften his opposition once in office. Pinera also campaigned against allowing same-sex couples to adopt, and that issue could also be before congress. Should it pass, it would also extend to Chile’s Antarctic territory and Easter Island.

PANAMA and VENEZUELA: Supreme Courts in both countries are expected to rule shortly on same-sex marriage. In Panama, a negative opinion was leaked to the media, but it was not made official even after the court supposedly voted on it. So it sounds like a positive decision should be coming, but no news has come out whatsoever. In Venezuela, the court is expected to issue a decision in 2018.

[UPDATE Jan. 3, 2018: A reader informs me that the Venezuela Constitutional Court actually has two equal marriage cases before it, as well as separate cases dealing with gender identity recognition, same-sex couple adoption/family registration, and the right of LGBT people to serve in the military. The main local LGBT rights group feels optimistic about all five cases, but Venezuela is a basic dictatorship, and you never know what the government’s response will be. That said, in 2017 President Maduro signaled support for same-sex marriage being discussed in an ongoing constitutional convention.]

COSTA RICA: There was no news on a Supreme Court case filed in Costa Rica last year. Another couple filed a case seeking recognition of their out-of-state marriage. Same-sex marriage has become a live issue in the general election coming in Feb. 2018.

PERU: It was an up-and-down year. Early in the year, the President took advantage of legislative gridlock to pass a sweeping anti-discrimination and hate crime law by decree, which is apparently something you can do in Peru. Unfortunately, the Congress then got its shit together and the anti-gay majority party struck down the new laws. In January, an administrative court ruled that foreign same-sex marriages must be recognized for pension purposes. The government has appealed. That inspired queer members of congress to hold back support for a civil union bill they’d tabled last year, and instead file a same-sex marriage bill. Both have stalled. We’ll see what comes of the bills and the court case in 2018, but I’m more optimistic about the courts.

ECUADOR: This was one of the first countries in Latin America to pass a civil union law in 2008, but it also has a constitutional ban on same-sex marriage. Activists have begun talking about a push to change that.

PARAGUAY: A presidential candidate grabbed headlines by declaring himself in support of same-sex marriage, though the country maintains a constitutional ban on it. Clarifications were later issued, but we’ll see if/how this plays out in the elections this April.

JAMAICA and TRINIDAD & TOBAGO: Activists filed cases to strike down the countries’ criminal bans on sodomy. No news yet on when the cases will be heard. [UPDATE Jan. 2: A reader has informed me that the Trinidad & Tobago case will be heard Jan. 30, 2018; of course, a ruling could still take years to be issued. For comparison’s sake, a similar case in Belize took more than three years for a ruling to be issued striking the nation’s sodomy laws last year.]

HAITI: While same-sex marriage is already illegal, the Haitian Senate passed a sweeping bill to ban advocacy for same-sex marriage and LGBT rights. It has not been taken up in the lower house as yet. I’m not sure how such a bill would stand up to the country’s constitutional rights, but it certainly wouldn’t satisfy global democratic norms. Keep an eye out in 2018.

NETHERLANDS TERRITORIES: A couple politicians in Curacao grabbed headlines calling for a referendum on same-sex marriage. It’s not clear there’s even a movement calling for it or if such a bill would stand up to the Netherlands constitution. Either way, it hasn’t gone anywhere, but we should keep an eye out.

USA: The courts continued to be the main battlefield for marriage equality, long after we thought the fight was over in June 2015. The Supreme Court heard a case calling for ‘religious freedom’ exceptions to discrimination laws, while Texas courts dealt with a state law that bans same-sex couples from receiving spousal benefits. Neither has come to a final ruling yet. Meanwhile, a handful of US Native Nations passed same-sex marriage laws, including the Osage, Prairie Island, Ho-Chunk Native Nation of Wisconsin, and the Ak-Chin.

CANADA: Just gonna take a moment to highlight how Canada led the way on a number of LGBT rights files in 2017. You can read my take on it here.

Continue to:

Same-sex marriage in Europe in 2018
Same-sex marriage in Asia, Africa, and Oceania in 2018

Same-sex marriage in Asia, Africa, and Oceania as of Jan. 1, 2018

AFRICA:

Before 2017: Equal Marriage in South Africa, French overseas territories (Reunion, Mayotte), Spanish exclaves Cueta and Melilla;

Developments in 2017: Equal Marriage UK territory Saint Helena, Ascension and Tristan da Cunha. Homosexuality criminalized in Chad.

Looking ahead: Namibia, Angola, The Gambia, Zimbabwe

Trouble spots: Uganda, Burundi, Nigeria, Ghana, Liberia, Egypt

 

African_homosexuality_laws
BLUE: Equal Marriage. RED: Death penalty for homosexuality. ORANGE: Jail or fine for homosexuality. YELLOW: Criminal law against homosexuality not enforced.

UK territory Saint Helena, Ascension and Tristan da Cunha: The three islands all achieved equal marriage this year in different steps. Ascension Island (pop. 800) passed a bill in 2016, but it was brought into effect on Jan. 1 2017 when it looked like Saint Helena wasn’t going to legalize same-sex marriage. Tristan da Cunha (pop. 300) followed in August 2017. The main island Saint Helena (pop, 4,500) saw a lawsuit brought to its Supreme Court to legalize same-sex marriage, but a newly elected government passed a same-sex marriage bill in December 2017 before the court ruled. Same-sex couples can now marry and adopt throughout the territory.

NAMIBIA: A court case was brought to force the government to recognize a same-sex couple who were married in South Africa and their adopted son in December 2017. In 2016, the government had reiterated its opposition to same-sex marriage, and to repealing its vague colonial anti-sodomy law, though the country’s human rights ombudsman called for the law to be repealed and an anti-discrimination ordinance added to the constitution.

