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Which power allows same-sex marriage

Updated: 8/20/2019
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12y ago

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In most countries, the authority to legalize same-sex marriage is exercised by the legislature. In some countries, the judiciary may order the legalization of same-sex marriage. In some countries, the assent of the chief executive (e.g., president) is required for the legislature to legalize same-sex marriage.

In the United States, Australia, Mexico and many other countries, each individual state or province may legalize or not legalize same-sex marriage, although Federal Laws or the federal courts may either mandate that all states recognize same-sex marriages performed in another state (as has happened in Mexico), or may permit states to refuse to recognize out-of-state same-sex marriages (as has happened in the United States).

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