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South Africa legalized same-sex marriage in 2006; civil unions are also available to same-sex couples.
The Canton of Geneva has a law on cantonal level, the Partenariat cantonal (the Cantonal Domestic Partnership), since 2001. It grants unmarried couples, whether same-sex or opposite-sex, many rights, responsibilities and protections that married couples have. However, it does not allow benefits in taxation, social security, or health insurance premiums (unlike the federal law). Geneva was the first Canton to recognise same-sex couples through this law.
On September 22, 2002, voters in the Swiss canton of Zürich voted to extend a number of marriage rights to same-sex partners, including tax, inheritance, and social security benefits.[35] The law is limited to same-sex couples, and both partners must have lived in the canton for six months and formally commit to running a household together and supporting and aiding each another.
| Wikiberita mempunyai berita berkaitan: The Swiss vote yes to same-sex relationships and "Schengen/Dublin" |
On June 5, 2005, voters extended this right to the whole of Switzerland, through a federal referendum. This was the first time that the civil union laws were affirmed in a nationwide referendum in any country. The Federal Domestic Partnership Law, reserved to same-sex couples came into force on January 1, 2007. Although it represents progress for gays and lesbians in Switzerland, adoption rights and medically assisted procreation are explicitally forbidden for same-sex domestic partners.[petikan diperlukan]
In 2003, the British government announced plans to introduce civil partnerships which would allow same-sex couples the rights and responsibilities resulting from civil marriage. The Civil Partnership Bill was introduced into the House of Lords on March 30, 2004. After considering amendments made by the House of Commons, it was passed by the House of Lords, its final legislative hurdle, on November 17, 2004, and received Royal Assent on November 18. The Act came into force on 5 December 2005, and same-sex, but not opposite-sex, couples were able to form the civil partnerships from 19 December 2005 in Northern Ireland, 20 December 2005 in Scotland and 21 December 2005 in England and Wales.[36] Separate provisions were included in the first Finance Act 2005 to allow regulations to be made to amend tax laws to give the same tax advantages and disadvantages to couples in civil partnerships as apply to married couples.
In order to counter claims that this is instituting same-sex marriage, government spokespersons emphasised that civil partnership is quite separate from marriage.
Aside from the manner in which couples register and the non-use of the word "marriage", civil partnerships and civil marriages give exactly the same legal rights and operate under the same constrictions and it is not legal to be in both a civil partnership and a marriage at the same time. Nevertheless, some of those in favour of legal same-sex marriage object that civil partnerships fall short of granting equality. They see legal marriage and civil partnerships as artificially segregated institutions, and draw parallels with the racial segregation of the United States' past. Civil partnership ceremonies are prohibited by law from including religious readings, symbols or music, even if the church involved supports such use.[37]
Both same-sex marriages and civil unions of other nations will be automatically considered civil partnerships under UK law providing they came within Section 20 of the Act. This means, in some cases, non-Britons from nations with civil unions will have greater rights in the UK than in their native countries. For example, a Vermont civil union would have legal standing in the UK, however in cases where one partner was American and the other British, the Vermont civil union would not provide the Briton with right of abode in Vermont (or any other US state or territory), whereas it would provide the American with right of abode in the UK.
The first civil unions in the United States were offered by the state of Vermont in 2000. The federal government does not recognize these unions, and under the U.S. Defense of Marriage Act of 1996 (DOMA), other U.S. states are not obliged to recognize them. By the end of 2006, Connecticut and New Jersey had also enacted civil union laws; New Hampshire followed in 2007. Furthermore, California's domestic partnership law had been expanded to the point that it became practically a civil union law, as well. The same might be said for domestic partnership in the District of Columbia, domestic partnership in Washington, and domestic partnership in Oregon.
Templat:Samesex marriage in USA mapJurisdictions in the U.S. that offer civil unions or domestic partnerships granting nearly all of the state-recognized rights of marriage to same-sex couples include:
States in the U.S. with domestic partnerships or similar status granting some of the rights of marriage include:
In California, where domestic partnership (DP) has been available to same-sex couples since 2000, a wholesale revision of the law in 2005 made it substantially equivalent to marriage at the state level. In 2007, the Legislature took a further step toward equality when it required same-sex DP couples to file state income taxes jointly. (Couples must continue to file federal taxes as individuals.) In the May 2008 In Re Marriage Cases decision, the state supreme court noted nine differences between Domestic Partnerships and same-sex marriage in state law, including a cohabitation requirement for domestic partners, access to CalPERS long-term care insurance (but not CalPERS in general), and the lack of an equivalent to California's "confidential marriage" institution.[9]
Regarding same-sex marriage (and related California court cases and constitutional amendments), see the section above this ("United States").