ANGOLA: A long-delayed overhaul of the 19th-century colonial penal code was delayed further in 2017. Though it would eliminate the vague laws banning sodomy, it also would forbid abortion in all circumstances. That provision led to some large protests in the country. A newly elected government (led by the same party) has pledged to have the bill passed in 2018. Southern Africa has been a relative hotspot of the decriminalization movement this decade, with victories in Lesotho, Seychelles, and fellow former Portuguese colonies Sao Tome & Principe and Mozambique, along with discussions in Malawi and Botswana.

The GAMBIA and ZIMBABWE: Both these countries deposed their incredibly anti-gay leaders after widespread protests and military intervention. The new leader of The Gambia, Adama Barrow has seemed less vocally intolerant of gays than his predecessor, but while he has undone some of the old guy’s more troublesome anti-democratic and anti-human rights actions (returning to the International Criminal Court, and applying to return to the Commonwealth), he hasn’t undone any of the country’s anti-gay laws. It’s early days in Zimbabwe’s post-Mugabe era, but there’s no news yet on LGBT rights there either. It will be interesting to watch if any developments follow, but given the widespread public antipathy in these countries, don’t hold your breath.

GHANA: The President has face wide criticism in the last few weeks after suggesting that an LGBT rights movement and decriminalization in Ghana were inevitable.

MAURITIUS: The government declined the UN Human Rights Committee’s suggestion that it decriminalize sodomy in its universal periodic review.

CHAD: Although I reported on Chad passing a bill criminalizing sodomy as a misdemeanor in 2016, it apparently did not pass into law until 2017. The new penal code includes jail terms and fines as punishment.

Crackdowns on LGBT people. continued or worsened in Egypt, Nigeria, Uganda, and Burundi in 2017.

 

ASIA, OCEANIA, and the rest

Before 2017: Equal Marriage in New Zealand, French overseas territories (French Polynesia, Wallis and Futuna, New Caledonia), UK overseas territories (Pitcairn Islands and British Indian Ocean Territory), parts of Antarctica (see below), US territories (Guam and Northern Mariana Islands Territory); limited recognition in American Samoa, Israel; civil union in Chilean territory (Easter Island); limited civil partnerships in some Japanese cities, some Taiwanese cities.

Developments in 2017: Equal Marriage in Australia. Court ruling in Taiwan.

Looking ahead: Taiwan, Japan, Hong Kong/China, India, Nepal, The Philippines, New Caledonia, Sri Lanka, Cook Islands.

Trouble spots: Indonesia, Papua New Guinea, the usual places in Central Asia and the Arab world

 

AUSTRALIA: Fifteen years of campaigning finally paid off in Australia following the successful postal plebiscite and a near-unanimous vote in Parliament for marriage equality. I won’t go much further with this as so much digital ink has already been spilled, but Australia became the 24th equal marriage country on Dec. 9, 2017. With the last of the large anglo-settler countries passing equal marriage, I wonder if English-language media will lose interest in the equal marriage battles going on in the rest of the world. Still, Australia’s Northern Territory is the only part of the country where same-sex couples do not have the option of entering a registered partnership other than marriage and cannot adopt children. A bill to change that has been proposed.

Member_states_of_the_Commonwealth_of_Nations
LGBT rights in the Commonwealth: PINK: Equal marriage. BLUE: Homosexuality legal, but no marriage rights. GREEN: Homosexuality illegal. Slightly lighter colors correspond to dependent territories of member states.

Australia is the sixth Commonwealth country (out of 52 — 53 when The Gambia rejoins later this year) to pass equal marriage, after Canada, South Africa, the UK, New Zealand and Malta.

Australia’s same-sex marriage bill applies to its external territories, which are not autonomous: Christmas Island (pop. 2,000), Norfolk Island (pop. 2,000), Cocos (Keeling) Islands (pop. 600), and the uninhabited Coral Sea Islands, Ashmore and Cartier Islands, Heard Island and McDonald Islands, and Australian Antarctic Territory.

ANTARCTICA: In a strictly academic sense, marriage equality is almost complete in Antarctica, since all of the claiming countries except Chile have passed a same-sex marriage law that applies to their Antarctic claims. However, the claims are not generally recognized internationally, except by each other (and even then, not completely – Argentina, Chile, and the UK claims all overlap). A quarter of Antarctica is not claimed by any country. Many countries have research bases in other countries claimed areas, and in practice, it is the base country’s laws that apply. Australia, France, Norway, New Zealand, UK, and Argentina are all equal marriage countries, and their law applies within their claim areas. Should Chile’s equal marriage bill pass, same-sex couples will have theoretical marriage rights throughout the claimed territory of Antarctica.

antarctic

TAIWAN: In May, the Judicial Yuan ruled in favor of same-sex marriage, and gave the Legislative Yuan two years to pass a law to allow it. The government has been stalling, and given local elections coming in 2018, some predict they won’t pass a bill until 2019. Same-sex marriage becomes legal regardless on May 24, 2019. Several couples have filed suits hoping to get married in advance of that date, but the courts have repeatedly shot them down. In the meantime, all but four of Taiwan’s 22 counties, representing 94% of the population, have passed civil partnership registries. (By the way, unlike Austria’s court ruling, no one is getting married yet, and there appears to be a chance the legislative change may get gummed up, so I’m not counting it yet).

HONG KONG: The government appealed a court ruling finding that a binational married lesbian couple had to be recognized for immigration purposes, while the territory continued to discuss equal marriage in the wake of the Taiwan ruling. Discussions also appeared in mainland CHINA but no actual progress.

