Recognition of same-sex unions in South America

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Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Unrecognized or unknown
  Same-sex marriage banned
  Same-sex sexual activity illegal
Legal status of same-sex unions
Marriage
Performed
Recognized
  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect
LGBT portal

Debate has occurred throughout South America over proposals to legalize same-sex marriage as well as civil unions.

Currently 6 of the 12 sovereign countries in South America recognize some type of same-sex unions. Same-sex marriage is currently legal in Argentina, Brazil, Colombia and Uruguay. An additional two countries have a form of civil union or registered partnership, namely Chile and Ecuador. South America was the first continent to have a majority of its inhabitants living in a jurisdiction that afforded same-sex couples the right to marry.

Sex between women is legal in the entire region, while sex between men is illegal only in Guyana,[1] not to be confused with French Guiana.

Current situation

National level

Status Country Legal since Country population
(Last Census estimate 2015)
Marriage
(4 countries)		 Argentina Argentina 2010[2] 43,590,400
Brazil Brazil 2013[3] 205,574,000
Colombia Colombia 2016[4] 48,509,200
Uruguay Uruguay 2013[5] 3,480,222
Subtotal — — 301,153,822
(72.1% of the South American population)
Other type of partnership
(2 countries)		 Chile Chile 2015[6] 18,191,900
Ecuador Ecuador 2008[7] 16,278,844
Subtotal — — 34,470,744
(8.3% of the South American population)
Total — — 335,624,566
(80.4% of the South American population)
No recognition
(4 countries)		 Guyana Guyana — 746,900
Peru Peru — 31,488,700
Suriname Suriname — 534,189
Venezuela Venezuela — 31,648,930
Subtotal — — 64,418,719
(15.2% of the South American population)
Constitutional ban on marriage
(3 countries)		 Bolivia Bolivia 2009[8] 10,985,059
Ecuador Ecuador 2008[7] 16,278,844
Paraguay Paraguay 1992[9] 6,854,536
Subtotal — — 34,118,439
(8.1% of the South American population)
Total — — 98,537,158
(23.3% of the South American population)

Sub-national level

Status Country Jurisdiction Legal since
Marriage
(1 jurisdiction)		 France France 2013
No recognition
(1 jurisdiction)		 United Kingdom United Kingdom —

Future legislation

Marriage

Government proposals or proposals with a parliamentary majority

Chile Chile On 10 December 2014, a group of senators from various parties joined LGBT rights group MOVILH in presenting a bill to allow same-sex marriage and adoption to Congress.[11] On 17 February 2015, lawyers representing the Government and the LGBT rights group MOVILH met to discuss an amicable solution to the same-sex marriage lawsuit before the Inter-American Commission Of Human Rights. The Government announced that they would drop their opposition to same-sex marriage. A formal agreement will be signed in April and the case will still continue according to MOVILH's lawyer who stated that the lawsuit will live on until Chile enacts the law.[12]

Public opinion

Public support for same-sex marriage varies from country to country. Polls have found support to be higher between younger people, women, city inhabitants and people with a higher education level.[13] A series of polls conducted in 2012 by Vanderbilt University throughout Latin America found the following levels of support for same-sex marriage:[14]

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Other polls

  • Argentina: A November 2009 poll conducted in the six biggest cities of Argentina found support for same-sex marriage at 63.3%, opposition was at 23.1%[15]
  • Brazil: A July 2012 nationwide poll revealed that 50% of Brazilians were in favor of the Supreme Court decision that expanded civil unions to same-sex couples. Women, younger people and Catholics were more in favor of gay marriage then the rest of the country.[16] Another poll released in March 2013 showed that 47% of the population was in favor of same-sex marriage, while 57% of Brazilians were in favor of same-sex couples adopting children.[17]
  • Chile: A September 2015 nationwide poll found that 60% of Chileans support marriage between same-sex couples, while 44% support same-sex adoption.[18]
  • Colombia: A poll conducted between December 2009 and January 2010 in Colombia's capital, Bogota, showed that 63% of the city's population was in favor of legalizing same-sex marriage while 36% was against it.[19]
  • Paraguay: A poll conducted by a Christian Newspaper after the approval of same-sex marriage legislation in Argentina showed support for same-marriage at 10% and opposition at 76%.[20]
  • Peru: In August 2010, a poll revealed 21.3% of Peruvians approved same-sex marriage, 71.5% were against it. Support in younger people was higher at 31.9%[21]
  • Uruguay: A nationwide poll conducted in November 2011 found support for same-sex marriage at 52%, while only 32% of the population was against it.[22]

See also

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ (Spanish) Ley 26.618
  3. ↑ (Portuguese) DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ (Spanish) Ley Nº 19.075 MATRIMONIO IGUALITARIO
  6. ↑ (Spanish) Ley número 20.830. - Crea el Acuerdo de Unión Civil
  7. ↑ 7.0 7.1 (Spanish) Constituciones de 2008
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Chilean government to end opposition to same-sex marriage (Washington Blade - February 18 2015)
  13. ↑ Vanderbildt University. Support for Same‐Sex Marriage in Latin America. Retrieved 7 April 2013.
  14. ↑ Data can be obtained in this link.
  15. ↑ Most Argentineans Support Same-Sex Marriage
  16. ↑ (Portuguese) Evolução: 50% da população brasileira aprova o casamento gay, diz pesquisa
  17. ↑ Quase 60% dos brasileiros são a favor de adoção de crianças por gays
  18. ↑ http://plazapublica.cl/wp-content/uploads/658799.pdf
  19. ↑ (Spanish) Los habitantes de Bogotá aprueban el matrimonio homosexual, según encuesta
  20. ↑ Paraguay: Encuesta revela que solo el 10% de la población está a favor del matrimonio homosexual
  21. ↑ (Spanish) ESTUDIO DE OPINIÓN PÚBLICA A NIVEL PERÚ URBANO - Informe de resultados - (5 al 9 de agosto de 2010)
  22. ↑ Más de la mitad de los uruguayos está a favor de la autorización del matrimonio homosexual
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