In 2005, the Connecticut General Assembly passed a bill to adopt civil unions in Connecticut. Connecticut's civil unions were identical to marriage and provided all of the same rights and responsibilities except for the title. Connecticut was the first state in the U.S. to voluntarily pass a same-sex civil unions law through the legislature without any immediate court intervention.[39] The law will be repealed on October 1, 2010, to be replaced with a law making marriage gender-neutral.
The District of Columbia offers domestic partnerships which grant nearly all of the state-recognized rights of marriage to same-sex couples. *Domestic Partnerships in the District of Columbia (1992 law implemented, 2002 law came into effect - expanded over time to 2009)
Maine legalized domestic partnership in 2004.
On April 26, 2007, the New Hampshire General Court (state legislature) passed a civil union bill, and Governor John Lynch signed the bill into law on May 31, 2007.[40] At the time, New Hampshire was "...the first state to embrace same-sex unions without a court order or the threat of one."[41] The New Hampshire civil union legislation became effective on January 1, 2008.[42] The law was replaced by the same-sex marriage law on January 1, 2010.
On October 25, 2006, the Supreme Court of New Jersey gave New Jersey lawmakers 180 days to rewrite the state's marriage laws, either including same-sex couples or creating a new system of civil unions for them. On December 14 the Legislature passed a bill establishing civil unions in New Jersey, which was signed into law by Governor Jon Corzine on December 21, 2006. The first civil unions took place on February 19, 2007.[43]
There are differences between civil unions and domestic partnerships. In 2004, the state of New Jersey enacted a domestic partnership law, offering certain limited rights and benefits to same-sex and different-sex couples. In 2006, however, after a state Supreme Court ruling that same-sex couples must be extended all the rights and benefits of marriage, the Legislature passed a civil unions law, effective in 2007, which fulfills the court's ruling.
On May 31, 2009, the Nevada legislature overrode Gov. Jim Gibbons' veto of a domestic partnership bill, making Nevada the 17th state to grant rights to same-sex couples. The bill allows that domestic partners, gay or straight, may register and have many of the rights afforded to married couples. The law did take effect from 1 October 2009.
Since 4 February 2008, Oregon offers domestic partnerships which grant nearly all of the state-recognized rights of marriage to same-sex couples.
See: Domestic partnership in Oregon
The controversial civil unions law[44] that was passed in the Vermont General Assembly in 2000 was a response to the Vermont Supreme Court ruling in Baker v. Vermont, requiring that the state grant same-sex couples the same rights and privileges accorded to married couples under the law. There were still many people who were strongly opposed to the idea of same-sex marriage, so the legislature enacted civil unions as a compromise between groups seeking identical rights for homosexual couples and groups objecting to same-sex marriage. One of the most instrumental champions of the bill in the Vermont House was a three-term legislator from Washington, Marion Milne. As happened to many other proponents of the law, her conservative home district responded by not re-electing her in the 2000 elections.
A Vermont civil union is nearly identical to a legal marriage, as far as the rights and responsibilities for which state law, not federal law, is responsible are concerned.[44] It grants partners next-of-kin rights and other protections that heterosexual married couples also receive. However, despite the "full faith and credit" clause of the United States Constitution, civil unions are generally not recognized outside Vermont in the absence of specific legislation. Opponents of the law have supported the Defense of Marriage Act and the proposed Federal Marriage Amendment in order to prevent obligatory recognition of same-sex couples in other jurisdictions. This means that many of the advantages of marriage, which fall in the federal jurisdiction (over 1,100 federal laws, such as joint federal income tax returns, visas and work permits for the foreign partner of a U.S. citizen, etc.), are not extended to the partners of a Vermont civil union.
As far as voluntary recognition of the civil union in other jurisdictions is concerned, New York City's Domestic Partnership Law, passed in 2002, recognizes civil unions formalized in other jurisdictions. Germany's international civil law (EGBGB) also accords to Vermont civil unions the same benefits and responsibilities that apply in Vermont, as long as they do not exceed the standard accorded by German law to a German civil union. The law was replaced by the same-sex marriage law on September 1, 2009.
Washington memberikan hampir semua hak asasi diakui negara perkahwinan pada pasangan sama jantina. *Domestic Partnerships in Washington (2007 law implemented and effective - expanded over time to 2009).
Kesatuan sivil di Uruguay dibenarkan di seluruh negara sejak 1 Januari 2008.
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