Same-sex_marriage_map_Oceania.svgNEW CALEDONIA: This French territory is scheduled to hold an independence referendum in November 2018. If it passes, and independence is achieved (likely after another couple of years of transition), it would become a new equal marriage country from birth (the first, unless Catalonia beats it). A successful referendum could spark similar independence drives in Wallis and Futuna and French Polynesia territories.

Speaking of new states, the Bougainville Autonomous Region of Papua New Guinea is meant to hold an independence referendum in June 2019. If successful, it could be a new criminalizing state, unfortunately. Similarly, there is a bourgeoning independence movement in Papua/West Papua in Indonesia, but it doesn’t appear to have the momentum of either other regional movement.

EASTER ISLAND: This Polynesian territory is part of Chile, and would gain equal marriage if Chile’s law passes.

JAPAN: As the country continued to debate expanding LGBT rights ahead of hosting the 2020 Olympics, Sapporo became the largest city to establish a same-sex partner registry.

PHILLIPINES: A civil unions bill and a sexual orientation and gender identity discrimination bill were introduced in the Congress this year, but have not advanced far in debate. In December, President Duterte once again declared himself in favor of same-sex marriage (flipping back to a previous position he’d flopped from), but LGBT activists and legislators don’t believe there is enough support for that in Congress. The civil union bill passing would be a first for an Asian country.

COOK ISLANDS: A revision of the territory’s Crimes Bill, which would strike the sodomy law, has been in consultations since the summer. It is expected to pass in 2018. The Cook Islands is a sovereign country within the Realm of New Zealand. The South Pacific has been a specific focus of UN action on decriminalization recently, with decriminalization passing in Palau, Nauru, and Fiji this decade. Still to go: Solomon Islands, Samoa, Kiribati, Tuvalu, Tonga, and Papua New Guinea.

INDIA: India’s Supreme Court gave very strong indications that it would re-overturn the country’s sodomy law in a related decision that established constitutional privacy rights India’s people. The court also discussed that homosexuals should also be free from discrimination. In an underreported note, the Court also decided that marriage and family life ought to be subject to privacy, so it’s possible the decision could have even broader impact on marriage/family rights for same-sex couples.

SRI LANKA: The government told the UN Human Rights Council that it plans to decriminalize sodomy, but has not revealed any further details.

NEPAL: More discussion about same-sex marriage, now ten years after the Nepali Supreme Court ruled in favor of it. No action yet.

SOUTH KOREA: An anti-LGBT conservative was elected to the presidency, and marriage equality became an issue in vetting supreme court nominees. A more immediate issue was the crackdown on gays in the military – South Korea’s military code has a criminal prohibition on gay sex. Because military service is compulsory, it’s worth debating whether the country should be listed among the criminalizing states. The government has not announced plans to change the law. It’s worth wondering if South Korea’s middling record on LGBT rights may be brought into focus when it hosts the Winter Olympics in February.

Crackdowns on LGBT people continued or worsened in Indonesia, Tajikistan and Turkey, while continuing in the usual hotspots in the region. The Islamic State was finally defeated, technically reducing the number of criminalizing states by one.

Continue to:

Same-sex marriage in the Americas in 2018
Same-sex marriage in Europe in 2018

 

WATCH: My new short film PALAU

Last year, I made my first short film, PALAU, and I’m so happy to finally share it with all of you. PALAU is about two friends who reconnect after ten years apart. When they meet Leo surprises John with a one-way ticket to Micronesia and an enticing — or maybe ridiculous — offer.

If you like what you see, head over to my YouTube channel, give the film a “like” and subscribe — I’ll be adding new short films and sketch comedy regularly. You can also find other shorts I’ve appeared in or written on my channel.

Thanks so much to everyone who helped make this litt movie, including director Warren Wagner, my costars Scott Garland and Kat Letwin, Sound Recorder S Michael Ejbick, Makeup Artist Mishka Prefontaine, and AD Christiana Herbert.

Read more about PALAU’s cast and crew here.

Tri-Curious available on Dekkoo

A couple years ago I appeared in a short film directed by Matt Guerin called “Tri-Curious,” which played at a number of festivals around the world, including the Palm Springs Cinema Diverse Festival in 2016. The short went on to a spectacular run on YouTube, where it was viewed more than 1.5 million times!

Tri-Curious is now available exclusively on Dekkoo, a new gay streaming video service. You can watch the full video here, after subscribing.

Watch the trailer below:

Falkland Islands Same-Sex Marriage Update

Jfalkland-islandsust a little post so I can update some information on Wikipedia.

The Falkland Islands Legislative Council passed a same-sex marriage and civil partnership bill back in March, but there’s no obvious information on the government’s web site about when bills receive royal assent, nor is there an archive of current laws on the web site. This has led to some confusion about whether the bill is actually law there.

So, I contacted the Islands’ registrar general, and this is the response I received.

falkland islands-registrar general.PNG

Since I noticed she’s also the registrar general for (the uninhabited) South Georgia and the South Sandwich Islands territory, I followed up to check if same-sex marriage is legal there. She says it is not.

Rex Wockner had a link to a press release from the government on his blog that basically said the same thing, but didn’t specifically say that the bill received royal assent or when it became effective. We now have a confirmation.

Anyway, this blog post exists solely so that I can cite a public reference on Wikipedia when I update same-sex marriage pages.

You can follow my daily updates on same-sex marriage news from around the world on my Twitter feed @LGBTMarriage.

Steam Room Stories – Straight Guys and BJs

Another of episode of Steam Room Stories that I wrote went online a couple weeks ago, and it’s already gotten more than 30,000 views! Check out “Straight Guys Giving BJs” below:

 

I have another episode of Steam Room Stories coming up soon, so subscribe here.

