Same-sex marriage in Bermuda

Part of the LGBTQ 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 Greece Iceland Ireland Liechtenstein Luxembourg Malta Mexico Netherlands[i] New Zealand[ii] Norway Portugal Slovenia South Africa Spain Sweden Switzerland Taiwan Thailand United Kingdom[iii] United States[iv] Uruguay Recognized Israel[v] United States:[iv]  • American Samoa
Civil unions or registered partnerships but not marriage Bolivia Croatia Cyprus Czech Republic Hungary Italy Latvia Lithuania Monaco Montenegro San Marino United Kingdom:  • Bermuda  • Cayman Islands
Minimal recognition Bulgaria[vi] Cambodia[vii] China[viii]  • Hong Kong[ix] India[x] Japan[xi] Namibia[xii] Nepal Netherlands:[i]  • Sint Maarten Poland[vi] Romania[vi][xiii] Slovakia[vi]
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 LGBTQ rights by country or territory
Notes ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in 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. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities. ^ a b c d 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. Some member states, including Romania, do not follow the ruling. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia. ^ Romania provides hospital visitation rights through a "legal representative" status.
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Same-sex marriage is not recognised in Bermuda, but was legal for a period of five years between 2017 and 2022–except between 1 June 2018 and 23 November 2018 when a law banning same-sex marriage was in effect. Same-sex marriage first became legal on 5 May 2017, when the Supreme Court of Bermuda ruled that same-sex couples had a legal right to marry. However, a bill to ban same-sex marriage and establish domestic partnerships as a substitute was passed by the Parliament of Bermuda in December 2017 and went into effect on 1 June 2018.

In response to the renewed ban on same-sex marriage, a court challenge was filed opposing the domestic partnership law. On 6 June 2018, the Supreme Court struck down the parts of the law that banned same-sex marriages, but stayed the ruling while the government appealed to the Court of Appeal. The appeals court upheld the right of same-sex couples to marry when it handed down its ruling on 23 November 2018. The government challenged the Court of Appeal's ruling to the Judicial Committee of the Privy Council, which reversed the appeals court's finding on 14 March 2022, and banned same-sex marriage in Bermuda once again. Same-sex marriages performed before that date remain legally recognised.^[1][2][3] Polling suggests that a majority of Bermudians support the legal recognition of same-sex marriage.^[4]