Same-sex marriage in Portugal

Same-sex marriage has been legal in Portugal since June 5, 2010. This means that two people who love each other, regardless of their gender, can get married just like any other couple. The idea to allow same-sex marriage was introduced by the government led by Prime Minister José Sócrates in December 2009. After discussions and votes in the country's parliament, called the Assembly of the Republic, the law was approved in February 2010.

The highest court in Portugal, the Portuguese Constitutional Court, checked the law and said it was okay in April 2010. Then, President Aníbal Cavaco Silva officially signed the law on May 17, 2010. This made Portugal the sixth country in Europe and the eighth in the whole world to allow same-sex marriage everywhere in the country. The law was published in a special government book called the Diário da República on May 31 and started being used on June 5, 2010.

Before same-sex marriage was allowed, Portugal had another way for couples who were not married to get some of the same rights. This was called a de facto union and started in 2001. Many people in Portugal support allowing same-sex marriage, according to polls.

Background

De facto unions

Main article: De facto union in Portugal

In Portugal, couples who live together without being married can have many of the same rights and benefits as married couples. This is called a de facto union. In 2001, the law was changed to allow both opposite-sex and same-sex couples to form these unions.

Constitutional Court ruling

In 2006, a couple asked to get married, but were told no because they were the same sex. They believed this was unfair and took their case to a special court. After some time, the court decided that the rules about marriage needed to be changed by the government's lawmakers, not the court.

Legislative action

2008 bills

Two proposals to allow same-sex marriage were made to Parliament on 10 October 2008. These proposals were put forward by the Left Bloc and the Green Party. However, both were turned down by Parliament because the ruling Socialist Party and the opposing Social Democratic Party did not support them.

Passage of legislation in 2010

Prime Minister José Sócrates announced on 18 January 2009 that, if his party won the elections in September 2009, he would introduce a plan to let same-sex couples marry. Although this plan did not include allowing adoption, many groups supporting equal rights for everyone welcomed it as an important step forward.

In May 2009, many people in Portugal started a movement calling for the right of same-sex couples to marry. Famous people like writer José Saramago and the Mayor of Lisbon, António Costa, supported this movement. After the elections, Prime Minister Sócrates confirmed that his party would work to make same-sex marriage legal.

In November 2009, one member of Parliament asked for a public vote on this issue, but the Prime Minister and others said no. In December 2009, the government officially approved the plan to allow same-sex marriage. In January 2010, Parliament voted and approved the plan with many votes in favor.

The plan then went to the highest court to check if it followed Portugal’s rules. In April 2010, the court decided it was okay. On 17 May 2010, the President signed the plan into law. The law officially started on 5 June 2010. That day, two women became the first same-sex couple to marry in Portugal, in Lisbon. The first same-sex marriage in the Azores happened later, on 29 August 2010, on Terceira.

Adoption and parenting

In February 2012, Parliament turned down plans that would allow married same-sex couples to adopt children. In May 2013, another plan was also turned down. However, later that month, Parliament agreed that a married same-sex couple could adopt their partner’s child, but this plan was turned down again in March 2014.

In January 2014, Parliament decided to ask people to vote on whether same-sex couples should be allowed to adopt, but the highest court said this was not allowed.

In November 2015, Parliament approved plans to allow same-sex couples to adopt. However, the President turned down the plan in January 2016. Parliament disagreed with the President and overrode his decision. The new law allowing same-sex couples to adopt officially started on 1 March 2016.

Marriage statistics

By June 2011, one year after same-sex marriage became legal in Portugal, about 380 such marriages had taken place. The number of marriages in 2020 was lower than in earlier years because of restrictions due to the COVID-19 pandemic.

Religious performance

Many religious groups in Portugal do not support marriages between people of the same sex. The Catholic Church was against the law allowing such marriages. Even though Portugal is a country that does not favor any particular religion, its history with the Catholic Church made discussions about this law more intense.

In 2023, an important document was shared that allowed Catholic priests to offer blessings to couples who are not married in the traditional way by the church, including couples of the same sex. This caused some debate among Catholic leaders.

Public opinion

A survey from 2008 showed that 42% of people in Portugal supported marriages between people of the same sex. By 2023, support had grown to 81%, with most people thinking marriages between people of the same sex should be allowed across Europe. Younger people and those without strong religious ties were more likely to support these marriages.