CBS Diversity Showcase

For the last four months, I was working on one of the most challenging and fulfilling artistic endeavors of my career, The CBS Diversity Showcase. The sheer talent of everyone involved was humbling, awe-inspiring, and at times, honestly infuriating. I often felt like Salieri in that movie I’ll let you think I’ve watched. It’s about writing fart jokes, right?

I am so grateful to all of the actors, writers, and staff, for the opportunity to learn from all of them, and to be part of this amazing show. I’m especially grateful to my fellow Morons, Anna Rubanova and Jason Michael Snow, who let me write on a silly little sketch that ended up being the big closing number, “The Book of Moron” — a parody of Trump supporters sung to the tune of “I Believe” from The Book of Mormon — and to the whole cast that dove right into the Moron roles we asked them to play. The video above is cued to start just before the sketch, or you can watch it on YouTube here.

When I moved to LA last year, I had no real game plan other than “hang out and write by the beach.” I had no idea that such an awesome opportunity would be around the corner. And even though I’ve barely been to the beach at all since moving here (seriously, why is it so hard to convince Angelinos to go the beach?), this whole experience has really confirmed for me that moving here was the right thing to do. I can’t wait for whatever’s coming next.

Photos mostly by Anna Rubanova. More great shots from the show at her website.

2016: The Year That LGBT Progress Ended?

12yearoldThe internet consensus seems to be that 2016 was a pretty terrible year, between Trump, Brexit, and all the other great people we lost. 2016 also turned out to be a pretty uneven year for global LGBTQ rights, with some big victories coming in the first half of the year, and the beginning of an unprecedented  global backlash shaping up on the back half of the year.

For the last few years, I’ve posted about the global progress on equal marriage rights, but 2016 didn’t deliver many big gains on that file. So this year, I’m taking a bit of an expansive view on LGBT issues. The global same-sex marriage population chart is at the bottom of this post. Don’t forget to follow me on Twitter @LGBTMarriage for updates throughout the year.

(All maps below come from Wikipedia commons, and have been crudely edited by me in Paint.)

AMERICAS

State_recognition_of_same-sex_relationships_(North_America).svgUNITED STATES: The big story of the year was of course the US election. Had everything gone as foreseen, we might all be talking about how the coming Clinton presidency would inspire an enormous expansion of LGBT rights both in the US and abroad through US diplomacy. As things are now, we’re looking at holding back the damage of a Trump presidency with a Republican Congress, a likely conservative Court, and Republican dominance of most states. Already, Republicans are renewing pushes for license-to-discriminate bills and we’re seeing rollbacks on adoption rights at the state levels. Trump says same-sex marriage is a settled issue, however, there is already a push to restrict marriage rights in red states.

On the marriage equality file, several US Indian Nations expanded access to same-sex marriage – notably the Cherokee Nation in December. Equal marriage remains the law in all 50 states and 4 of the 5 territories. American Samoa still does not allow same-sex marriage, and a Supreme Court judgement confirmed that the equal protection clause of the constitution and the Obergfell decision do not apply there.

CANADA: By contrast, the Trudeau government has made big progress on LGBT issues in its first year in office. From a federal trans rights law, to finally erasing the remaining sodomy statue, to proposals to eliminate the gay blood donor ban, expand reproductive rights, and decriminalize HIV transmission, Canada’s federal government is showing real leadership. And it’s rubbing off at the provincial level, with trans rights bill passed in BC and Quebec, and proposed in Nunavut and Yukon. New Brunswick will soon be the lone holdout province without an explicit trans rights law, and whichrequires surgery to change legal gender.

Same-sex_marriage_in_Mexico.svg
BLUE: Full marriage equality. LIGHT/DARK BEIGE: Marriage granted by amparo process. GREEN: States where Supreme Court may rule on marriage equality in 2017.

MEXICO: Progress toward full marriage equality was going well in Mexico, with state legislatures passing equal marriage laws in Campeche, Colima, Morelos, and Michoacán, which brought the total to 9/31 states or 29% of the country living in equal marriage jurisdictions. Every other state also had a proposal on the books to legislate for marriage equality. Then on May 17, the deeply unpopular president Enrique Nieto proposed a constitutional amendment to secure marriage equality and a suite of other LGBT rights in the states that were moving slower. This sparked a backlash and mobilized the country’s religious Evangelicals and Catholics against the government. Nieto’s party suffered unprecedented losses in state-level elections, and legislative progress on same-sex marriage stopped everywhere. The courts are still regularly granting injunctions for same-sex marriages in all states, and the Supreme Court has reiterated its support for same-sex marriage repeatedly this year. It recently struck down the same-sex marriage ban in Sinaloa, and equal marriage will become the law there soon.

Additionally, Chiapas, Puebla, and Tlaxcala states passed amendments to their marriage laws that triggered unconstitutionality appeals to the Supreme Court. In these states, the court may force marriage equality in 2017. Rex Wockner has a good explanation of the situation there on his blog.

COLOMBIA: The biggest victory for the equal marriage movement this year came in Colombia, where the Supreme Court finally handed down a long-awaited judgement legalizing same-sex marriage in April. The decision was not popular, although it was supported by the president. One aspect of the global backlash against LGBT people came in October, when the country narrowly rejected a referendum on a proposed peace deal to end the country’s 50-year civil war, in part over language in the deal that confirmed equal marriage. A revised peace deal was later ratified by the Congress.

State_recognition_of_same-sex_relationships_(South_America).svg
DARK BLUE: Full marriage equality. LIGHT BLUE: Civil unions only (Ecuador and Chile). LIME GREEN: Marriage equality proposed/before the Supreme Court. DARK GREEN: Civil unions proposed. RED: Same-sex marriage banned by constitution. YELLOW: Homosexuality illegal.

