Same-sex marriage. Whether Russia's family law is allowed to register homosexual steam. The relations of the world community to same-sex unions

In the modern world, an increasing number of countries empows same-sex couples on official marriage. However, in Russia and a number of other states such marriages are not recognized. And in some states for homosexual relations, the death penalty threatens. If partners firmly decided to register their relationship, you can go to one of those countries where same-sex marriages are allowed.

Marriage traditional and same-sex

Such a concept as "marriage" arose during the times of the most ancient states. But a few thousand years ago, and today it means the voluntary association of a man and a woman in one family. Marriage in a traditional understanding is a union between the persons of the opposite sex. It lies in their mutual desire to create a family. However, over the past few decades, this concept has undergone changes. First of all, it affected European tolerant states. It can now be combined with marriage, not only heterosexual, but also homosexual pairs. In some countries, they are also allowed to have children. This trend is also supported at the international level. However, not all states by virtue of their religious and cultural traditions are ready for such changes.

In people of unconventional orientation, in many countries today has the opportunity to enter into marriage

International Regulation and Legalization

Interesting is the fact that not so long ago, homosexuality was regarded by the World Health Organization as a disease. But since 1990, he was excluded from the list of disease recognized at the global level. This was done in favor of the outlined policies of the total protection of equality, including for adherents of same-sex love.

The main role in the legalization of the relations between sexual minorities was played by the Cairo International Conference of the United Nations Population and Development of 1994 (hereinafter - the Cairo Conference). Its program described principles in the field of human rights and freedoms. One of them was proclaimed right to choose any sexual partner, the conclusion of any unions. Freedom of man began to be interpreted even wider. It is proclaimed equality of all regardless of race, skin color, gender, religion and sexual orientation. The development of these principles has led to the fact that many countries began to recognize (or) to solve such unions officially.

At the international level, since 2003, there is even a day to combat homophobia (May 17). And 2011 was marked by the adoption of UN resolution prohibiting any discrimination against homosexuals.

Video: Gay Rights in the World

Where can I join same-sex marriage

The principles approved at the Cairo Conference were gradually developed in many countries. Since 2000, the process of legalization of homosexual unions began in a number of European states. However, questions about the rights of sexual minorities even in the most tolerant of them are disputes in society.

Some countries recognize such connections, but their official registration is not introduced. Others and recognize, and register same-sex unions. Third produce their registration in other forms, recognizing marriages concluded in other countries. There are those who prohibit them and even punish the death penalty.

In many countries, homosexuality is criminalized up to the death penalty

List of countries where same-sex marriages are allowed

To the number of loyal states confirmed by legalization (that is, the legality) of same-sex marriages include:

• Netherlands (2001);
• Belgium (2003);
• Spain, Canada (2005);
• South Africa (2006);
• Norway, Sweden, Portugal, Iceland (2009);
• Argentina (2010);
• Denmark (2012);
• Brazil, Uruguay, France, New Zealand (2013);
• Luxembourg, USA, Ireland (2015);
• Colombia (2016);
• Finland (2017).

The possibility of registration of marriage unconventional unions today is provided in twenty countries. In Mexico and the United Kingdom, such marriages are not pronounced in all parts (states). In some states, union unconventional couples have other status other than marriage, namely the registered civil partnership. Such rules operate in Germany, Czech Republic, Hungary, Croatia, Estonia, Austria, Switzerland, Greece, Slovenia, Italy.

There is no unambiguous relation to same-sex marriage in the world.

Whether Russia's family law is allowed to register homosexual couples

Russia does not apply to the number of countries advocating the legalization of same-sex love. Direct ban on such unions does not contain legislation. Equally, as well as regulatory acts that infringe upon the rights of sex minorities. But the current legislation does not provide rights to unconventional couples to legitimize their relations.

The Family Code of the country (SC RF) contains the traditional definition of marriage as the unification of a man and a woman (art. 12). At the same time, among the circumstances, which make the conclusion of marriage impossible, homosexuality is not listed (Art. 14 of the RF IC). However, to be adopters of children, the same-sex couples in Russia will not be able. This direct ban on the law provides for (paragraph 13 of Art. 127 of the RF IC).

