Recognition of same-sex unions in South America
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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 |
2010[2] | 43,590,400 |
 Brazil |
2013[3] | 205,574,000 | |
 Colombia |
2016[4] | 48,509,200 | |
 Uruguay |
2013[5] | 3,480,222 | |
| Subtotal | — | — | 301,153,822 (72.1% of the South American population) |
| Other type of partnership (2 countries) |
 Chile |
2015[6] | 18,191,900 |
 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 |
— | 746,900 |
 Peru |
— | 31,488,700 | |
 Suriname |
— | 534,189 | |
 Venezuela |
— | 31,648,930 | |
| Subtotal | — | — | 64,418,719 (15.2% of the South American population) |
| Constitutional ban on marriage (3 countries) |
 Bolivia |
2009[8] | 10,985,059 |
| Ecuador |
2008[7] | 16,278,844 | |
 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 |
2013 | |
| No recognition (1 jurisdiction) |
 United Kingdom |
— | |
Future legislation
Marriage
Government proposals or proposals with a parliamentary majority
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
- LGBT rights in the Americas
- Recognition of same-sex unions in Europe
- Recognition of same-sex unions in North America
- Recognition of same-sex unions in Oceania
References
- ↑ Ottosson, Daniel (May 2012). "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian and Gay Association (ILGA). Retrieved 2013-05-07.
- ↑ (Spanish) Ley 26.618
- ↑ (Portuguese) DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013
- ↑ "Histórico: Colombia tiene matrimonio homosexual". El Tiempo. 7 April 2016.
- ↑ (Spanish) Ley Nº 19.075 MATRIMONIO IGUALITARIO
- ↑ (Spanish) Ley número 20.830. - Crea el Acuerdo de Unión Civil
- 1 2 (Spanish) Constituciones de 2008
- ↑ "Constitución Política del Estado (CPE) (7-Febrero-2009)" (in Spanish). Infoleyes. Retrieved September 15, 2012.
- ↑ "Paraguay – Constitution". Retrieved 2010-10-15.
- ↑ Erlanger, Steven (18 May 2013). "Hollande Signs French Gay Marriage Law". The New York Times. Retrieved 23 July 2015.
- ↑ "El proyecto de ley de matrimonio igualitario llega al Parlamento de Chile". Cáscara Amarga. 2014-12-11. Retrieved 2014-12-11.
- ↑ Chilean government to end opposition to same-sex marriage (Washington Blade - February 18 2015)
- ↑ Vanderbildt University. Support for Same‐Sex Marriage in Latin America. Retrieved 7 April 2013.
- ↑ Data can be obtained in this link.
- ↑ Most Argentineans Support Same-Sex Marriage
- ↑ (Portuguese) Evolução: 50% da população brasileira aprova o casamento gay, diz pesquisa
- ↑ Quase 60% dos brasileiros são a favor de adoção de crianças por gays
- ↑ http://plazapublica.cl/wp-content/uploads/658799.pdf
- ↑ (Spanish) Los habitantes de Bogotá aprueban el matrimonio homosexual, según encuesta
- ↑ Paraguay: Encuesta revela que solo el 10% de la población está a favor del matrimonio homosexual
- ↑ (Spanish) ESTUDIO DE OPINIÓN PÚBLICA A NIVEL PERÚ URBANO - Informe de resultados - (5 al 9 de agosto de 2010)
- ↑ Más de la mitad de los uruguayos está a favor de la autorización del matrimonio homosexual
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