Incidentally, there were stories this year that for the first time 1 billion people lived in equal marriage jurisdictions, following the legalization in Colombia. Regular readers will remember I called this milestone out on last year’s blog – that’s because I’ve always counted all of Mexico as an equal marriage jurisdiction, because all Mexican states and the federal government recognize each other’s marriages.

PERU: After a civil union bill died in Congress last year, this year’s presidential election featured much discussion of LGBT rights. The eventual winner, Pedro Pablo Kuczynski, supported civil unions, and his party has introduced a civil union bill to Congress. The bill does not provide all the rights of marriage; notably, adoption rights are not included.

CHILE: Chilean President Michele Bachelet announced plans to legalize same-sex marriage and couple adoption in 2017, following the settlement of a case that was brought before the Inter-American Court of Human Rights. This follows the legalization of civil unions last year.

VENEZUELA: The opposition introduced a civil union bill. Meanwhile, the Supreme Court heard several cases for same-sex marriage. In one case, the court found that the definition of marriage as heterosexual in the Civil Code was unconstitutional, but change relies on the National Assembly. In another, the court ruled that same-sex parents who married out-of-country must have their families recognized by the state. Additional cases demanding marriage equality are before the court.

Homosexuality_laws_in_Central_America_and_the_Caribbean_Islands.svg
DARK BLUE: Full marriage equality. LIGHT BLUE: Limited recognition of overseas marriages. (Civil Unions in Aruba) GREEN: Marriage equality proposed/before the Supreme Court. ORANGE: Homosexuality illegal. YELLOW: Sodomy law not enforced.

COSTA RICA, PANAMA, EL SAVADOR: The Supreme Courts of Costa Rica, Panama and El Salvador are all hearing same-sex marriage cases in 2017. In Costa Rica, where the government offers limited recognition of same-sex couples, the opposition Citizens’ Action Party is planning to include same-sex marriage in its 2018 election platform. The social security system also expanded pension benefits for widows of same-sex partners this year.

GUATEMALA: An opposition legislator, who happens to be country’s first LGBT member of Congress, introduced a same-sex marriage bill at the end of December. The President is notoriously anti-LGBT, so long odds on this passing.  

THE BAHAMAS, GRENADA: Both Grenada and The Bahamas held referendums that would codify gender equality in their constitutions. Both were rejected by voters, in part over fears they would lead to same-sex marriage.

BELIZE: The Supreme Court of Belize finally, after three years of deliberation, issued a sweeping judgement striking down the country’s sodomy ban as unconstitutional, and reading “sexual orientation” into its constitution’s ban on discrimination based on “sex.” The government is appealing the latter part of the decision. Some observers believe that the judgement will set a non-binding precedent on the other 10 former UK colonies in the Caribbean that criminalize sodomy.

On a related note, the Caribbean Court of Justice dismissed a case challenging Belize and TRINIDAD & TOBAGO’s ban on homosexuals from entering their countries. The CCJ found that the statutes, while discriminatory, were never applied, and thus did not need to be struck down. Technically, the judgement only requires the two countries not to ban homosexual CARICOM nationals; the ban still stands for homosexuals from other countries.

There was some talk that some of the Caribbean states would revisit their sodomy bans, but as per usual no actions materialized. ANTIGUA & BARBUDA had discussed decriminalization, but the government changed its mind. A Jamaican lawyer is challenging JAMAICA’s sodomy ban before the court.

British, Dutch and Danish territories in the Americas are discussed below.

EUROPE:

UK: The UK’s narrow vote to leave the European Union may be the most significant event of the year for LGBT rights in Europe. The decision hobbles one of the world’s preeminent advocates for LGBT rights, and was part of a global trend toward right-wing, populist, anti-minority politics, and is also part of a trend of destabilizing the EU. We shall see its affects over the next few years.

But more immediately, we saw Northern Ireland reelect a legislature led by the anti-LGBT DUP and a Premier who has vowed to block marriage equality through the end of her term in 2019. The DUP is using a peace-process power that essentially gives them a veto over decisions made by the legislature. Equal marriage enjoys the support of a majority of MLAs, and around 3/4 of the population by some polls. Two equal marriage cases that were before the courts last year still have not been resolved.

Progress was made in many other UK territories as well. Same-sex marriage was legalized in the Crown Dependencies of The Isle of Man and Guernsey, although Guernsey’s law does not apply to its own dependencies, Alderney and Sark (although Alderney recognizes foreign same-sex marriages for inheritance purposes). The other Crown Dependency, Jersey, is expected to pass an equal marriage law in January 2017.

Gibraltar passed an equal marriage law that came into force in December 2016.

Bermuda was the site of big drama around same-sex marriage in 2016. Although the Court had already granted same-sex couples adoption rights in 2015, couples had no option to have their relationships recognized. The government hastily called a referendum asking if the people approved of same-sex marriage and if they approved of same-sex civil unions. Both questions returned 2/3 majorities opposed. The Supreme Court, which was sharply critical of the referendum plan but allowed it to proceed, is now hearing a challenge from a Bermudian-Canadian couple asking for equal marriage.

The Cayman Islands Immigration Appeals Tribunal found that same-sex couples must be recognized for immigration purposes. Marriage and civil unions remain opposed by the government, and are hot-button issues.

The Falkland Islands still intends to legalize same-sex marriage, but its government’s legal department is having delays preparing legislation. It may appear in late 2017.

It belatedly became apparent this year that the UK Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus had a same-sex marriage ordinance passed by the UK in 2014, when the first same-sex marriage on the island got press attention. The ordinance applies only to UK military personnel and staff, who also have access to civil partnerships since 2005.

