Same-sex marriage by Circuit Court
# Same-sex marriage by Circuit Court

Part of the LGBT rights series :

Legal status of same-sex unions :

Marriage

Andorra

Argentina

Australia

Austria

Belgium

Brazil

Canada

Chile

Colombia

Costa Rica

Cuba

Denmark

Ecuador

Estonia*

Finland

France

Germany

Iceland

Ireland

Luxembourg

Malta

Mexico

$Netherlands^1$

New $Zealand^2$

Norway

Portugal

Slovenia

South Africa

Spain

Sweden

Switzerland

Taiwan

United $Kingdom^3$

United $States^4$

Uruguay :

Civil unions and registered partnerships

Bolivia

Croatia

Cyprus

Czech Republic

Greece

Hungary

Italy

Latvia

Liechtenstein

Monaco

Montenegro

Netherlands:

  • Aruba

San Marino

United Kingdom:

  • Bermuda

  • Cayman Islands :

Common-law marriage

$Israel^5$ :

Minimal recognition

$Bulgaria^6$

Cambodia:

  • 68 communes

$China^7$

$India:^8$

  • Chandigarh

  • Gujarat

  • Haryana

  • Kerala

  • Odisha

  • Punjab

  • Tamil Nadu

  • Uttarakhand

$Japan^9$

$Lithuania^6$

$Namibia^{10}$

$Netherlands:^2$

  • Curaçao

  • St Maarten

$Poland^6$

$Romania^{12}$

$Slovakia^6$ :

See also

Same-sex union legislation

Same-sex union court cases

Timeline of same-sex marriage

Recognition of same-sex unions in Africa

Recognition of same-sex unions in Asia

Recognition of same-sex unions in Europe

Recognition of same-sex unions in the Americas

Recognition of same-sex unions in Oceania

Marriage privatization

Divorce of same-sex couples

Domestic partnership

Military policy

Adoption

Listings by country

LGBT rights by country or territory :

Notes

Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.

Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

Neither performed nor recognized in six British Overseas Territories.

Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.

The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.

Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).

Unregistered cohabitation or Maitri karar–type contractual relationships, but they are not legally binding.

Some cities and prefectures issue partnership certificates, though not legally formalized.

Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights

Hospital visitation rights through a "legal representative" status

* Not yet in effect :

LGBT portal :

vte :

Prior to the landmark ruling United States v. Windsor, the constitutionality of banning same-sex marriage was upheld by the Eighth Circuit in Citizens for Equal Protection v. Bruning. After the Windsor ruling, many same-sex marriage bans were struck down by lower courts. The Tenth, Fourth, Seventh, and Ninth circuits all ruled that same-sex marriage bans were unconstitutional. The cases that made it to these circuit courts originated in district courts, which for the most part, also struck down same-sex marriage bans. When a circuit court struck down a state's same-sex marriage ban, it did not directly or immediately strike down same-sex marriage bans in other states within the circuit court’s jurisdiction. However, it paved the way for same-sex marriage bans to be struck down in the entire circuit, due to the precedent it set for district courts within the circuit to follow. In some states, same-sex marriage was already legal before their federal circuit court ruled on the matter.

The Sixth Circuit ruled that same-sex marriage bans were not unconstitutional and reversed the district court rulings that struck down same-sex marriage bans. Since this was the only circuit court to rule this way post-Windsor, this created a circuit split which ultimately led to the Supreme Court of the United States deciding to resolve the issue once and for all. The Supreme Court ruled that same-sex marriage bans violate the constitution, in the landmark ruling Obergefell v. Hodges, which was the consolidated case with cases originating from each state in the Sixth Circuit. Some circuit courts have not ruled on the constitutionality of same-sex marriage bans at all. Some circuit courts had pending same-sex marriage cases, but decided to hold off on rendering a decision until the Supreme Court ruled on the matter.

