Recognition of same-sex unions in South America
|Legal status of same-sex unions|
* Not yet in effect
Currently 6 of the 12 sovereign counteries in South America recognize some type of same-sex unions. Same-sex marriage is currently legal in Argentina, Brazil and Uruguay. An additional three countries have a form of civil union or registered partnership, namely Chile, Colombia and Ecuador. South America was the first continent in the world to have a majority of its inhabitants living in a jurisdiction that afforded same-sex couples the right to marry.
|Status||Country||Legal since||Country population
(Last Census estimate 2015)
(60.5% of the South American population)
|Other type of partnership
(19.9% of the South American population)
(80.4% of the South American population)
(15.2% of the South American population)
|Constitutional ban on marriage
(8.1% of the South American population)
(23.3% of the South American population)
|Other type of partnership
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. 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.
Colombia The same-sex marriage issue will now once again come before the Constitutional Court and a hearing was scheduled for 7 May 2015. The hearing was postponed as some judges were not present and a new hearing open to the public happened on 30 July 2015. In May 2015, Colombian Interior Minister Juan Fernando Cristo announced the Colombian Government's support for a move to recognise same-sex marriage. He made the statement the day after a multi-country same-sex couple began an unprecedented legal battle to have their 2013 marriage (registered in Spain) recognised in Colombia.
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. A series of polls conducted in 2012 by Vanderbilt University throughout Latin America found the following levels of support for same-sex marriage:
- 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%
- 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. 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.
- Chile: A September 2015 nationwide poll found that 60% of Chileans support marriage between same-sex couples, while 44% support same-sex adoption.
- 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.
- 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%.
- 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%
- 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.
- 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
- 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
- (Spanish) Ley Nº 19.075 MATRIMONIO IGUALITARIO
- (Spanish) Ley número 20.830. - Crea el Acuerdo de Unión Civil
- Decision C-029 of 2009
- (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)
- Corte Constitucional iniciará discusión que anula matrimonios de parejas del mismo sexo
- Colombia: en unos 30 días se conocerá fallo matrimonio gay
- "Colombian Government Expresses Support for Gay Marriage". The New Indian Express. 15 May 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
- (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