Same-sex marriage in the context of "LGBT rights"

⭐ In the context of LGBTQ+ rights, the legal landscape surrounding same-sex marriage and penalties for same-sex acts demonstrates…

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👉 Same-sex marriage in the context of LGBT rights

Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

Notably, as of January 2025, 38 countries recognize same-sex marriage. By contrast, not counting non-state actors and extrajudicial killings, only two countries are believed to impose the death penalty on consensual same-sex sexual acts: Iran and Afghanistan. The death penalty is officially law, but generally not practiced, in Mauritania, Saudi Arabia, Somalia (in the autonomous state of Jubaland) and the United Arab Emirates. LGBTQ people also face extrajudicial killings in the Russian region of Chechnya. Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020. Fifteen countries have stoning on the books as a penalty for adultery, which (in light of the illegality of gay marriage in those countries) would by default include gay sex, but this is enforced by the legal authorities in Iran and Nigeria (in the northern third of the country).

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In this Dossier

Same-sex marriage in the context of Christian views on marriage

Christian terminology and theological views of marriage vary by time period, by country, and by the different Christian denominations.

Catholic and Eastern Orthodox Christians consider marriage as a holy sacrament or sacred mystery, while Protestants consider marriage to be a sacred institution or "holy ordinance" of God. However, there have been differing attitudes among denominations and individual Christians towards not only the concept of Christian marriage, but also concerning divorce, remarriage, gender roles, family authority (the "headship" of the husband), the legal status of married women, birth control, marriageable age, cousin marriage, marriage of in-laws, interfaith marriage, same-sex marriage, and polygamy, among other topics, so that in the 21st century there cannot be said to be a single, uniform, worldwide view of marriage among all who profess to be Christians.

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Same-sex marriage in the context of Social policy

Some professionals and universities consider social policy a subset of public policy, while other practitioners characterize social policy and public policy to be two separate, competing approaches for the same public interest (similar to MD and DO in healthcare), with social policy deemed more holistic than public policy. Whichever of these persuasions a university adheres to, social policy begins with the study of the welfare state and social services. It consists of guidelines, principles, legislation and associated activities that affect the living conditions conducive to human welfare, such as a person's quality of life. The Department of Social Policy at the London School of Economics defines social policy as "an interdisciplinary and applied subject concerned with the analysis of societies' responses to social need", which seeks to foster in its students a capacity to understand theory and evidence drawn from a wide range of social science disciplines, including economics, sociology, psychology, geography, history, law, philosophy and political science. The Malcolm Wiener Center for Social Policy at Harvard University describes social policy as "public policy and practice in the areas of health care, human services, criminal justice, inequality, education, and labor". Social policy might also be described as actions that affect the well-being of members of a society through shaping the distribution of and access to goods and resources in that society. Social policy often deals with wicked problems.

The discussion of 'social policy' in the United States and Canada can also apply to governmental policy on social issues such as tackling racism, LGBT issues (such as same-sex marriage) and the legal status of abortion, guns, euthanasia, recreational drugs and prostitution. In other countries, these issues would be classified under health policy and domestic policy.

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Same-sex marriage in the context of Matrimonial

Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.

Around the world, there has been a general trend towards ensuring equal rights for women and ending discrimination and harassment against couples who are interethnic, interracial, interfaith, interdenominational, interclass, intercommunity, transnational, and same-sex as well as immigrant couples, couples with an immigrant spouse, and other minority couples. Debates persist regarding the legal status of married women, leniency towards violence within marriage, customs such as dowry and bride price, marriageable age, and criminalization of premarital and extramarital sex. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, cultural, economic, political, religious, sexual, and romantic purposes. In some areas of the world, arranged marriage, forced marriage, polygyny marriage, polyandry marriage, group marriage, coverture marriage, child marriage, cousin marriage, sibling marriage, teenage marriage, avunculate marriage, incestuous marriage, and bestiality marriage are practiced and legally permissible, while others areas outlaw them to protect human rights. Female age at marriage has proven to be a strong indicator for female autonomy and is continuously used by economic history research.

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Same-sex marriage in the context of Maiden and married names

When a person (traditionally the wife in many cultures) assumes the family name of their spouse, in some countries and cultures that name replaces the person's previous surname, which in the case of the wife is called the maiden name ("birth name" is also used as a gender-neutral or masculine substitute for maiden name), whereas a married name is a family name or surname adopted upon marriage.

In some jurisdictions, changing names requires a legal process. When people marry or divorce, the legal aspects of changing names may be simplified or included, so that the new name is established as part of the legal process of marrying or divorcing. Traditionally, in the Anglophone West, women are far more likely to change their surnames upon marriage than men, but in some instances men may change their last names upon marriage as well, including same-sex couples.

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Same-sex marriage in the context of Social equality

Social equality is a state of affairs in which all individuals within society have equal rights, liberties, and status; possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services.

Social equality requires the absence of legally enforced social class or caste boundaries, along with an absence of discrimination motivated by an inalienable part of an individual's identity. Advocates of social equality believe in equality before the law for all individuals regardless of many aspects. These aspects include but are not limited to, sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, disability,trade union membership, political views, parental status, mores, family or marital status, and any other grounds. These are some different types of social equality:

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