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In Schalk and Kopf v Austria (24 June 2010), the European Court of Human Rights decided that the European Convention on Human Rights does not oblige member states to legislate for or legally recognise same-sex marriages. The Court has held that the European Convention on Human Rights (ECHR) requires member states to provide legal recognition, but does not require marriage to be opened to same-sex couples. Over the years, the European Court of Human Rights (ECtHR) has handled cases that challenged the lack of legal recognition of same-sex couples in certain member states.
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Several European countries do not recognise any same-sex unions. Benelux countries, France and the United Kingdom, whereas Germany, Ireland and Nordic countries have ended their pre-marriage civil union legislation so that existing unions remain but new ones are not possible. Of the countries that perform same-sex marriages, some still allow civil unions, e.g. Although they do not recognise same-sex unions themselves, Bulgaria, Latvia, Lithuania and Romania, are bound by a ruling by the European Court of Justice to recognise same-sex marriages performed within the EU and including an EU citizen for the purposes of granting legal residence, though this ruling is not always respected in practice, as in the case of Romania which has not implemented the ruling. Poland and Slovakia recognise private contractual cohabitation of two persons (regardless of sexual orientation or relationship type - including non-sexual non-intimate relationships) for limited purposes. An additional thirteen European countries legally recognise some form of civil union, namely Andorra, Croatia, Cyprus, the Czech Republic, Estonia, Greece, Hungary, Italy, Liechtenstein, Monaco, Montenegro, San Marino, and Slovenia. Same-sex marriage will become legal in Switzerland in July 2022, following a referendum on the issue on 26 September 2021 that passed with 64.1% in favour. Currently 31 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex unions, among them most members of the European Union (23/27).Īs of September 2021, sixteen European countries legally recognise and perform same-sex marriages: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Netherlands, Norway, Portugal, Spain, Sweden and the United Kingdom. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.ĭebate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions.Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.Unregistered cohabitation or Maitri Karar–type contractual relationships.
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Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Registered foreign marriages confer limited rights. Neither performed nor recognized in American Samoa or some tribal nations.Neither performed nor recognized in six British Overseas Territories.Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed. Performed in the Netherlands proper, including the Caribbean Netherlands.Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.