Enter into a same-sex marriage. International regulation and legalization. Now we fly to Portugal
Love is a universal concept and there are many people who experience this feeling not to opposite sex, but to a representative of the same gender. At the same time, it is quite natural that they want to legitimize their relationship. Another thing is that same-sex marriage is a rather foreign concept for modern man and people who choose this path often have to deal with public censure.
Attitude towards same-sex unions in ancient times
Oddly enough, the concept of same-sex love did not arise in last years... This relationship flourished most in Ancient rome where feelings between people of the same sex did not surprise anyone. Nevertheless, even with such a loyal attitude towards this manifestation of love, gay marriage was also impossible there. Despite the fact that society turned a blind eye to such people, the marriage union between them, and even more so general education children were not allowed. It is noteworthy that this was not even officially prohibited by the authorities, this was not even supposed to be.
Contemporary attitudes towards same-sex marriage
Over time, years and centuries, same-sex couples have fought to recognize their right to form an alliance with each other. However, society continued to condemn such a manifestation of feelings, and even more so, same-sex marriage was impossible. Attitudes towards such partners began to change only in recent decades. 
Today, society is more loyal to same-sex couples, believing that it is a personal right of a person to choose his partner. In some countries, the state even gives permission to marry this category of people. At the same time, this attitude does not apply to the whole world, however, the number of countries where same-sex marriage is allowed may increase over time.
Where in the world marriage between same-sex partners is allowed
Today, in 24 countries around the world, official marriage of representatives of sexual minorities is allowed. The first number on the list is the Netherlands, which at all times have been distinguished by more than a loyal attitude towards same-sex unions. It was Holland that became the first country where representatives gay got the opportunity to officially legalize their relationship. The law was passed in 2001. 
From that moment on, large-scale protests began to be held in the world, repeating the violation of the rights of sexual minorities. This was the impetus for the fact that the number of countries where same-sex marriage is allowed began to increase rapidly. Now this list includes such states as Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, Brazil, Uruguay, New Zealand, Malta, Luxembourg, Slovenia, USA, Greenland. Also, there are countries where the legalization of same-sex marriage is possible only partially, in certain areas. These are states such as:
- France;
- United Kingdom;
- Japan;
- Mexico.
Separately, it should be said about Finland, where the law on same-sex marriage was adopted by the government and will come into force in 2017. On this moment in this country civil partnership is allowed.
Civil union. Where is it allowed and how is it different from marriage
There is another alliance of sexual minority partners other than same-sex marriage. In which countries such relations are allowed, besides Finland, not many are known. Meanwhile, in this list includes 18 countries, with completely different mentality and ethnic composition. These are countries such as Germany, Andorra, Switzerland, Czech Republic, Hungary, Austria, Liechtenstein, Croatia, Ecuador, Chile, Cyprus, Greece, Estonia, Italy and other countries. 
The difference between a civil union and marriage is that in this case the couple's legal rights are limited. To a greater extent, this concerns the possibility of adoption and raising children.
At the same time, countries that allow same-sex marriage do not prohibit such partners from taking children into foster care, as well as resorting to such methods as surrogacy or artificial insemination.
Global attitudes towards same-sex unions
Like any medal, the excessive degree of human freedom and the inviolability of his rights have two sides. In this case, it has led to the fact that denial of same-sex unions is perceived as a violation of human rights. This is the attitude that the world community is positioning. Good or bad, everyone decides for himself. However, the fact that most countries in the world allow same-sex marriage at the state level has led to the fact that freedom of morals has reached its peak right now. 
Same-sex marriage in Russia
Despite such pressure to protect their rights from representatives of sexual minorities, there are still countries where the formation of an alliance of such partners is not provided for by law. Among such countries, Russia stands out, where the question of whether same-sex marriage is allowed on its territory is even difficult to imagine. The state's attitude to this issue is absolutely categorical and does not provide for any indulgences. At the same time, the main difference from other countries is not the very ban on the conclusion of same-sex unions.
All countries that do not allow legalization of relations between representatives of sexual minorities legally recognize a marriage contracted in another state. Thus, by registering in another country, a couple can return home and live in peace. family life without breaking any laws. This procedure operates in states such as Israel, Taiwan, Mongolia, Northern and South Korea... The position of the Russian Federation on this issue is unambiguous, same-sex marriages in Russia are prohibited in the same way as relations registered in any other country are recognized as illegal. Moreover, the country has a law prohibiting any propaganda of homosexuality, the violation of which leads to a very large fine. For individuals it is 100 thousand rubles, and for legal entities it can go up to 1 million rubles. 