Homosexual unions (marriages) concluded in other countries, we do not recognize. In addition, Russia is not a member of international agreements on the legalization of non-traditional marriages. Based on this, it can be concluded that in the near future the attitude to the marriage of homosexual couples in Russia will not change.

Video: Why in Russia will not legalize gay marriages

Position of Russian society

The state is no longer the first year concerned about the demographic situation and takes measures to raise the fertility. And people who are brought up under the influence of cultural and religious traditions are far from being so tolerant in this matter as Europeans. Especially generation that has grown in the times of the Soviet Union. Young people look easier to homosexuality. Some support gay rights, others adhere to a neutral position. However, the majority still refers to same-sex unions negatively. The Russian society is alien to international principles established against same-sex marriages. According to the results of surveys conducted in different years, their agreement with homosexual marriages expressed only 4 to 30% of citizens. At the state level in society, the ideas of the value of family, motherhood, childhood and traditional relationships are vaccinated.

Video: Do \u200b\u200bI need to legalize same-sex marriage? (survey of residents of Russia and Ukraine)

In which countries the same-sex unions are prohibited

In contrast to those countries where complete legalization of homosexual marriages was introduced, there are states that insist on them. In some of them, a harsh punishment is provided for any homosexual relationship right up to the death penalty. For the most part, they include countries in which religious traditions are strong. These are the Eastern and African states, Asia and Latin America, Oceania.

Homosexuals are subject to serious criminal prosecution:

• Saudi Arabia;
• Sudan;
• Iran;
• Pakistan;
• Malaysia;
• Tanzania;
• Barbados.

There is no consensus in the world community about marriage homosexual unions. Most European countries allow their conclusion, referring to equality regardless of orientation. There are more than two hundred countries in the world, and only twenty of them have yet officially recognized the legality of same-sex unions. The rest are either loyal, or hold neutrality, or openly oppose. Some countries that share European values \u200b\u200bin the near future, apparently, also legalize such unions. However, in states with strong religious traditions, this issue will have a positive effect.

From our article you can find out interesting facts about same-sex marriages.

1. In 70% of US states, same-sex marriages legalized

Whether the decision of the court, state legal authorities or the result of a nationwide vote, but the 35 states in the United States have at the moment have already legalized same-sex marriages. This is a very promising fact for same-sex couples, since in 70% of states in America are officially allowed marriages between representatives of the same sex.

But there are another 15 states that prohibit same-sex marriages.

In fact, court cases and legal issues related to same-sex marriages exist quite a lot. Wedding gives certain legal rights to spouses. In some circles, disputes are being conducted whether these rights should be in one-pole marriage.

If you look at such marriages from the point of view of the legitimate rights of the pair, it becomes clear that this is a matter of civil rights. Many people from the Society of Lesbian, Gays, Bisexuals and Transgenderrs in the legalization of same-sex marriage see a kind of civil rights movement in the United States.

2. The first same-sex marriage took place in Massachusetts on May 17, 2004

It turns out that until 2004 in the United States there were no cases when same-sex couples legally entered into marriage. Although some states do not have laws that prohibit marriages between representatives of the same sex, but none of them had specific laws that would regulate marriages between same-sex couples.

In 1978, a very important fact occurred. The case of one-bed marriage Pair from Minnesota has established a legal precedent for the next 30 years. Two activist student who sought to marry, won this business. It came even to the Supreme Court. And although he actually did not listen to him, it created a precedent, according to which the lower court courts cannot make decisions against. It also became the reason that the lower courts could not consider this question.

Only many years later, the lower courts received the right to consider this issue in connection with a number of changes that occurred in the laws regulating. Massachusetts became the first state that recognized the legitimate right of same-sex couples for marriage on May 17, 2004.

3. 11 Indian tribes recognized same-sex marriages

In the US, Indian tribes have jurisdiction over many of their own affairs. As part of this jurisdiction, indigenous Americans have the right to create their own laws that regulate the marriage. Same-sex marriages recognized 11 Indian tribes. In 2013, the first such marriage between the Indians from California was legalized.

