On 8 January 2018, the Inter-American Court of Human Rights (IACHR) ruled that the American Convention on Human Rights mandates and requires the legalization of same-sex marriage. In South America, same-sex marriage is currently legal in Argentina, Brazil, Chile, Colombia, Ecuador and Uruguay as well as the jurisdictions of French Guiana, the Falkland Islands and South Georgia and the South Sandwich Islands. The British Territories of Bermuda and the Cayman Islands also perform civil partnerships. Furthermore, Aruba, Curaçao, and Sint Maarten recognize same-sex marriages performed in the Netherlands, and Aruba also performs domestic partnerships. Same-sex marriages are also performed in the Dutch territories of Bonaire, Sint Eustatius and Saba, the Danish autonomous territory of Greenland, and in all French overseas departments ( Guadeloupe, Martinique, Saint Barthélemy, Saint Martin and Saint Pierre and Miquelon). Elsewhere in Mexico, same-sex marriages are recognized by all states, and same-sex couples may get married in any jurisdiction via court injunction (" amparo").
In North America, same-sex marriages are recognized and performed in Canada, Costa Rica, the United States, 26 Mexican states, and Mexico City. Recognition of same-sex unions in the Americas is widespread, with a majority of people in both North America and South America living in jurisdictions providing marriage rights to LGBT citizens. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.Unregistered cohabitation or Maitri Karar–type contractual relationships.Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Registered foreign marriages confer limited rights. Neither performed nor recognized in American Samoa or some tribal nations.
Performed in the Netherlands proper, including the Caribbean Netherlands.Performed in Mexico City and statewide in all states except for Durango, Guerrero, México (state), Tabasco and Tamaulipas.