Since the Netherlands became the first country to legalise same-sex marriage in 2001, there have been significant and positive changes to marriage equality laws for the LGBTQIA+ community in different countries around the world. As of January 2025, same-sex marriage is legalised in 38 nations. Each nation has enacted legislation or court rulings to recognise marriage equality, reflecting evolving societal attitudes and legal frameworks supporting LGBTQIA+ rights globally.
However, despite these advances, the global picture on same-sex unions is not uniform. In some countries, it is criminalised whereby LGBTQIA+ individuals face harsh legal and social consequences for their relationships, which makes it difficult for advocates of same-sex marriage equality and LGBTQIA+ rights to effect change in these regions.
Countries to legalise same-sex marriage
The list of countries to legalise same-sex marriage includes: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
In February 2024, the Greek parliament approved legislation legalising same-sex civil marriage and same-sex couple adoption, becoming the first majority-Orthodox Christian nation to legalise same-sex marriage. Similarly, Estonian law came into effect last year to recognise same-sex civil unions, making Estonia the first Baltic nation to do so.
In June 2024, Thailand’s Senate passed a marriage equality Bill, replacing traditional terms of “husband” and “wife” with more gender-neutral terms like “spouse” and “person”. Following the Final Reading of the Bill, 130 out of 152 members of parliament voted in favour of the change and voted in support of the legalisation of same-sex marriage. This law came into effect on 23 January 2025.
Australia’s landmark change to same-sex marriage laws came into effect on 9 December 2017. This broadened the definition of who could marry from “a man and a woman” to “the union of 2 people to the exclusion of all others, voluntarily entered into for life” as per section 5 of the Marriage Act 1961 (Cth).
Countries on their way to legalise same-sex marriage
There are several countries continuing to make efforts towards legalising same-sex marriage.
Japan has historically placed a ban on same-sex marriage as Article 24 of their Constitution states that marriage “shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis”. Interestingly though, a Japanese High Court ruled that denying same-sex marriage was unconstitutional, and a violation of an individuals’ fundamental right to form a family. This decision followed a series of rulings by District Courts, which had also declared the current marriage laws unconstitutional. Currently, Japan is the only G-7 nation that has yet to recognise same-sex civil unions or same-sex marriage. This is despite the fact almost 70 per cent of the population expresses support for same-sex unions, as per a 2023 Pew Research Center survey. A clear message has been sent to Japan’s parliament that reform of current exclusionary marriage laws is urgently needed.
Countries where same-sex marriage is criminalised
While all progress is beneficial, there is still a long way to go before everyone globally has the same basic and fundamental equal right to marry. Focus for change is required in nations where unfortunately same-sex unions remain criminalised. Of the 62 nations to criminalise homosexuality (and therefore same-sex marriage), nearly half are in Africa. South Africa exists as the only African country to legalise same-sex marriage, having done so in 2006.
Laws on LGBTQIA+ rights around the world are constantly changing and evolving. If you wish to read more about each country’s jurisdictional development on same-sex couples, the International Lesbian, Gay, Bisexual, Trans and Intersex Association World ILGA have released an insightful document overviewing each country and their current laws and impending bills titled ‘Laws on Us’. Click here for more information.
Nicholes Family Lawyers has a wealth of experience in advising on LGBTQIA+ matters including surrogacy, divorce, property settlement or pre-nuptial and or de facto agreements. If you or anyone you know is seeking advice, please do not hesitate to contact us.