4. There are 1138 legal rights that regulate same-sex marriages

In the United States, there are a number of legal rights and guarantees that people receive from the federal government after they concluded marriage.

The same-sex couples look at these rights as the basic rules for marital couples, and argue that all citizens have the right to the same legal protection. That is why efforts aimed at the legalization of same-sex marriages are often compared with the movement for civil rights. For supporters of gay marriages, this is part of the overall trend of civil rights in the United States.

Some of these rights include access to such benefits as medical insurance and social security benefits. Also personal rights include visiting hospitals, family leave and property planning. Many people who oppose same-sex marriages are precisely the reasons for which they need to ban. They believe that same-sex couples should not have access to the legal rights that Americans receive after marriage.

5. Support for same-sex marriages increased from 27 to 55% in the period from 1996 to 2014.

Over the past 20 years, public support for same-sex marriages is steadily growing. In 1996, a survey was conducted, according to which only a quarter of all Americans acted in support of same-sex marriages.

When the survey spent 20 years later, it turned out that more than half of Americans were not against such an idea. If you consider these facts more carefully, you can consider an amazing tendency.

It would be possible to assume that changes in this statisticians occur due to the younger generation and more progressive views. But the fact is that the actual attitude towards this phenomenon changes. Not only young people, but also the older generation changed their opinion about the legitimate marriage between the people of the same sex.

6. 33% of Americans denied gay marriages

Despite the fact that the attitude to same-sex marriage changes in America, there are at least four strong countries with more liberal views on this question than the United States. In the United States, 33% of the population suggests that homosexuality cannot be accepted by society. Compare this with 60% of people who adhere to the opposite opinion.

In Western Europe, the pace of acceptance is much higher. The highest indicator in Spain. There, 91% of people consider homosexuality quite normal for society. The second place is occupied by Germany, there are one-sex marriages to support 87% of the population. In France and Britain, 80% of the population have nothing against the legalization of same-sex marriages.

7. In the south twice as many people who oppose the same-sex marriage

Opinions about same-sex marriages differ depending on the region of the United States. In particular, studies show that people in the south are twice as often opposed to same-sex marriage than in New England. Half of the people surveyed in the south and in the central part of the United States denied marriages between homosexuals, while only a quarter of people in New England adheres to the same opinion.

While these regions dealt with the rest of the United States, the rest of the United States has a narrower range of opinions. In the Pacific Ocean area, 30% of people oppose, whereas in the mountainous regions of America - 42%.

Surprisingly, the majority of Americans, even those who oppose legalization, consider the legal recognition of same-sex marriages inevitability. 72% of the population believes that they are legalized throughout the United States.

8. 71165 same-sex marriages were registered in the USA

Oddly enough, the number of same-sex marriages in the United States is quite difficult to determine. Their legal processing occurs at the state level. The opportunity to participate in these issues at the federal level the Supreme Court and the government received quite recently. As a result, the reporting is slightly different. Nevertheless, it is clear to establish that since the first marriage in 2004, 71165 were registered.

The highest rate in this matter has all the same staff Massachusetts, California ranks second.

9. 60% of same-sex marriages were registered between lesbians

To date, many states do not require people to point out their sex in marriage certificate. For example, in the state of New York, 7950 couples took advantage of these right. It is assumed that at least some of them were same-sex.

Thus, it is difficult to determine how many gay and lesbians are married. Statistics argue that in 60% of cases, one-sex marriages were registered by women. The wishes to marry reports about an approximately equal amount of gays and lesbians. Obviously, women more often take the final decision.

10. Single-sex marriages are permitted in 20 countries of the world.

All over the world, more and more countries recognize same-sex marriages. The Netherlands became the first country, which took this step in 2000. In 1998, in Belgium, one-sex couples provided limited rights, and in 2003 they completely legalized them.

In the US at the federal level, same-sex marriages still do not recognize.

Marriage between them was registered on January 4, 2018. Documents on registration, together with certified notarial translations, they filed to a multifunctional service center (MFC) in Moscow. "The head of the department of the Ministry of Internal Affairs did not flop by any muscle on the face. She asked us: "Are you together?" And asked for passports for stamps, "Pavel Stalko clarified.