The UK government also passed an ordinance for marriage equality in the British Antarctic Territory. As civil law is mostly suspended in Antarctica, and the UK Antarctic claim is entirely overlapped by competing Chilean and Argentinian claims, it’s unclear how this law applies. The seven nations making claims on Antarctica – UK, France, Australia, New Zealand, Chile, Argentina, and Norway – do not have their claims recognized by most countries. Although all of them recognize marriage equality or are planning to soon (we’ll get to Australia in a bit), Antarctica will never be a continent that entirely recognizes marriage equality because a big chunk of it is not claimed by any country.

Acension Island, part of the St Helena, Ascension, and Tristan da Cunha territory, passed an equal marriage law this year, but it will not come into force until St. Helena’s proposed law passes [CORRECTION: And it came into force Jan 1, 2017]. In December, the St. Helena government withdrew its same-sex marriage bill after some legislators opposed it.

It is believed by someone on Wikipedia that the UK government is also planning to draft equal marriage ordinances for its other uninhabited territories, South Georgia and the South Sandwich Islands and British Indian Ocean Territory. The UK Government web site for SGSSI claims that a general review of its legislation is underway.

Same-sex marriage remains illegal in Turks & Caicos Islands, Montserrat, Anguilla, and the British Virgin Islands, but was legalized in Pitcairn Islands in 2015.

Same-sex_marriage_map_Europe_detailed.svg
DARK BLUE: Full marriage equality. LIGHT BLUE: Civil unions only. CYAN: Limited recognition of foreign marriage. GREEN: Civil unions or marriage proposed/before the courts. DARK GREEN: Popular initiative for equal marriage before parliament. RED: Constitutional ban on same-sex marriage. PINK: Constitutional ban proposed.

DENMARK: Although Denmark proper passed an equal marriage law in 2012, the two other countries that make up the Kingdom of Denmark had their laws come in more recently. Greenland’s equal marriage law passed last year, but it only received royal assent and came into force this year. The Faroe Islands passed an equal marriage law in May, but the Danish Parliament delayed ratifying the bill because the Faroese legislators had written the number “7” where they were meant to write “VII.” Yes, actually. The Faroese Parliament voted on a revised draft in late December, and it has been sent back to the Danish Parliament for ratification and royal assent. When granted, all Scandinavian countries will have equal marriage laws on the books.

ITALY: After years of attempts, Parliament passed a watered-down civil union bill that does not include adoption rights at all. The Prime Minister had vowed to take up adoption rights in a separate bill, but he resigned in December after his proposed constitutional amendments were voted down in a referendum, again as part of the populist backlash rising across Europe. However, the Supreme Court of Cassation confirmed that step-child adoption is allowed even without specific legislation. Italy will have elections sometime in the Spring for a new government.

NETHERLANDS: Although it was the first country to legalize same-sex marriage, the law does not apply to its Caribbean countries. This year the Aruba Parliament finally passed a civil union law. It is the first Caribbean country to recognize same-sex marriages on its own, without requirement from a European or American parent country (although all are required to do so under the European Charter of Human Rights). There has been no activity on the file in Sint Maarten or Curaçao.

Same-sex_Adoption_Map_Europe.svg
DARK PURPLE: Joint LGBT couple adoption allowed. LIGHT PURPLE: LGBT step-child adoption allowed. PINK: LGBT Individuals allowed to adopt. GREEN: Step or joint adoption proposed. GREY: Adoption restricted to heterosexual couples.

PORTUGAL: Portugal’s equal marriage law passed in 2010, but it did not include adoption rights. The Parliament corrected that this year.

SWITZERLAND: Swiss voters narrowly rejected a referendum that would have defined marriage as heterosexual in February, and then again when the issue was put to citizens of Zurich in November. It is expected that same-sex marriage will be brought to referendum in 2017, along with a question on whether registered partnerships should be given the same access to facilitated naturalization as couples in marriages. The Parliament also legalized step-child adoption, and made registered partnerships open to straight couples this year.

AUSTRIA: Courts rejected appeals for same-sex marriage, although a final case is before the Constitutional Court. Same-sex marriage remains an active political issue, and although the governing coalition is refusing to act, the junior partner Socialists are in favor. A citizen’s initiative on the issue remains active. Meanwhile, the Parliament amended laws around civil partnerships to make them more similar to marriages, and a court ruling for joint adoption rights took effect on Jan 1, 2016. The country elected an independent former Green Party leader who supports same-sex marriage to the presidency this year.

SLOVENIA: After its same-sex marriage law was voted down in referendum last year, the Parliament voted to expand its civil partnership law to make it equal to marriage except in regards to adoption and in vitro fertilization. The law passed and will come into effect in February. By an earlier court ruling, step-child adoption is permitted in Slovenia.

SAN MARINO: The tiny enclave inside Italy debated a civil union law when Italy passed its own law, but the government didn’t pass it before the elections in November. The winning United Left party pledged to pass a civil union law and also supports adoption rights.

MONACO: The Monegasque National Council unanimously passed a motion for civil unions modelled on France’s PACS, but the tiny country’s government is still mostly controlled by the Catholic Prince and his unelected Executive. The Executive has six months to decide whether it will proceed with a civil union law, and then another year to draft and pass it. We’ll see whether anything comes of it.

Monaco and San Marino are the only territories in Western Europe without any recognition for same-sex relationships (aside from territories like the Faroe Islands, whose law is pending).

ESTONIA: A civil union law came into force on Jan 1, although a new right-wing government has so far refused to pass the implementing laws and regulations to make it effective. Estonia is the first post-Soviet country to recognize same-sex unions.

