Partnership certificates worldwide: Where do same-sex couples stand?

Partnership certificates and rights for same-sex couples: The latest updates in Japan

While some countries have legislated same-sex marriage for many years, others are making gradual progress, opting for intermediate steps such as a civil partnership certificate, or "civil union certificate." This is the case in Japan, where municipalities increasingly issue civil partnership certificates. These certificates recognize same-sex couples as "married couples," enabling them to access some rights typically reserved for heterosexual married couples, including housing, social assistance, and health care.

The certificate was first issued in 2015 in Tokyo's Shibuya and Setagaya wards. Tokyo's municipality followed suit in November 2022. According to a June 2023 report by the Shibuya municipality and the Niji Bridge (Rainbow Bridge) association, 328 municipalities now issue civil partnership certificates. The number has rapidly grown since the COVID-19 pandemic. The number of civil unions celebrated follows the same trend, with 5,171 partnerships registered since June 2017.

In May 2024, Omura, located on the island of Kyushu in southern Japan, made headlines by issuing a residency certificate. Last year, the city introduced the civil partnership certificate. This year, they took a further step by granting a residency certificate to a male couple who moved into the town. They had registered as "household head and unregistered spouse," as same-sex marriage is not recognized in Japan. The city hall approved their declaration and accepted their request. However, the Japanese state still does not recognize same-sex marriage.

What is the legal value of a civil union certificate?

The civil union certificate has, at best, limited legal value and, at worst, only symbolic significance. In countries that do not recognize same-sex marriage, the distinction is clear. A same-sex partnership is not a marriage. Thus, a gay couple cannot claim the same rights as a married couple. However, they can access certain rights, typically related to housing, health, and social assistance, as seen in Japan. Countries are still cautious about issues related to inheritance, parenthood, and child education.

Civil Solidarity Pact: Beware of different legislations

Besides the civil partnership certificate, same-sex couples can opt for a civil solidarity pact (PacS in French). The PacS is a contract between two adults, which organizes civil life (housing, taxes, social aids, shared assets). It is established in front of a civil officer (embassy, consulate, city hall, notary). However, the PacS does not affect family names (each keeps their own) or the relationship with children.

Several other countries have established civil unions (PacS) or partnership certificates. However, their recognition depends on the country of residence, especially for couples who choose to move abroad. Moreover, the very definition of PacS varies from one country to another. For instance, Germany only allows PacS for homosexual couples, while France issues it regardless of sexual orientation.

Couples with a PacS planning to relocate overseas should ensure that their union will be recognized in the foreign country. One generally needs to be married to benefit from the same immigration rights as a spouse (for instance, to receive a dependent visa).

Is the civil union certificate a step closer to same-sex marriage?

The Church remains vehemently opposed to same-sex marriage. However, Pope Francis has left a window open by allowing the blessing of same-sex couples. This is not a civil union certificate, much less a form of marriage, but the announcement, made public on December 18, 2023, in an official document, continues to stir debate.

Rome had already said "yes" to same-sex marriage in 2016. At that time, Italy was the only Western European country without any status for gay couples. In January 2016, the then-government (Renzi government) voted a law allowing civil unions for same-sex couples. Issued by a civil officer, the certificate establishes the obligation of moral and material assistance within the couple. It allows the foreign partner to obtain a residency permit, grants visitation rights during hospitalizations, and even allows taking the partner's surname.

Most Western European countries allow civil unions and marriage between same-sex couples. The same policy applies in South Africa (the only African country), Australia, New Zealand, Canada, Argentina, and Brazil.

However, some states maintain a firm separation between civil union and marriage. For instance, in 2006, the Czech Republic established a civil partnership for homosexual couples. The partnership authorizes them to buy joint property, inherit from their partner, or even adopt the partner's children on an individual basis. In April 2024, a reform went even further: starting in 2025, homosexual couples will enjoy most of the rights of married couples, except the right to marry.

Same-sex marriage is in progress

On June 18, Thailand legalized same-sex marriage despite significant tensions within various political parties. The Parliament had already approved the text in March, pending King Vajiralongkorn's endorsement. Thailand thus becomes the first Southeast Asian country to legalize same-sex marriage. Along with Taiwan (East Asia) and Nepal (South Asia), Thailand is the third Asian country to accept gay marriage.

Earlier, on February 15, 2024, Greece also said "yes" to gay marriage. The country has allowed civil unions for homosexual couples since 2015. The number of countries legalizing same-sex marriage increases each year. Since 2021, 10 countries, including Switzerland, Mexico, and Thailand, popular expat destinations, have made the move. Other popular countries (Canada, the United States, and Australia) have recognized same-sex marriage since 2005, 2015, and 2017, respectively.