"We were shocked that some laws in Russia work, despite the general homophobia. We prepared for a long-term struggle against the bureaucracy, but as a result, they achieved recognition in Russia simply defeats their own fear, "the newlyweds added.

According to Pavel Stotko, he and his spouse do not worry that because of the publicity they can be deprived of stamps in the passport. "They will have to change the Family Code, according to which our marriage is recognized and operates in Russia. But the law of the inverse force does not have, and our marriage will still remain in force, "Muscovite said.

As follows from the Family Code, marriages between Russian citizens concluded abroad are recognized in Russia with valid, if there are no circumstances, "impede the conclusion of marriage specified in the 14th article of the Family Code." This article says that marriage cannot be concluded between close relatives, adoptive parents and adopted, and also if one of the people is already married or was recognized by the court incapacitated due to a mental disorder. The fact that marriage is registered between two people of one sex, is not specified as a limiting circumstance.

Previously, Paul and Eugene took part in the "Plus Guys" and the Second Russian National Conference of HIV-Service Organizations and LGBT. They told about the history of their discordant relations - Eugene lives with HIV.

"We actually have always been a discordant pair," Evgeny told. - We did not know the first three years of our relationship that I had HIV. After we learned, our relations were just stronger. And all the problems were inflated and mostly were based on the feeling of fear for their lives and for the health of Pasha. But now I know that I can control the situation: regularly pass tests and studies needed for a clear idea of \u200b\u200byour health. The paths of transfer of HIV infection are well known to us, and we professionally know how to ensure that the infection is not transmitted. "

The portal "Guys Plus" congratulates young people with a victory!

Rain that their marriage was officially recognized in Russia, which they registered in Denmark, where one-sex marriages are allowed. Having come with all the necessary documents to the MFC, they received the seal from the Ministry of Internal Affairs to the passport confirming that men are married. The press service of the MFC was a refutation. At first there they stated that the centers of Moscow Moscow did not provide a service for registration of marriage. However, it was not about registration in the news, but about the recognition of the already concluded marriage. Later, specialists of the Ministry of Internal Affairs, the branches of which can be recognized in the Ministry of Internal Affairs to recognize the authority to recognize the authority of the Ministry of Internal Affairs. Rain explains how men managed to achieve their marriage in Russia.

Why in Russia it is impossible to conclude same-sex marriage?

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 the Union of Men and Women.

Article 12 of the Code shows several conditions for marriage: the mutual voluntary consent of the man and women entering into marriage, and the achievement of their marriage age. On the question of same-sex marriages in the Moscow registry office, the law was replied that the law proceeds from the formulation of the "Consent of Men and Women".

The same wording is indicated in the 1st article: "Regulation of family relations is carried out in accordance with the principles of the voluntaryness of the marriage union of men and women."

In a separate, 14 article, the Family Code is written that marriage cannot be concluded between relatives, with the adopter, and also, if one of the people is already married or recognized by the court incapacitated due to mental disorder. Marriages in Russia registers management of civil records of civil status (registry office).

If the marriage is enclosed abroad?

On the official website of the Moscow registry office, it is said that according to the Russian law, it is not necessary to repeated marriage concluded abroad, it is recognized as valid.

Screenshot of the management of the civil status of the city of Moscow on the site of Moscow Mayor

Thus, a marriage enclosed abroad, register in Russia, is not necessary - it must be recognized, explains the member of the Moscow board of lawyers Margulis, Larionov and Partners, Marina Larionova.

The parties must arrange documents and translate them. Documents on the conclusion of marriage in another country with an apostil party should provide in MFC, describes a lawyer's procedure. Apostille is a form of certification of documents, which is approved by the Hague Convention, a member of which Russia has since 1992.

In the background mayor of Moscow, the rain also answered that in order to put a stamp into the passport, it is not necessary to contact the registry office, but it is enough to contact the Department of the UFMS in the MFC at the place of residence. The press service of the IFC, speaking with a refutation, stated that the stamps in the passport are stamped by employees of the Ministry of Internal Affairs, the separation of which can be located on the territory of the center of the State Service. At the time of publication, the notes in the Ministry of Internal Affairs did not respond to the rain request.

