It is estimated that the concept of 'marriage' has existed for around 4,350 years, with the first recorded marriage, between a heterosexual couple, dating to around 2,350 BC. In stark contrast, the first recorded marriage, between a homosexual couple, took place in 2001. Marriage is, fundamentally, a legally binding contract, creating rights and obligations for the married individuals. It is, also, a culturally recognised union that establishes a recognised status within our society.
The global picture of same-sex marriage
There are 195 countries in the world and nearly every one of them recognises heterosexual marriage. However, as of June 2025, only 38 of those countries recognise same-sex marriage. Those 38 countries are home to 1.5 billion people, 20% of the global population.
Legalising same-sex marriage in Scotland, England and Wales
Scotland, England and Wales only adopted same-sex marriage relatively recently. In Scotland, that came about through the passing of the Marriage and Civil Partnership (Scotland) Act 2014 which came into effect on 16 December 2014, and which mirrored a similar law passed in England and Wales in March 2014.
However, Scotland, England and Wales were relatively late adopters of such legislation, coming fourteen years after the world witnessed the first same-sex marriage. The first country to recognise same-sex marriage was the Netherlands. The Dutch parliament passed a law in December 2000 and that took effect on 1 April 2001. On that date, four couples married in Amsterdam, and the event was of such significance that it was broadcast live on television. Twenty-four years later, the most recent countries to legalise same-sex marriage are Thailand and Liechtenstein.
Significant court decisions for same-sex marriage
Article 12 of the European Convention on Human Rights states "men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right."
In the 2010 case of Schalk and Kopf v Austria (Application no.30141/04), the European Court of Human Rights decided that the human rights of an Austrian same-sex couple who were denied the right to marry, had not been violated (Austria legalised same-sex marriage in 2019). The court further stated that same-sex unions were not protected under article 12 ("right to marry") which exclusively protected the right to marry of opposite-sex couples, but they were protected under article 8 ("right to respect for private and family life") and article 14 ("prohibition from discrimination").
On 26 June 2015, the US Supreme Court issued a landmark judgement in the case of Obergefell v Hodges, (576 U.S. 644) ruling that the right to marry is guaranteed to same-sex couples by the Fourteenth Amendment. This decision overturned all state bans on same-sex marriage, requiring all 50 US states to recognise and perform same-sex marriages. Since that decision, there has been a substantial increase in same-sex marriages across the USA.
Equality
Significant borders still exist for LGBTQ+ individuals, with the laws of some countries impeding their very ability to even have a relationship, let alone consider marriage. At one end of the spectrum are those countries that now recognise that right to choose marriage. However, at the other end are those 64 countries with laws that criminalise homosexuality, with nearly half of those in Africa. Whilst it is encouraging that laws are changing across the world, the pace is slow.
We recognise that while LGBTQ+ individuals and couples experience many of the same issues as mixed sex couples, they may also face unique challenges. Our LGBTQ+ family law experts are prepared to provide tailored solutions for every family. To speak to a member of our team, please get in touch.
Contributor
Partner