The attitude of Russians towards same-sex unions
Most of the citizens of the Russian Federation strongly condemn any manifestation of homosexuality. In this respect, the position of the people is similar to the position of the state, and both of them believe that the encouragement of such unions is Right way to the extinction of the nation. At the same time, even neutral attitude people to same-sex partners. Any manifestation of feelings between two men or two women is perceived sharply negatively.
Predictions for same-sex marriage in Russia
Given this attitude of the country's citizens, such a concept as same-sex marriage is unlikely to take root in Russia. Latest polls public opinion show that, despite the improvement in the attitude of the world community to this issue, the Russians remained in the same position. This is also explained by the Soviet legacy, when any signs of homosexuality were prosecuted by the law and the influence of the church and simply human attitude to this question. In any case, it is difficult to imagine that the situation in Russia for representatives of sexual minorities will change in some way in the near future.
Maintaining a healthy nation or violation of rights
If you exclude the emotional side of the issue, there are rational points regarding the legalization of same-sex marriage. The majority of representatives of sexual minorities require the adoption of this law, for the most part wanting to protect their property and non-property interests as spouses. After all, given that same-sex marriage is prohibited in Russia in the same way as there is no official recognition of civil partnership, such couples face many legal problems. They cannot inherit each other's fortunes or use their right to refuse testimony in court as heterosexual partners. There are also questions about children. If something happens to one of the partners, the other cannot automatically become a guardian minor child... Moreover, its sexual orientation will become an obstacle that cannot be overcome. 
Therefore, it is difficult to come to an unambiguous solution. this issue... On the one hand, everyone has the right to connect his life with whoever he wants, provided that this is a mutual decision. But on the other hand, this is a clear violation of both the moral foundations of society, in general, and the institution of marriage, in particular. In addition, the decision of two adults to live together may only concern them. But if such unions are legalized, then this will already affect children who will be brought up in same-sex families, and who will initially grow up with a different worldview. That is why the absolute ban on such marriages in our country is perhaps the only one the right decision, although everyone has their own opinion on this matter.
In Germany. A couple of formalities - and some Rosa and Clara will receive exactly the same rights as Marlene and Erich. Meanwhile, only 1000 kilometers to the east, it is rosy, except perhaps after the rain. What should Belarusian queers do if they want to "legalize" their relationship?
Is it possible to register same-sex marriage in Belarus?
The Code of the Republic of Belarus on Family and Marriage is inexorable in its wording (Article 12): "Marriage is a voluntary union of a man and a woman, which is concluded on the conditions provided for by this Code, aimed at creating a family and gives rise to mutual rights and obligations for the parties."
It follows from this definition: the institution of marriage in Belarus is still a hostage of heteronormativity, and if the partners have the same letters in the “Sex / Sex” column on the 33rd page of the passport, they are not destined to hear Mendelssohn's march in their honor.
In which countries can Belarusians / Belarusians enter into same-sex marriage?
Non-residents can enter into same-sex marriage in the following countries: Norway, Denmark, Iceland, Portugal, Canada, USA, Mexico (partially: Mexico City and 10 states), Brazil (partially: 13 states), South Africa, New Zealand (partially: except for the Cook Islands , Niue, Tokelau), Germany (since October 2017).
There are options with the condition that at the time of marriage, at least one of the partners is in the country for some time. This is a fundamental moment in Argentina (96 hours in certain provinces), in British countries and territories where same-sex marriage is legalized (7 days), Uruguay (15 days), France (40 days in a certain municipality), Belgium (3 months).
Whichever country you skis to, remember: marriage is possible only if there are no contradictions with the local family law not found. But in intensive care, if anything, should be allowed.
Where will your marriage be "counted"?
In countries where same-sex marriages are registered: this is the Netherlands (including the union will be recognized in the Dutch territories where same-sex marriages are not registered), Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal, Iceland, Argentina, Denmark, Brazil, France, Uruguay, New Zealand (except Cook Islands, Niue, Tokelau), Luxembourg, USA, Ireland, Colombia, Finland, Republic of China, Germany, Mexico (throughout the country), England, Wales, Scotland, as well as British crown possessions and overseas territories.
In addition, foreign same-sex marriage is recognized in Israel, Malta and Estonia.
There is little sense in this recognition, since abroad you remain citizens of a country in which same-sex marriage is not considered valid.
How to register same-sex marriage abroad?