In Russia, there is a single base that contains information about all registered marriages. The couple will fall into it, when appropriately decorated documents of a foreign state. A stamp in the passport is placed as proof that the couple is now in the database, and in order for all other organs to take a passport from a person, Larionov explains.

Is it possible to recognize any marriage so much?

This issue is not sufficiently settled, explains Larionov. "When the Family Code was taken, the question of same-sex marriages was not so acute, and there was no" fashion "to marry outside of Russia," she points out.

The recognition of the marriage concluded abroad is governed by a separate article of the Family Code. Such marriages are recognized in Russia with valid if "there are no circumstances provided for by 14 articles that impede the conclusion of marriage." The fact that the spouses of the same sex are not treated in this article. This creates a legal conflict, the lawyer explains.

Can this marriage be canceled?

If a contradiction arises in the law, the stakeholders may apply to the court in order to recognize marriage invalid.

"We have no case law. The only authority that may give official interpretations is the Supreme Court, "explains Larionov. The Supreme Court tends to explain in connection with the incoming concrete business, having studied which he gives interpretation, it adds.

You can contact the Supreme Court, having exhausted all other ways of appealing in the subordinate instances, explains Larionov. According to her, a person who filed a lawsuit will have to prove why he is interested.

Also, the amendments to the law can offer the parliamentary party, and after reading they can be approved by the State Duma. Despite the fact that the law does not have the inverse force, the legislators can register in the amendments that they extend to the already concluded marriages, reasoning Larionov.

To change the Family Code, the adoption of the law at the federal level is needed, and this long and cumbersome procedure adds a lawyer. "Predict how much time it will take, it is impossible. Even if someone now turns out, the procedure may take months or even years, "she concludes. In the State Duma, check "Lazeka" to recognize same-sex marriages.

Photo: Anatoly Zhdanov / Kommersant

Yesterday in San Francisco, the court canceled the previously introduced ban on same-sex marriages in California. The prohibition known as the law 8 (or the Californian act on the protection of marriage), stated that "only a marriage between a man and a woman is recognized in California." The corresponding decision on the abolition of the ban accepted the main district judge Von Walker, so satisfying the suit of two gay couples, arguing that the ban on marriage violates their civil rights.

In several states of the United States, the constitutionality of the 1996 marriage protection act was challenged, Washington and Mexico house legalized same-sex marriages in March last year, and on July 15, Argentina became the first country of Latin America, preclusted same-sex marriages.

This issue contains photographs of recently married single-sex couples in different countries of the world.

(Total 26 photos)

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1. Argentine actor Ernesto Larresa (right) and his partner - actor-entrepreneur Alejandro Vannelly - kiss after the marriage ceremony in Buenos Aires on July 30. Larrest and Vannelly became the first gay couple, married in the capital of Argentina, after the President of Christina Fernandez signed the law on same-sex marriages, July 21. (Juan Mabromata / AFP / GETTY IPAGES)

2. Actor Ernesto Rodriguez Larresse (left) and Alejandro Wannelli hold each other by his hands after the wedding in Buenos Aires on July 30. (AP Photo / Natacha Pisarenko)

3. José Louis David Navarro and Miguel Angel Calebatho show their marriage certificate in Frias, Argentina, 1100 km north-west of the capital, July 30. Navarro and Calebato got married in Argentina after the entry into force of the law on same-sex marriages, signed by the President on July 21. (AP PHOTO / EUGENIO ADORNI)

4. Chilean single-sex couple of Georgio Noonno (left) and High East poses with their wedding rings in Mendoza, Argentina, July 31. (Juan Mabromata / AFP / GETTY IPAGES)

5. Women's couple drinks on Brucext in front of his wedding cake on Valentine's Day on February 14 in Lima, Peru. The wedding was organized by the local community of gays to raise the issue of the illegality of same-sex marriages in Peru. (Reuters / Enrique Castro-Mendivil)