FINLAND: Conservative forces in the country tried unsuccessfully to beat back the country’s same-sex marriage law, passed in 2014, which comes into effect in March 2017. In the meantime, the new conservative government managed to pass two laws that will implement the same-sex marriage decision.

CZECHIA: The government of the country formerly officially known as the Czech Republic introduced a bill to allow step-child adoption in October. It is still before the Parliament.

GERMANY: The Social Democrats, the junior partner in the coalition government, have become more outspoken about LGBT issues and same-sex marriage in the run-up to next year’s elections. At the same time, Angela Merkel’s Christian Democrats have become afraid that veering too left on social issues will lead voters to abandon them for the far-right Alternative for Germany party. The September 2017 elections will be interesting to watch.

FRANCE: The deeply unpopular Socialist President who introduced same-sex marriage in 2013 will not be running for reelection and polls indicate he has tanked his party. Polls and primaries suggest next year’s presidential election will be between the racist Euro-skeptic National Front leader Marine LePen and Republican (conservative) candidate Francois Fillon, who is running on an austerity platform and wants to scrap same-sex couple adoption rights. Anything can happen before next year’s election, held in two rounds in April and May, and some progressives are already mobilizing behind a third independent candidate Emmanuel Macron.

(NORTH) CYPRUS: Talks aimed at finally reunifying the country after more than 40 years are starting to bear fruit and many suspect the island could reunify next year. If that happens, it is presumed that Cyprus’ civil partnership law would apply to the Turkish North for the first time. North Cyprus would also fall under the auspices of EU Law and the European Convention on Human Rights, which have been supportive of LGBT families.

ROMANIA: A case seeking approval for same-sex marriage has dragged on, although at the last hearing it was announced that the Supreme Court will be consulting with the European Court of Human Rights in drafting its opinion next year. The ECHR does not generally require equal marriage under the convention, but does require states to provide some kind of civil union. Meanwhile, despite calls for tolerance from the president, legislators are planning a constitutional amendment to ban same-sex marriage, which is currently gender neutral in the constitution but heterosexual in law.

MACEDONIA and GEORGIA: Both countries recently reelected governments committed to constitutionally banning same-sex marriage.

MALTA: Leaders of Malta’s government and opposition parties both came out in favor of equal marriage but no action has yet been taken on it yet. The country also banned gay conversion therapy in 2016.

ASIA, PACIFIC, and AUSTRALASIA

Same-sex_marriage_map_Oceania.svg
DARK BLUE: Full marriage equality. LIGHT BLUE: Limited federal recognition of marriage only (American Samoa). GREEN: Equal marriage or civil unions proposed. ORANGE: Homosexuality illegal

TAIWAN: Voters elected a pro-marriage equality President and legislature in January, and lawmakers are working on Asia’s first same-sex marriage law. It is expected to pass in mid-2017.

Meanwhile, in CHINA and Hong Kong, equal marriage cases were lost before the courts, although appeals are expected in 2017.

NEPAL: After years of attempts and court orders, the government began work on a draft bill for same-sex marriage in October. Nepal could very likely be the second country in Asia to legalize same-sex marriage, although this is still likely years off. 2017 will mark a decade since the Nepal Supreme Court first ordered the government to introduce same-sex marriage.

AUSTRALIA: Voters very narrowly returned the Liberal-National coalition to government, after they proposed a non-binding plebiscite on same-sex marriage. The plebiscite was killed by the Senate after organized opposition by LGBT activists and the Labor Party. Activists are pushing for a free vote in Parliament, and it’s unclear how this will shake down over the next year in a particularly fractious political climate. I’d put even money on the government relenting on a free vote in 2017.

Australia_states_blank
DARK PURPLE: Civil union/partnership with full joint adoption. PINK: Joint adoption but no relationship recognition. LIGHT PURPLE: No relationship recognition, LGBT people cannot adopt.

Meanwhile, progress continued at the state level. South Australia passed a civil partnership law and began recognizing overseas marriages, bringing the total to 5/7 states and territories comprising 80% of the population that do so. South Australia, Victoria, and Queensland all passed LGBT couple adoption laws, and one has been proposed in the Northern Territory – if passed, all LGBT Australians will have access to joint adoption.  South Australia also passed an omnibus bill that removed gender bias and relationship discrimination from all statutes, and it is in the midst of a debate on reproductive rights for LGBT couples.

NAURU: Nauru decriminalized homosexuality in a general update of its colonial-era penal code. The update also removed the death penalty. The issue was likely brought to the fore by bad international press which spotlighted the plight of LGBTQ refugees who were sent to the island by Australia, and continue to be stranded there.

ISRAEL: The government announced it is equalizing the immigration process for same-sex couples and married straight couples.

PHILIPPINES: After electing its first transgender lawmaker, the Philippines is set to have a debate on LGBT civil unions and an anti-discrimination law next year. Current President Duterte may be a thug, but he’s generally been positive about LGBT rights, so this may actually come to pass.

JAPAN: The movement for relationship recognition gained steam in 2016 as three cities created relationship registries for same-sex couples: Mie, Takarazuka, and Naha, joining Tokyo’s Shebuya and Setagaya wards that did so in 2015. Sapporo, Chiba, and Yokohama are also considering creating registries. While the registries have no legal force, they are reportedly helpful with establishing relationships for hospital visits and other needs. There have been rallies and campaigns for full marriage equality in Japan, and the government has said it is considering measures to improve LGBT rights ahead of the 2020 Tokyo Olympics.

KYRGYZSTAN: Voters ratified a new constitution that bans same-sex marriage.

SOUTH KOREA: A court refused a same-sex marriage appeal.

INDIA: The Supreme Court is still considering the sodomy ban.