The package of documents depends on the country in which you decide to ring. In the averaged version, it looks like this:
Passports of future spouses;
Birth certificates;
Inquiries about marital status from the police, registry office or the Consulate of the Republic of Belarus;
Under appropriate circumstances - divorce certificates, death certificates of the former spouse, previous marriage certificates, documents confirming name or surname change.
To clarify the list, you need to contact the local government agency who runs the matrimonial affairs. You need to take care of the visa in advance, if you need one.
The documents must be translated into the language of the country in which the wedding ceremony will take place. For some documents, a notarial certification may be required, for others - an apostille.
You will have to pay a state fee for registering a marriage.
In some countries, witnesses are required to attend the wedding ceremony. One more important person- translator: well, so as not to mess with an unfamiliar language and say the main words to each other at the right time.
Upon completion of all formalities, you will receive a marriage certificate. For the document to be valid in other countries, you need to legalize it. The countries participating in the 1961 Hague Convention are bypassed with an apostille, in other cases consular legalization will be required.
Will same-sex marriage registered by citizens of Belarus abroad be recognized in Belarus?
No. And no apostille will help.
It would seem that Article 230 of the Code of the Republic of Belarus on Marriage and Family says: “In cases where marriages between citizens of the Republic of Belarus and marriages of citizens of the Republic of Belarus with foreign citizens or stateless persons are concluded outside the Republic of Belarus in compliance with the form of marriage, established by law the place of its commission, these marriages are recognized as valid in the Republic of Belarus, provided that they do not contradict the requirements of Articles 17-19 of this Code ”. Articles 17-19 do not contain a word about same-sex relationships, however, see article 12 again and remember that Belarusian marriage is the privilege of a man and a woman.
Therefore, upon arrival home, you can absolutely not bother with the legalization of documents obtained abroad: the coveted stamp will not appear in the passport anyway.
As for same-sex marriage, officially concluded between foreigners in accordance with the procedure established in their state, it should be recognized in our area as well.
The feeling of love is a very controversial phenomenon and there are many people all over the world who experience a feeling of love not for the representatives of the opposite sex, but for their own sex. The result of such feelings for each other is their desire to register legal marriage relationship... Same-sex marriage is a phenomenon that is contrary to the laws of nature, and supporters of same-sex love face harsh public criticism. However, in the modern world there is whole line countries where same-sex marriage is legal.
Countries that have legalized same-sex unions
The list of countries in which same-sex marriage is allowed mainly consists of the states of Europe, Northern and South America, 24 countries in total. All of them belong to the states of the Western world with developed ideas of democratization and freedom.
Netherlands
Same-sex marriage in Europe was first legalized at the state level in the Netherlands in April 2001. Members of sexual minorities have acquired the right to conduct official wedding events in the city hall on a par with traditional couples. However, the law provides for some restrictions: citizens of foreign countries have the right to join such unions only if one of them legally resides in the Netherlands. The mayor of the city, in some cases, has the right to refuse to register a marriage of citizens with the same sex.
Belgium
The next European country to join the list of countries where same-sex marriage is allowed was Belgium, whose parliament in January 2003 approved a law that legalized the equality of traditional and same-sex families... The main reason for the adoption of such a bill was the numerous demands of representatives of the homosexual layers of the Belgian society for equal rights in the field of property ownership and inheritance. In 2006, following the example of the Netherlands, the country's parliament legally allowed the adoption and raising of children in homosexual families.
Spain
Same-sex marriage in Spain became legal in June 2005, along with the right to adopt a child. The bill to legalize gay marriage caused a great resonance in Spanish society and numerous protests. Members of the Spanish Conservative Party and the Catholic Church have also become ardent opponents. The harsh criticism came from the Vatican's position.
Canada
Same-sex marriage in Canada has gained legal status and has existed since 2005, the debate of which turned out to be the most scandalous of all topics ever discussed in the walls of the Canadian parliament. The law's push through parliament was preceded by several years of lawsuits that divided the country into two opposing camps. The issue of adopting and raising children by gays was resolved by example European countries- were fixed de jure.
Sweden
Same-sex marriage in Sweden has a more tolerant attitude on the part of the country's citizens, 71% of whom in 2006 expressed their support for matrimonial relations regardless of gender. The Swedish Gender Neutral Marriage Bill was debated for three years and was implemented in 2009.
Same-sex marriage in Sweden was first recognized by the country's leadership in 1987 after the same-sex cohabitation act was passed, but it still did not give the right to enter into a legal union. In 1995, it became possible to officially register partnerships between homosexuals.
Same-sex marriages in Sweden were even recognized by the Lutheran Church, in whose institutions the weddings of lesbian and gay couples became a reality.
