Marriage

  1. Home
  2. People & Relationships
  3. Marriage

Same-Sex Marriage FAQ - - Gender-Neutral Marriage Laws

Questions and Answers

By Sheri & Bob Stritof, About.com

There are now four U.S. states and several countries in the world that recognize same-sex marriage. This FAQ answers some of the most frequently asked questions about these unions.

Note: The information in this article was accurate when it was published. It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans. Please notify us of any oversights or errors.

Q. What countries currently allow same-sex marriage?

A.

Q. Can anyone get married in these countries?

A. In both Canada and Belgium there are no restrictions regarding nationality.

There is a long residency requirement in the Netherlands.

Q. Will these marriages be recognized in the United States?

A. For now, some legal experts are saying yes. They will be legally binding unions. Other experts are saying not necessarily, since under the DOMA states aren't obligated to validate marriages from another locale.

Neal Katyal, of Georgetown University Law School, in an interview with Aaron Brown on CNN NewsNight stated, "No, it does not and the reason is that that general recognition principle of marriages has always had an important exception, the public policy exception, so that if a marriage violated the public policy of the American government or the state, then it wouldn't necessarily be valid...many times states have said we're not bound, we're not obligated to give credit to your marriage if it violates our own notion of public policy."

Q. How does Canada now define marriage?

A. The new national policy approved by the Canadian Cabinet on June 17, 2003, views marriage as a way to publicly recognize a committed relationship between two adults.

Q. Will churches be required to perform same-sex weddings throughout the world?

A. No. The laws apply to civil weddings only.

Q. Aren't same-sex marriages and registered partnerships the same?

A. No. Although registered partnerships give same-sex couples most of the benefits and protections of civil marriage, the couples are not legally married.

Q. What countries currently allow same-sex registered partnerships / civil unions or provide some form of spousal rights for gay couples?

A.

Q. What is the status of gay marriage in the United States?

A.
  • The U.S. government does not recognize any same-sex marriages due to the Defense of Marriage Act (DOMA)
  • 30 states have constitutional amendments that prevent same-sex marriages.
  • 2 states allow same-sex couples to have civil unions.
  • 4 states allow same-sex couples to register as domestic partnerships.
  • New York and the District of Columbia recognize same-sex marriages performed in other states and countries. Note: The DC ruling must be reviewed by Congress before it can become law.
  • The rights available to same-sex couples vary from country to country.

    Resource:
    Associated Press. Gay marriage laws in the US. 4/07/2009.

Explore Marriage

About.com Special Features

What Does Your Surname Mean?

Your last name may reveal a compelling story about your family history. More >

Passive Aggressive Behavior

Is someone in your life passive aggressive? Find out why and how to handle it. More >

Marriage

  1. Home
  2. People & Relationships
  3. Marriage
  4. Types of Marriages
  5. Same-Sex Marriage
  6. Same-Sex Marriage FAQ -- Gender-Neutral Marriage Laws

©2009 About.com, a part of The New York Times Company.

All rights reserved.