LGBT rights in the Americas: Difference between revisions
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Canada age of consent for non-anal sex now 16 and since 1 march 2008 Homosexuality has been re-legalized in Nicaragua, under a new Criminal Code. |
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||*13 states cover sexual orientation and gender identity, 7 only cover sexual orientation and 30 do not cover either [http://www.hrc.org Human Rights Campaign] [[LGBT rights in the United States]]. |
||*13 states cover sexual orientation and gender identity, 7 only cover sexual orientation and 30 do not cover either [http://www.hrc.org Human Rights Campaign] [[LGBT rights in the United States]] [[LGBT Law in Pennsylvania]]. |
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Revision as of 15:58, 11 March 2008
| Part of a series on |
| LGBTQ rights |
|---|
 |
| Lesbian ∙ Gay ∙ Bisexual ∙ Transgender ∙ Queer |
 LGBTQ portal |
Same sex marriages
Same sex unions
Foreign marriage licenses recognized
Domestic Partnerships
Statute bans Same-Sex Marriage
Constitution bans Same-Sex Marriage
Constitution bans Same-Sex Marriage and Union
Gay Adoption legal
Step-child adoption
Gay Adoption illegal
Unknown/Ambiguous
| Country | Laws against homosexuality | Penalty | Same-sex Unions | Laws against discrimination | Adoption | Comments |
|---|---|---|---|---|---|---|
North America | ||||||
 Anguilla
|
No | - |  No
|
- | - | Anguilla is a British Dependant Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000. |
 Antigua and Barbuda
|
Yes | 15 years | - | No
|
- | British laws are not applied to Antigua & Barbuda, and therefore the Sexual Offenses Act 1995 criminalizing homosexual acts, is enforceable.[1] |
 Aruba
|
No | - | Can not be performed, but is recognized |  Yes
|
Yes
|
The Dutch Government states that as part of the Kingdom of the Netherlands, Aruba is obliged to recognize civil unions and same-sex marriage as valid. However, Aruba cannot perform SSM's, but has to be recognised by order of the Supreme Court in 2007 LGBT rights in Aruba |
 Bahamas
|
No, same-gender sex "in Public" is a 20 year jail sentence and the age of consent "in private" for homosexual sex is 18, 16 for heterosexual sex [2] | - | - | No
|
- | See LGBT rights in the Bahamas. |
 Barbados
|
Yes | Life | - | No
|
- | Laws currently under review - technically still illegal, but not enforced [3]. |
 Belize
|
Yes* | 10 years | - | No
|
- | *Homosexuality re-criminalized from 2003. See [4] and also under section 26 ii (d) of the immigration act 1958, "Any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behavior." is outlawed from incoming to Belize. See [5]. |
 Bermuda
|
No, age of consent 18 just for male-male sex, 16 for others from 1994 [6] - Under review. | - | Considered | Considered* | - | *AD in consideration [7]. |
 British Virgin Islands
|
No | - | No
|
Yes; discrimination on grounds of sexuality is prohibited under the 2007 Constitution |
- | British Virgin Islands is a British Dependant Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000. |
 Canada
|
No, age of consent (The "age of protection" as it is called in Canada) 18 for anal sex under section 159, 16 for all non-anal sex, regardless of sexuality of the participants, from 1988 [8] | - | Same-sex marriage
|
Yes
|
In 8 Provinces and 1 territory [9][10]
|
Anti-discriminatory laws provided by constitution and Egan v. Canada; in all provincial/territorial civil rights codes since Vriend v. Alberta. Common-law marriage since M. v. H., 1999; SSM since Civil Marriage Act, 2005. See LGBT rights in Canada. |
 Cayman Islands
|
No | - | No
|
Yes
|
