Amid fears that the Supreme Court is going to repeal Roe v. Wade, there are concerns that the landmark Obergefell v. Hodges same-sex marriage decision may be the next to go under the conservative Court. In response, states are taking action to codify same-sex marriage rights in case Obergefell is overturned. Meanwhile, laws ensuring same-sex marriage recognition are being enacted across the globe. 

New Jersey

New Jersey signed into law same-sex marriage on January 10, 2022, after the law passed through both chambers of the legislature. Governor Phil Murphy said in a statement, “New Jersey is stronger and fairer when every member of our LGBTQ+ family is valued and given equal protection under the law.” 

Marriage equality had existed already in New Jersey as a result of state and federal court decisions. However, passing a law codifying same-sex marriage recognition signals the commitment of the New Jersey legislature to giving married gay and lesbian couples the full benefits of being married, no matter what the Supreme Court may decide to do in regards to Obergefell. 

West Virginia

Inspired by New Jersey’s work in ratifying same-sex marriage, the only two out LBGTQ+ members of West Virginia’s legislature — Del. Cody Thompson and Del. Danielle Walker — have said that they will be introducing a similar bill in January 2022. Gay marriage is legal in West Virginia due to Bostic v. Schaefer but has not yet been written into law.

Del. Thompson said in a statement, “A lot of things that we take for granted right now, that we think are enshrined and are safe, ultimately now we’re realizing are not safe and are not necessarily always going to be there for us unless we remain vigilant.” 

Europe

Nearly half of Europe has legalized same-sex marriage, with the Netherlands becoming the first country in the world to ratify it in 2001. Belgium, Spain, Norway and Sweden rounded out the decade. In the 2010s, Iceland, Portugal, England, Wales, France, Luxembourg, Scotland, Finland, Ireland, Greenland, Malta, Germany, Austria and Northern Ireland all codified gay marriage. In 2022, Switzerland will join the marriage equality movement on July 1st. 

Latin America

Argentina led the Latin American gay marriage movement in 2010, followed by Brazil and Uruguay in 2013, Colombia in 2016, Ecuador in 2019, Costa Rica in 2020 and Chile in 2021. Chile’s law goes into effect on March 10, 2022.  

Oceania

New Zealand was the first Oceanic nation to allow same-sex marriages, enacting laws to that effect in 2013. Australia didn’t follow suit until 2017, after a 13-year pitched battle.  

Africa

One of the earlier adopters of marriage equality, in 2006, South Africa remains the only African nation to allow same-sex marriage. It is illegal in South Africa to discriminate against the LBGTQ+ community. Unfortunately, homosexuality is still illegal in 32 of the 54 nations of Africa. Of those 32, four countries allow for the death penalty as punishment. 

Asia

Taiwan is currently the only country in Asia that permits gay marriage, having legalized it in 2019. However, in March of 2021, a court in Sapporo, Japan, ruled that the ban on same-sex marriage was unconstitutional. Tokyo Gov. Yuriko Koike announced that in fiscal year 2022 a same-sex partnership system would be introduced. Many hope that this policy enacted in the nation’s capital will lead to similar legislation being taken up for the whole country.

Sadly, it’s illegal to be gay in 24 of the 48 countries in Asia. In eight of those nations, homosexuality can be punishable by death.  

North America

Almost every nation in North America has legalized same-sex marriage, with some Mexican states still invalidating the country’s supreme court ruling that it’s unconstitutional to deny a same-sex marriage license. However, all states in Mexico are required to recognize gay marriages that have been performed in states where it is legal.