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Recognition of same-sex unions in Venezuela

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Venezuela does not recognize same-sex unions.[1][2]

In April 2016, the Supreme Tribunal of Justice announced it would hear a case seeking to declare Article 44 of the Civil Code unconstitutional for outlawing same-sex marriage.[3] Proposals allowing for either civil unions or marriage for same-sex couples are currently being debated in Parliament.

Constitution

Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR advisory opinion
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

The Constitution of Venezuela, adopted in 1999, defines marriage as a union between a man and a woman, thus constitutionally banning same-sex marriage.[4] In February 2008, the Supreme Tribunal of Justice (Spanish: Tribunal Supremo de Justicia) ruled in favor of Unión Afirmativa (Affirmative Union), a group advocating for same-sex marriage, who had asked for clarity on Article 21 (the article about equality before the law) and Article 77 (the article about marriage).[5] They argued that the sentence is unclear and does not determine the possibility of recognition of economic and social rights for same-sex couples. Furthermore, they 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. The Court ruled that the National Assembly "could" (but was not bound to) legislate in order to protect such rights for same-sex partners. The Court ruled that the Constitution does not prohibit same-sex de facto unions, but also does not require their recognition.[6]

Article 77 of the Constitution reads as follows:[7][8][9]

Marriage between a man a woman, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected. 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.[a]

In January 2015, a lawsuit for the right to marry was filed before the country's Supreme Court.[11][12][13] On 28 April 2016, the Supreme Court announced it would hear the case. The lawsuit seeks to declare Article 44 of the Civil Code unconstitutional because it states that marriage is only legally valid between a man and a woman in Venezuela.[13][3][14] In January 2017, LGBT activists in Venezuela began collecting signatures in support of same-sex marriage in various cities throughout the country.[15]

According to reports published in February 2018, six of the seven Supreme Court judges support same-sex marriage, Judge Calixto Ortega being the exception.[16]

On 15 August 2016, a Venezuelan citizen and his American husband, Carlos J. Holder Wendell and Patrick A. Holder Wendell, filed a lawsuit in the U.S. District Court of Massachusetts against the Venezuelan Government for their failure to register and recognize their legal marriage after multiple requests and petitions to the Venezuelan Consulate in Boston and Consul General Rosalba Gil. Their lawsuit alleges that the Venezuelan Government's refusal to register and recognize their marriage violates the Venezuelan Constitution, the Civil Code and the Vienna Convention on Consular Relations, a treaty to which both the U.S. and Venezuela are a party to.[17][18]

Legislative action

Civil unions

On 20 March 2009, National Assembly MP Romelia Matute announced that the Assembly would legalize same-sex unions and recognize them as asociaciones de convivencia (association by cohabitation).[19] 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.[20] The changes to the law were postponed multiple times.[21]

In June 2016, Venezuela's opposition announced that it would work on a civil union bill. A prominent committee member said that the new law would allow couples to seek some benefits.[22]

It has been widely reported that same-sex civil unions are recognized in the state of Mérida. These reports do not cite any statutory or decisional law to support such recognition.[23]

Marriage

On 31 January 2014, during a debate on a Civil Code reform bill, LGBT activists submitted a proposal seeking to legalize same-sex marriage. The proposal was accompanied with 21,000 signatures as well as support from the governments of the states of Barinas, Falcón, Mérida, Monagas, Táchira, Yaracuy and Zulia.[24] The proposal seeks to alter Article 44 of the Civil Code to allow for same-sex marriages in Venezuela.

In November 2017, President Nicolás Maduro said that "I think everyone should be able to get married, even if they're homosexual" ("Creo que todo el mundo se puede casar, aunque sea homosexual"). In addition, he said that the Constituent Assembly would agree to discuss legalising same-sex marriage.[25][26] In September 2018, Hermann Escarrá, a member of the Constituent Assembly, said that there are discussions in the drafting of the new Constitution of Venezuela to allow same-sex marriage in the country, and that the move has majority support in the Assembly.[27] Discussion of each article of the new Constitution was expected to begin at the end of 2018 or early 2019, though this was postponed due to the presidential crisis.[28]

Public opinion

According to a Pew Research Center survey, conducted between November 8, 2013 and February 12, 2014, 28% of Venezuelans supported same-sex marriage, 61% were opposed.[29][30]

According to the 2014 AmericasBarometer (published in June 2015), 29.6% of Venezuelans were in favour of same-sex marriage.[31]

The 2017 AmericasBarometer showed that 39% of Venezuelans supported same-sex marriage.[32]