Against the background of extremely negative attitude world religious denominations, Sweden became the first country where homosexual couples gained the opportunity to formalize their relationship according to religious traditions.
Finland
Same-sex marriage in Finland on legal grounds have existed since 2001. Same-sex spouses are endowed with the same rights as opposite-sex partners, but, unlike other European countries, the right to adopt minors was legalized only in 2017. Finnish homosexual partners are deprived of the opportunity to bear the same surname - each retains his own surname.
Denmark
Same-sex marriage in Denmark was officially recognized in 1989 and is registered as partnerships. Possibilities church wedding not provided, but the possibility of taking a child into the family is enshrined in law. One of the non-traditional partners must be a Danish citizen and reside permanently within the country. In 1997, the Danish parliament approved a law giving the right to artificial insemination for women who are in same-sex partnerships.
Israel
Despite the fact that the country is located in the Middle East with harsh morals, same-sex relationships enjoy the friendliness of the population. There is a sex minority parade every year in Jerusalem, but after it ends, gay men stop flaunting their relationship.
Same-sex marriage in Israel is officially banned, but the legislative basis is “unregistered cohabitation, which actually equates homosexual couples with heterosexual legal spouses... A same-sex union registered in another country is recognized and valid throughout the country.
France
Same-sex marriage in France gained the right to exist in 2013 along with the right to adopt children by homosexual families. The adoption of the law "Marriage for All" was preceded by large-scale manifestations of its fierce opponents, but after its adoption, it improved the statistics on the number of married unions. Most homosexual spouses are urbanites, with Parisians leading the way.
Italy
At the beginning of 2017, following the example of other European countries, same-sex marriage in Italy received legal status. After years of debate, 173 senators in the country's parliament supported the adoption of the law, only 71 senators expressed the opposite position. The Italian version of the "tolerant bill" differs from other European countries in that it provides for the concept of "civil union" between representatives of the same sex. In a civil union, the same rights for spouses are provided as in traditional marriage except for the right to adoption.
Czech
The law allowing same-sex marriage in the Czech Republic came into force in 2006 and provides for same-sex spouses all rights to inherit property, alimony payments, but excludes the possibility of adopting minors.
The Czech version of the law prohibits official homosexual partnerships for close relatives, disabled and minors. Foreign citizens who register same-sex marriage are required to document their legal presence in the Czech Republic.
Ukraine: a new player in the arena of same-sex unions
According to the National Human Rights Program adopted to implement integration with the European Union, the Ukrainian government intends to develop and adopt a bill to legalize same-sex marriage in 2017. In Ukraine, amendments to applicable laws protecting the rights of sex minorities and prohibiting discrimination against them.
Homosexual couples of our time
For centuries, same-sex couples have been forced to hide their unconventional addictions on pain of dire punishment. in society, religious morals were strong, allowing only the correct union between a man and a woman, which is consistent with the laws of nature itself. The attitude of society towards sex minorities began to change at the turn of the century with the development of ideas of tolerance and tolerance in the states of Europe. The loyalty of Europeans to non-traditional partners is explained by the idea of the right of choice for each person, as opposed to age-old foundations, for their way of life and the choice of a life partner.
However, European-style tolerance and tolerance do not work on a global scale. In the countries of the Arab world and Asia, with strong religious morals and traditions, it is even difficult to imagine homosexual human behavior. V Saudi Arabia and in some other countries where Sharia law is in force, homosexuality is punishable the death penalty... However, the country's authorities are trying not to apply the capital punishment and limit themselves only to corporal punishment or prison terms.
There is no single-valued approach to the issue of same-sex families. At first glance, each person has the right, by mutual agreement, to link his life with whomever he wishes. But if you look from the other side, the age-old moral foundations of society in the sphere of marriage and family are destroyed, the laws of nature are violated. The decision of two same-sex members of society to live under one roof is their own business, but the legalization of such manifestations greatly affects the younger generation. Children who grew up in a homosexual family have a completely different worldview, which can lead to a serious demographic and moral crisis in society in the future.
Some time will pass and the world will be dominated only by those nations in which the possibility of legalizing same-sex families is completely excluded, where a man always remains a man; a breadwinner, warrior and head of the family, and a woman will always be a woman; mother and homemaker. Supporters of tolerance and the right to homosexuality will gradually be ousted by stronger traditional nations, the beginning of this process is evidenced by the growing migration crisis in Europe.
Attention! In connection with latest changes in legislation, the information in this article may be out of date. At the same time, each situation is individual.