- | Cayman Islands is a British Dependent Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000. |
 Costa Rica
|
No | - | Considered | Yes*
|
- | *Anti-discrimination law since 1998. See [1]; Same-sex marriages and scandalous sodomy is banned. See LGBT rights in Costa Rica |
 Cuba
|
No | - | - | No
|
- | See LGBT rights in Cuba. |
 Dominica
|
Yes | 10 years | - | No
|
- | From 1995 to 2000, 35 persons were arrested for the crime of buggery [11]. |
 Dominican Republic
|
No | - | - | No
|
- | - |
 El Salvador
|
No | - | No
|
No
|
No
|
It is highly discriminated by society being homosexual making uncomfortable for people to come out |
 Greenland
|
No | - | Yes
|
Yes
|
- | See Civil Union. |
 Grenada
|
Male only | 10 years | - | No
|
- | - |
 Guadeloupe
|
No | - | Pacte civil de solidarité
|
Yes
|
- | Guadeloupe is a '
'Département Français d'Outre-mer, so French Law is in force. See LGBT rights in France. |
 Guatemala
|
No | - | - | Yes
|
- | AD in Youth and Childhood Act since 1997. |
 Haiti
|
No | - | - | No
|
- | See LGBT rights in Haiti. |
 Honduras
|
No | - | - | No
|
- | Same-sex marriages and adoption banned in the Constitution since 2005. See LGBT rights in Honduras. |
 Jamaica
|
Male only | 10 years hard labor | - | No
|
- | Jamaica has been quoted as the worst place in all of the Americas for LGBT people. See LGBT rights in Jamaica. |
 Martinique
|
No | - | Pacte civil de solidarité.
|
Yes
|
- | Martinique is a Département Français d'Outre-mer, so French Law is in force. See LGBT rights in France. |
 Mexico
|
No | - | Civil unions (Mexico City and Coahuila)
|
Yes*
|
- | *Mexican Congress reformed the Constitution in 2001, to forbid discrimination of any kind; in 2003, this change produced the Federal Law to Prevent Discrimination that forbids discrimination by sexual orientation. Civil unions (Mexico City and Coahuila). See LGBT rights in Mexico. |
 Montserrat
|
No | - | No
|
- | - | Montserrat is a British Dependant Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000. |
 Netherlands Antilles
|
No | - | Can not be performed, only recognised | Yes
|
Yes
|
As part of the Kingdom of the Netherlands, civil unions and same-sex marriage are fully recognized as valid, however, they cannot be performed in the Netherlands Antilles themselves. See LGBT rights in the Netherlands. |
 Nicaragua
|
No | - | - | No
|
- | Homosexuality has been re-legalized - With Article 204 abolished under a new Criminal Code since 1 March, 2008. See LGBT rights in Nicaragua. |
 Panama
|
? | ? | - | No
|
- | Unknown if homosexuality is legal or illegal. See LGBT rights in Panama. |
 Puerto Rico
|
No | - | - | Considered* | - | *Civil unions considered and debated. Puerto Rico is a devoutly Christian island, and homosexuality is not practiced openly. See LGBT rights in Puerto Rico. |
 Saint Kitts and Nevis
|
Male only | 10 years | - | No
|
- | - |
 Saint Lucia
|
Male only | Fine-10 years | - | No
|
- | - |
 Saint Vincent and the Grenadines
|
Yes | Fine-10 years | - | No
|
- | - |
 Trinidad and Tobago
|
Yes* | 25 years | No
|
No
|
No
|
*Applies to both men and women. Also under Article 8 (18/1) of the Immigration Act, homosexual men and women are not allowed to enter the country. [12] and LGBT rights in Trinidad and Tobago. |
 Turks and Caicos Islands
|
No | - | No
|
- | - | Turks and Caicos Islands is a British Dependant Territory. Homosexuality between two consenting adults in private was expressly legalised under the Caribbean Territories (Criminal Law) Order, 2000. |
 United States
|
No | - | Civil Unions: Vermont, Connecticut, New Jersey, and New Hampshire. Domestic partnerships: California, Maine, Oregon, Washington, District of Columbia, and Hawaii. Same-sex marriage: Only in Massachusetts.