See also

Notes

  1. ^ In Spanish: Se protege el matrimonio entre un hombre y una mujer, fundado en el libre consentimiento y en la igualdad absoluta de los derechos y deberes de los cónyuges. Las uniones estables de hecho entre un hombre y una mujer que cumplan los requisitos establecidos en la ley producirán los mismos efectos que el matrimonio.
    In Wayuu: Aa'inmajünajatü sukua'ipa tü kawayuusekaa süka sukua'ipa alijuna, jee müsüja'a shia achekalaainjatü sukua'ipa sümaa wanaawaa aa'in süpüla tü naa'inrajatükaa wayuu napüshua'a ka'wayuuseren. Eere wanee ka'wayuusee anashaanain sukua'ipa laülaain aa'in kajutsüya'asa.[10]

References

  1. ^ Venezuela: Situation and treatment of homosexuals; recourse available to those who have been harassed based on their sexual orientation (2004 - February 2006)
  2. ^ Venezuela's sexual revolution
  3. ^ a b (in Spanish) TSJ admite demanda para anular artículo del Código Civil que impide matrimonio homosexual
  4. ^ "Constitución de la República Bolivariana de Venezuela" (PDF) (in Spanish). Retrieved 14 April 2016.
  5. ^ Gay Politics in Venezuela
  6. ^ "SALA CONSTITUCIONAL Magistrado Ponente: PEDRO RAFAEL RONDÓN HAAZ". EL TRIBUNAL SUPREMO DE JUSTICA. February 28, 2008. Archived from the original on August 19, 2015.
  7. ^ Constitución de la República Bolivariana de Venezuela
  8. ^ "Constitución de la República Bolivariana de Venezuela". psuv.org.ve (in Spanish).
  9. ^ "Constitución de la República Bolivariana de Venezuela". cne.gov.ve (in Spanish).
  10. ^ "Laülaasükaa Pütchi Sulu'u Mmakaa Woliwariaana Wenesueela". docslide.net (in Wayuu). 10 April 2015.
  11. ^ Acción Popular por Inconstitucionalidad del Artículo 44 del Código Civil Venezolano
  12. ^ Piden al TSJ modificar el Código Civil para permitir matrimonio igualitario Archived 2015-04-02 at the Wayback Machine
  13. ^ a b "Más de 12 mil parejas homosexuales venezolanas se beneficiarían con matrimonio igualitario". Alba TV. 5 May 2016.
  14. ^ (in Spanish) Día Mundial contra la Homofobia y la Transfobia en Venezuela aún hay materias pendientes
  15. ^ Demanda Popular de Nulidad por Inconstitucionalidad del Art. 44 del Código Civil
  16. ^ (in Spanish) El Tribunal Supremo de Venezuela busca abrirle las puertas al matrimonio gay
  17. ^ "Holder Wendell v. The Bolivarian Republic of Venezuela (1:16-cv-11649), Massachusetts District Court". www.pacermonitor.com. Retrieved 2016-09-28.
  18. ^ Orecchio-Egresitz, Haven. "Gay Yarmouth Port couple sue to have marriage recognized". Retrieved 2016-09-28.
  19. ^ Venezuela: Same-sex partnerships on fast track to being legally recognized, says legislator
  20. ^ Same-Sex Unions Not On the Table After All?
  21. ^ (in Spanish) El Tiempo. En busca del matrimonio gay en Venezuela. Retrieved 13 January 2014.
  22. ^ (in Spanish) AN promoverá leyes para reconocer unión de personas del mismo sexo
  23. ^ (in Spanish) Legal Recognition of Same-Sex Relationships: Venezuela
  24. ^ Becker, Sabina (29 January 2014). "Equal marriage: coming soon to Venezuela?". News of the Restless.
  25. ^ (in Spanish) Maduro: "Creo que todo el mundo se puede casar, aunque sea homosexual" shangay.com, 20 November 2017
  26. ^ (in Spanish) ¿Está Maduro a favor de legalizar el matrimonio homosexual y despenalizar el aborto en Venezuela? La Sexta, 20 November 2017
  27. ^ "Nueva Constitución podría legalizar el matrimonio gay en Venezuela". El Nacional (in Spanish). 15 September 2018.
  28. ^ Escalona, José (15 September 2018). "En el 2019 se podría legalizar el matrimonio gay en Venezuela". El Impulso (in Spanish).
  29. ^ Religion in Latin America Chapter 5: Social Attitudes
  30. ^ Religion in Latin America Appendix A: Methodology
  31. ^ AmericasBarometer: Topical Brief – June 2, 2015
  32. ^ (in Spanish) CULTURA POLÍTICA DE LA DEMOCRACIA EN LA REPÚBLICA DOMINICANA Y EN LAS AMÉRICAS, 2016/17
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