While few societies have recognized same-sex unions as marriages, the
historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father. Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.
Parenting Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers. Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents. According to scientific literature reviews, there is no evidence to the contrary. Compared to heterosexual couples, same-sex couples have a greater need for
adoption or
assisted reproductive technology to become parents. Lesbian couples often use
artificial insemination to achieve pregnancy, and
reciprocal in vitro fertilization (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it.
Surrogacy is an option for wealthier gay male couples, but the cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships.
Adoption All states that allow same-sex marriage also allow the joint
adoption of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia and Israel, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely the Czech Republic and San Marino.
Transgender and intersex people The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are
transgender, depending on how sex is defined within a jurisdiction. Transgender and
intersex individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity. In the United Kingdom, the
Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate, and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their
legal sex marker corrected was found to be unconstitutional in 2006. In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but was phased out in 2013. In the United States, transgender and intersex marriages was subject to legal complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, as some of them prohibit legal changes of gender.
Divorce In the United States before the case of
Obergefell v. Hodges, couples in same-sex marriages could only obtain a divorce in jurisdictions that recognized same-sex marriages, with some exceptions.
Judicial and legislative There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "
majority rules" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives. In contrast, a
civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction. ==Public opinion==