AFRICA:

African_homosexuality_laws.svg
DARK BLUE: Full marriage equality. GREEN: Marriage equality proposed. YELLOW: Laws against homosexuality suspended or not in force. ORANGE: Homosexuality illegal. MAROON: Death penalty for homosexuality. 

SEYCHELLES: The tiny island nation decriminalized homosexuality after a few years of pressure from the UN.

CHAD: The much larger Saharan country criminalized homosexuality for the first time, although it is only classified as a misdemeanor and the only penalty is a fine.

MALAWI: The country continues to debate decriminalizing homosexuality.

MAURITIUS: Mauritius is one of those weird countries that maintains a criminal charge against sodomy (gender-neutral), but bans discrimination against LGBT people. It has considered UN requests to remove the sodomy law but has not done so. An LGBT youth group has filed suit against the government to legalize same-sex marriage in 2015; it is still unresolved.

THE GAMBIA: Voters ousted President Jammeh, a brutal anti-LGBT thug, in a democratic election that Jammeh at first conceded but is now challenging. The recognized winner of the election has pledged to rejoin international bodies like the International Criminal Court and the Commonwealth, and to respect human rights, although his stance on LGBT issues is unknown.

NIGERIA: In a bizarre turn, several reports have emerged that the government is considering amending the constitution to allow same-sex marriage, despite the fact that homosexuality is still illegal in the country, with the death penalty imposed in several states.

POPULATIONS OF STATES WITH EQUAL MARRIAGE

United States (including Puerto Rico, Guam, Northern Mariana Islands, and the US Virgin Islands) 327,847,797
Brazil 209,567,920
Mexico 128,632,004
United Kingdom (excluding Northern Ireland; including Isle of Man, Guernsey, Gibraltar, Pitcairn Islands, Akrotiri & Dhekelia, Ascension Island) 62,895,339
France (including all territories) 66,842,000
South Africa 54,978,907
Colombia 48,654,392
Spain 46,064,604
Argentina 43,847,277
Canada 36,286,378
Netherlands (including Caribbean Netherlands) 17,000,059
Belgium 11,371,928
Portugal 10,304,434
Sweden 9,851,852
Denmark (including Greenland and Faroe Islands) 5,764,423
Finland 5,523,904
Norway 5,271,958
Ireland 4,713,993
New Zealand (excluding territories) 4,565,185
Uruguay 3,444,071
Luxembourg 576,243
Iceland 331,778
TOTAL  1,104,336,446

POPULATIONS OF COUNTRIES WITH CIVIL UNIONS

 Germany* 80,682,351
 Italy 59,801,004
 Australia (excluing Northern Territory and Western Australia, which have de facto partnerships)* 24,309,330
 Chile* 18,131,850
 Ecuador 16,385,450
 Greece 10,919,459
 Czech Republic 10,548,058
 Hungary 9,821,318
 Austria 8,569,633
 Switzerland* 8,379,477
 Croatia 4,225,001
 Slovenia 2,069,362
Northern Ireland* (UK) 1,864,000
 Estonia 1,309,104
 Cyprus (excluding Northern Cyprus) 1,176,598
 Malta* 419,615
 Aruba** 104,263
Jersey* (UK) 100,080
 Andorra 69,165
 Liechtenstein 37,776
TOTAL CIVIL UNION 258,922,894

*indicates that equal marriage is under consideration
** Aruba also gives limited recognition to marriages performed in the Netherlands.

STATES WITH LIMITED RECOGNITION OF FOREIGN SAME-SEX MARRIAGES

Israel 8,192,463
Curaçao (Netherlands)** 158,635
Bermuda (UK)* 65,024
Cayman Islands (UK) 60,764
American Samoa (USA) 55,602
Sint Maarten (Netherlands)** 39,538
Alderney (UK) 2,020
TOTAL LIMITED RECOGNITION 8,574,046

*Marriage equality under consideration
**Civil unions under consideration

STATES CONSIDERING SAME-SEX MARRIAGE

Germany ^ 80,682,351
Venezuela ^/** 31,518,855
Nepal*/** 28,850,717
Taiwan* 23,395,600
Australia ^ 24,309,330
Romania** 19,372,734
Chile* 18,131,850
Guatemala ^ 16,672,956
Switzerland*** 8,379,477
El Salvador** 6,146,419
Costa Rica** 4,857,218
Panama** 3,990,406
Northern Ireland** (UK) 1,864,000
Malta* 419,615
Jersey* (UK) 100,080
Bermuda** (UK) 61,662
Saint Helena, Ascension and Tristan da Cunha* (UK) (Excluding Tristan da Cunha) 3,956
Falkland Islands* (UK) 2,912
TOTAL CONSIDERING EQUAL MARRIAGE 268,760,138

*Considered by Legislature
^ Proposed by the opposition
**Considered by Supreme Court
***Referendum proposed
Italics = Civil unions allowed

STATES CONSIDERING CIVIL UNIONS

Japan 126,323,715
Philippines 102,250,133
Peru 31,774,225
Bolivia 10,888,402
Monaco 37,863
San Marino 31,950
TOTAL CONSIDERING CIVIL UNIONS 271,306,288

Total population of countries that currently recognize same-sex marriages/civil unions: 1,371,767,286

Total population of countries that are considering same-sex marriages/civil unions: 540,066,426

Total population of countries that either have same-sex marriage/civil unions, or are considering legalizing them (not double-counting states that have civil union and are considering equal marriage): 1,769,374,983

Number of countries with full same-sex marriage: 21, plus most of the UK, ~6 UK territories, 4 US territories, and 2 Danish countries.

Number of countries with civil unions: 17, plus Northern Ireland, Jersey, and Aruba.