title: Same-sex marriage by Circuit Court
text: # Same-sex marriage by Circuit Court
  
  Part of the LGBT rights series :
  
  Legal status of same-sex unions :
  
  Marriage
  
  Andorra
  
  Argentina
  
  Australia
  
  Austria
  
  Belgium
  
  Brazil
  
  Canada
  
  Chile
  
  Colombia
  
  Costa Rica
  
  Cuba
  
  Denmark
  
  Ecuador
  
  Estonia*
  
  Finland
  
  France
  
  Germany
  
  Iceland
  
  Ireland
  
  Luxembourg
  
  Malta
  
  Mexico
  
  $Netherlands^1$
  
  New $Zealand^2$
  
  Norway
  
  Portugal
  
  Slovenia
  
  South Africa
  
  Spain
  
  Sweden
  
  Switzerland
  
  Taiwan
  
  United $Kingdom^3$
  
  United $States^4$
  
  Uruguay :
  
  Civil unions and registered partnerships
  
  Bolivia
  
  Croatia
  
  Cyprus
  
  Czech Republic
  
  Greece
  
  Hungary
  
  Italy
  
  Latvia
  
  Liechtenstein
  
  Monaco
  
  Montenegro
  
  Netherlands:
  
    • Aruba
  
  San Marino
  
  United Kingdom:
  
    • Bermuda
  
    • Cayman Islands :
  
  Common-law marriage
  
  $Israel^5$ :
  
  Minimal recognition
  
  $Bulgaria^6$
  
  Cambodia:
  
    • 68 communes
  
  $China^7$
  
  $India:^8$
  
    • Chandigarh
  
    • Gujarat
  
    • Haryana
  
    • Kerala
  
    • Odisha
  
    • Punjab
  
    • Tamil Nadu
  
    • Uttarakhand
  
  $Japan^9$
  
  $Lithuania^6$
  
  $Namibia^{10}$
  
  $Netherlands:^2$
  
    • Curaçao
  
    • St Maarten
  
  $Poland^6$
  
  $Romania^{12}$
  
  $Slovakia^6$ :
  
  See also
  
  Same-sex union legislation
  
  Same-sex union court cases
  
  Timeline of same-sex marriage
  
  Recognition of same-sex unions in Africa
  
  Recognition of same-sex unions in Asia
  
  Recognition of same-sex unions in Europe
  
  Recognition of same-sex unions in the Americas
  
  Recognition of same-sex unions in Oceania
  
  Marriage privatization
  
  Divorce of same-sex couples
  
  Domestic partnership
  
  Military policy
  
  Adoption
  
  Listings by country
  
  LGBT rights by country or territory :
  
  Notes
  
  Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  
  Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  
  Neither performed nor recognized in six British Overseas Territories.
  
  Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  
  Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  
  The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  
  Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  
  Unregistered cohabitation or Maitri karar–type contractual relationships, but they are not legally binding.
  
  Some cities and prefectures issue partnership certificates, though not legally formalized.
  
  Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights
  
  Hospital visitation rights through a "legal representative" status
  
  * Not yet in effect :
  
  LGBT portal :
  
  vte :
  
  Prior to the landmark ruling United States v. Windsor, the constitutionality of banning same-sex marriage was upheld by the Eighth Circuit in Citizens for Equal Protection v. Bruning. After the Windsor ruling, many same-sex marriage bans were struck down by lower courts. The Tenth, Fourth, Seventh, and Ninth circuits all ruled that same-sex marriage bans were unconstitutional. The cases that made it to these circuit courts originated in district courts, which for the most part, also struck down same-sex marriage bans. When a circuit court struck down a state's same-sex marriage ban, it did not directly or immediately strike down same-sex marriage bans in other states within the circuit court’s jurisdiction. However, it paved the way for same-sex marriage bans to be struck down in the entire circuit, due to the precedent it set for district courts within the circuit to follow. In some states, same-sex marriage was already legal before their federal circuit court ruled on the matter.
  
  The Sixth Circuit ruled that same-sex marriage bans were not unconstitutional and reversed the district court rulings that struck down same-sex marriage bans. Since this was the only circuit court to rule this way post-Windsor, this created a circuit split which ultimately led to the Supreme Court of the United States deciding to resolve the issue once and for all. The Supreme Court ruled that same-sex marriage bans violate the constitution, in the landmark ruling Obergefell v. Hodges, which was the consolidated case with cases originating from each state in the Sixth Circuit. Some circuit courts have not ruled on the constitutionality of same-sex marriage bans at all. Some circuit courts had pending same-sex marriage cases, but decided to hold off on rendering a decision until the Supreme Court ruled on the matter.
  
  