Recognition of same-sex unions in Venezuela
Venezuela does not recognize same-sex unions.[1][2][3]
Constitution
The Constitution of Venezuela enacted in 1999 defined marriage as a union between a man and a woman, thus constitutionally banning same-sex marriage.[4] However in February 2008, the Supreme Tribunal of Justice ruled in favor a plaintiff who asked for clarity on Article 21 (the article about equality before the law) and 77 (the article about marriage). The plaintiff argued that the sentence is unclear and does not determine the possibility of recognition of economic and social rights for same-sex couples. Furthermore the plaintiff asked whether same-sex couples have the rights mentioned above and what is the scope of these rights: property in case of a dissolution of the couple by separation or death, the legal obligations of mutual assistance, the right to adoption, the benefits of social security as a couple, protection against domestic violence, the possibility of acquiring the nationality of the partner, among others.[5] Subsequently Article 77 was amended and marriage defined as the following:[6]
Marriage, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected.
A stable de facto union that has all the rights of marriage is however only available to a man and a woman as currently defined in Venezuela's Constitution:[6]
A stable de facto union between a man and a woman which meets the requirements established by law shall have the same effects as marriage.
Court challenges
The same-sex related Non-Governmental Organization (NGO) Unión Afirmativa (Affirmative Union) submitted in 2003 an Appeal to the Supreme Court for legal recognition of economic rights (pensions, inheritance, social security, common household, etc.) for same-sex partners. The ruling, issued on February 28, 2008 indicated that "same sex partners enjoy all of the rights, civil, political and economic, social and cultural rights- have not such "special protection" which could be binding for the Venezuelan state, in the same terms than married couples have. The ruling indicated that the National Assembly "could" (but was not bound to) legislate in order to protect such rights for same-sex partners.[7]
In January 2015 a lawsuit for the right to marry was filed before the country's Supreme Court.[8]
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Legislative action
On March 20, 2009, National Assembly member Romelia Matute announced that the Assembly would legalize same-sex unions and recognize them as asociaciones de convivencia (association by cohabitation).[9] However, later in the same month, Marelys Pérez—chairperson of the Family, Women and Youth Commission—announced that no such action would be taking place; adding that although the Commission would debate the same-sex partnership initiative, it would be excluded from the current bill and likely wait for its inclusion into a future Civil Code reform or a future updated anti-discrimination measure.[10]
The changes to the law were postponed multiple times until May 2013, during a debate on a Civil Code reform bill in which LGBT activists submitted a proposal seeking to legalize same-sex marriage. As of February 2015 it is yet to be debated.[11]
Public opinion
According to Pew Research Center survey, conducted between November 8, 2013 and February 12, 2014, 28% of Venezuelans supported same-sex marriage, 61% were opposed.[12][13]
See also
References
- ↑ Venezuela: Situation and treatment of homosexuals; recourse available to those who have been harassed based on their sexual orientation (2004 - February 2006)
- ↑ Venezuela's sexual revolution
- ↑ Venezuela’s Sexual Revolution Within the Revolution
- ↑ "Constitución de la República Bolivariana de Venezuela" (PDF) (in Spanish). Retrieved 14 April 2016.
- ↑ cite web|url=http://historico.tsj.gob.ve/decisiones/scon/Noviembre/1739-121108-2008-03-2630.html |title=SALA CONSTITUCIONAL Magistrado Ponente: PEDRO RAFAEL RONDÓN HAAZ |publisher=EL TRIBUNAL SUPREMO DE JUSTICA |date=February 28, 2015}}
- 1 2 "Constitution - Title III: Duties, human rights, and guarantees (Art. 19-135)". Venezuelanalysis.com. Retrieved 14 April 2016.
- ↑ Gay Politics in Venezuela
- ↑ Piden al TSJ modificar el Código Civil para permitir matrimonio igualitario
- ↑ Venezuela: Same-sex partnerships on fast track to being legally recognized, says legislator
- ↑ Same-Sex Unions Not On the Table After All?
- ↑ (Spanish) El Tiempo. En busca del matrimonio gay en Venezuela. Retrieved 13 January 2014.
- ↑ Religion in Latin America Chapter 5: Social Attitudes
- ↑ Religion in Latin America Appendix A: Methodology
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