6. Phillip Dongham (left) from Washington and his partner Alain Pittinger hugging on arrival at the Supreme Court to obtain a marriage certificate, after the legalization of same-sex marriages in District of Columbia on March 3. Dongham and Pittinger were together for nine years. Probably almost any wedding photographer in Moscow dreams of making a similar frame. (AP Photo / Jacquelyn Martin)

7. Darlyn Garner (left) hugs his partner Candidi Holmes, who cries, having received their marriage certificate, on March 3 - on the first day of entry into force of the law, legalizing same-sex marriages in District Columbia. (AP PHOTO / JACQUELYN MARTIN)

8. Jonathan Howard kisses his partner Gregory Jones (right) after submitting an application for marriage in Washington's registry office on March 3. ALEX WONG / GETTY IMAGES)

9. The priest Duane Johnson is married Darlin Garner and Candy Holmes (right) on March 9th. ALEX WONG / GETTY IMAGES)

10. Reginald Stanley (right) hugs Rocky Gallowee after the marriage ceremony in Washington on March 9. On the right of Cherry McCoy holds one of the daughters of the twins same-sex couple. A couple of days before the wedding, they were very long and touching the wheelchair online store. (AP PHOTO / JACQUELYN MARTIN)

11. Rick Imirovich (left) and his husband Terrence Helsh hold hands after the marriage ceremony on March 9 in Washington. ALEX WONG / GETTY IMAGES)

12. Signola Townsend (left) burst into a wedding with his partner Angelisa Young on March 9 in Washington. ALEX WONG / GETTY IMAGES)

13. Aisha Mills and Daniell Moody (left) came to receive a marriage certificate in Washington on March 3. ALEX WONG / GETTY IMAGES)

14. Lol Ken Kastanda (sits) and her partner Judith Vassez embrace in the bedroom in Mexico City on March 10. Castaneda and Vassez - one of the first same-sex couples who decided to get married when the law on same-sex marriages would take into force in December. The law adopted after the voting of left-sided parties will complement the existing law allowing civil marriage between same-sex marriages. It gives gays and lesbians more rights, including the right to adoption. (Reuters / Eliana Apoonte (Mexico - Tags: Politics Society)

15. Lol Kene Kastanda stands next to his wedding dress during an interview for the agency in Mexico City on March 9. Castaneda and her partner Judith Vassez - the first women married to Mexico on March 11, 2009. (Luis Acosta / AFP / GETTY IPAGES)

6. Judith Vassez (left) and her partner Lol Kin Castaneda kiss before being sent to the Meri in March 11. (Reuters / Eliana Apoonte)

17. Lesbian couple of Emma (left) and Jenis (right) keep their daughter during the filing of a marriage statement in Mexico City on March 4. (AP PHOTO / GREGORY BULL)

18. Heima Lopez (right) wipes sweat from his forehead of her husband David Gonzalez after the wedding ceremony in Mexico City on March 11. (AP Photo / Alexandre Meneghini)

19. Tehistokles (left) and his partner Daniel celebrate its wedding in Mexico City on March 11. (Reuters / Daniel Aguilar)

20. Eva and her partner Silvia (left) celebrate the official marriage of Benito Juarez monument in Mexico on March 14. These two were part of a group of 10 same-sex couples, married in Mexico City, which removed the bans on same-sex marriages. (Reuters / Eliana Apoonte)

21. A couple kisses the Mayor's Hall of Mexico on March 4. The same-sex couples lined up to associate themselves for marriage after the relevant law entered into force. (Reuters / Claudia DAUT)

22. José Maria di Belo (left) Dresses a ring on the finger of his future husband Alex Freira in Ushuaye, South Argentina, December 28, 2009. (AP Photo / Government of Tierra Del Fuego)

23. Felishia Harley (right) and Jessica Miller are waiting for the beginning of the wedding group ceremony in Washington on March 20. The ceremony took part 10 same-sex couples. ALEX WONG / GETTY IMAGES) 26. Wedding cake and champagne at the Portuguese Parliament building in Lisbon on January 8, after the adoption of the law on the resolution of same-sex marriages. (AP Photo / Armando Franca)