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Rain that their marriage was officially recognized in Russia, which they registered in Denmark, where same-sex marriages are allowed. Coming with everyone necessary documents at the MFC, they received a passport stamp from an employee of the Ministry of Internal Affairs, confirming that the men were married. The press service of the MFC issued a refutation. At first, they said that the centers of state services in Moscow do not provide a service for registering a marriage. However, the news was not about registration, but about the recognition of an already concluded marriage. Later, the MFC reported that the authorities of the Ministry of Internal Affairs have the authority to recognize a marriage, whose offices may be located on the territory of the center of public services, but who are not employees of the centers of public services. Rain explains how the men managed to get their marriage recognized in Russia.
Why can't same-sex marriage be contracted in Russia?
There is no direct definition of the concept of "marriage" in the Family Code, but there are norms from which it follows that marriage is a union of a man and a woman.
Article 12 of the code specifies several conditions for the conclusion of marriage: mutual voluntary consent of the man and woman entering into marriage, and the achievement of marriageable age... When asked about same-sex marriages in the Moscow registry office, Rain was told that the law proceeds precisely from the wording "consent of a man and a woman."
The same wording is indicated in the 1st article: “Regulation family relations carried out in accordance with the principles of voluntariness marriage union men and women".
In a separate, 14th article, Family Code it is prescribed that a marriage cannot be concluded between relatives, with an adoptive parent, and also if one of the people is already married or recognized by the court as legally incompetent due to mental disorder... Marriages in Russia are registered by the Office of Record of Acts civil status(MARRIAGE REGISTRY).
If the marriage was contracted abroad?
The official website of the Moscow registry office says that according to Russian law the re-registration of a marriage contracted abroad is not required, it is recognized as valid.
Screenshot of the page of the Civil Registry Office of the City of Moscow on the website of the Mayor of Moscow
Thus, a marriage contracted abroad does not need to be registered in Russia - it must be recognized, explains Marina Larionova, a member of the Moscow Bar Association “Margulis, Larionova and Partners”.
The parties must correctly draw up the documents and translate them. The parties must submit documents on marriage in another country with an apostille to the MFC, the lawyer describes the procedure. Apostille is a form of certification of documents approved by the Hague Convention, of which Russia has been a member since 1992.
In the information office of the Mayor of Moscow, Dozhd was also told that in order to put a stamp in his passport, he did not need to go to the registry office, but just go to the department of the Federal Migration Service at the MFC at the place of residence. The press service of the MFC, speaking with a refutation, said that the stamps in the passport are put down by employees of the Ministry of Internal Affairs, whose offices can be located on the territory of the center of public services. At the time of publication of the notes, the Ministry of Internal Affairs had not responded to Dozhd's request.
In Russia, there is a single database that contains information about all registered marriages. A couple will get into it when they submit properly executed documents of a foreign state. The stamp in the passport is put as proof that the couple is now in the base, and in order for all other authorities that will take a passport from a person to be aware of this situation, explains Larionova.
Can any marriage be recognized this way?
This issue is not sufficiently resolved, explains Larionova. “When the Family Code was adopted, the issue of same-sex marriage was not so acute, and there was no 'fashion' to marry outside of Russia,” she points out.
The recognition of a marriage contracted abroad is regulated by a separate article of the Family Code. Such marriages are recognized in Russia as valid if "there are no circumstances provided for by Article 14 that prevent the conclusion of a marriage." The fact that the spouses are of the same sex does not apply to such circumstances in this article. This creates a legal conflict, the lawyer explains.
Can this marriage be canceled?
If there is a conflict in the law, interested parties can go to court to invalidate the marriage.
“We have no case law. The only body that can give official interpretations of the norms is Supreme Court", - explains Larionova. The Supreme Court usually gives a clarification in relation to a specific case that comes up, after examining which it provides an interpretation, she adds.
You can appeal to the Supreme Court, having exhausted all other ways of appeal to lower instances, explains Larionova. According to her, the person who filed the lawsuit will have to prove why he is interested.
Also, amendments to the law can be proposed by a parliamentary party, and after readings they can be approved by the State Duma. Despite the fact that the law is not retroactive, legislators can prescribe in the amendments that they apply to already concluded marriages, Larionova argues.
Changing the Family Code requires the adoption of a law at the federal level, and this is a lengthy and cumbersome procedure, the lawyer adds. “It's impossible to predict how long it will take. Even if someone applies now, the procedure can take months or even years, ”she concludes. The State Duma has already checked the "loophole" for the recognition of same-sex marriages.
Photo: Anatoly Zhdanov / Kommersant