|
In 20 states*
|
10 states
|
*13 states cover sexual orientation and gender identity, 7 only cover sexual orientation and 30 do not cover either Human Rights Campaign LGBT rights in the United States LGBT Law in Pennsylvania. |
South America | ||||||
| Country | Laws against homosexuality | Penalty | Same-sex Unions | Laws against discrimination | Adoption | Comments |
 Argentina
|
No | - | Civil unions in Buenos Aires City and Rio Negro Province.
|
Yes
|
No
|
There are no national anti-discriminatory laws, however, the cities of Buenos Aires and Rosario have specific laws protecting against gay discrimination. Debating Same sex marriage. See LGBT rights in Argentina. |
 Bolivia
|
No | - | - | No
|
No
|
- |
 Brazil
|
No | - | Civil unions in Rio Grande do Sul.
|
Yes*
|
No
|
*Constitutional protection for sexual orientation in some states of Brazil. See LGBT rights in Brazil. |
 Chile
|
No, age of consent 18 for same-sex sexual activity, 14 for opposite-sex sexual activity. | - | Considered | Considered* | No
|
*AD in consideration. See LGBT rights in Chile. |
 Colombia
|
No | - | some limited rights for same-sex couples
|
Considered* | No
|
*AD in consideration and some limited rights for same-sex couples. See LGBT rights in Colombia. |
 Ecuador
|
No | - | No
|
Yes
|
No
|
Sexual orientation protection under the Constitution and in legislation. See LGBT rights in Ecuador. |
 Falkland Islands
|
No | - | Civil partnership
|
Yes
|
Yes
|
Falkland Islands comes under British law. See LGBT rights in the United Kingdom. |
| French Guiana
|
No | - | Yes Pacte civil de solidarité.
|
Yes
|
No
|
French Law applies. See LGBT rights in France. |
 Guyana
|
Male only* | Life | - | Considered* | No
|
*The only country in South America to be still illegal, with life in prison. *Sexual Orientation protection was about to be amended into the constitution of Guyana, then the council of churches stopped this from happening in 2003 [13]. |
 Paraguay
|
No | - | No
|
No
|
No
|
|
 Peru
|
No | - | - | Yes
|
No
|
National anti-discrimination and protections in legislation for sexual orientation. |
 Suriname
|
No, age of consent 18 for same-sex activity, 16 for opposite-sex activity - Section 302 is rarely enforced [14] | - | No
|
No
|
No
|
See LGBT rights in Suriname. |
 Uruguay
|
No | - | Civil union
|
Yes
|
No
|
Discrimination is outlawed and Civil unions are provided for both same and mixed sex couples [15], [16] and LGBT rights in Uruguay. |
 Venezuela
|
No | - | No
|
Yes
|
No
|
The 1999 Organic labor Law provides protection for LGBT people. See LGBT rights in Venezuela. |
References
- ^ http://www.ilga.org/statehomophobia/With_the_government_in_our_bedrooms_November_2006.pdf
- ^ Gay Bahamas - GayTimes
- ^ Capital Xtra - Gay around the world
- ^ http://www.ilga.org/statehomophobia/With_the_government_in_our_bedrooms_November_2006.pdf
- ^ Gay Belize - GayTimes
- ^ Gay Bermuda - GayTimes
- ^ Gay News From 365Gay.com
- ^ Age of Protection Legislation
- ^ Sexual Orientation and Legal Rights (92-1E)
- ^ Same Sex Couple Adoption: The Situation in Canada and Australia (Research Note 29 1999-2000)
- ^ http://www.ndu.edu/chds/REDES2001/Papers/Block1/Caribbean%20Security%20Panel/George.Caribbean%20Security%20Panel.rtf
- ^ Gay Trinidad And Tobago - GayTimes
- ^ Gina | Government Information Agency | Guyana
- ^ Gay Suriname - GayTimes
- ^ Gay News From 365Gay.com
- ^ Uruguay to Allow Civil Unions - Towleroad, a site with homosexual tendencies