Legal gender, or legal sex, is a sex or gender that is recognized under the law. Biological sex, sex reassignment and gender identity are used to determine legal gender. The details vary by jurisdiction. Legal gender identity is fundamental to many legal rights and obligations, including access to healthcare, work, and family relationships, as well as issues of personal identification and documentation. The complexities involved in determining legal gender, despite the seeming simplicity of the underlying principles, highlight the dynamic interaction between biological characteristics, self-identified gender identity, societal norms, and changing legal standards. Because of this, the study of legal gender is a complex field that is influenced by cultural, historical, and legal factors. As such, a thorough investigation is necessary to fully understand the subject's implications and breadth within a range of legal systems and societies.
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👉 Legal gender in the context of Same-sex marriage
Same-sex marriage, also known as gay marriage or same-gender marriage, is the marriage of two people of the same legal sex or gender. As of 2025, marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdiction to legalize same-sex marriage is Thailand.
Same-sex marriage is legally recognized in a large majority of the world's developed countries; notable exceptions are Italy, Japan, South Korea, and the Czech Republic. Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia, restrict advocacy for same-sex marriage. A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure.