Recognition of same-sex unions in South America

Recognition of same-sex unions in South America

  Marriage

  Other type of partnership

  Unrecognized

  Same-sex marriage banned

  Same-sex sexual activity illegal

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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	—	—	82,258,314 (19,68% of the South American population)[10]

Sub-national level

Status	Country	Jurisdiction	Legal since
Marriage (1 jurisdiction)	France	French Guiana[11]	2013
No recognition (1 jurisdiction)	United Kingdom	Falkland Islands	—

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.^[12] 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.^[13] On 1 July 2016, the Government announced that it would begin consultations on a same-sex marriage bill in September 2016, with the aim of finalising it by mid-2017.^[14]

Falkland Islands On 13 January 2016, following the public consultation, the Executive Council instructed the Attorney General to prepare the amendment to the Marriage Ordinance in order to allow same-sex marriage.^[15] In September 2016, a report to the Council indicated that revisions to the Family Law may take a further 12 months.^[16]

Non-marital partnership

Government proposals or proposals with a parliamentary majority

Peru On 30 November 2016, a pair of Representatives introduced a civil union bill in the Peruvian Congress. The bill has the support of the recently elected President, who promised to introduce civil unions during the election campaign.^[17]

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.^[18]

Country	Pollster	Year	For	Against
Uruguay	Baròmetro de las Américas por LAPOP	2014	70.6%[19]	-
Chile	Plaza Pùblica	2015	60%[20]	36%[20]
Argentina	Baròmetro de las Américas por LAPOP	2014	57.5%[19]	-
Brazil	Vanderbilt University	2012	49.2%[21]	-
Colombia	Vanderbilt University	2012	40.0%[21]	-
Venezuela	Baròmetro de las Américas por LAPOP	2014	29.6%[19]	61%[22]
Peru	Baròmetro de las Américas por LAPOP	2014	26.4%[19]	65%[22]
Ecuador	Vanderbilt University	2012	25.1%[21]	-
Bolivia	Vanderbilt University	2012	24.7%[21]	-
Suriname	Vanderbilt University	2012	22.5%[21]	-
Paraguay	Baròmetro de las Américas por LAPOP	2014	20.8%[19]	-
Guyana	Vanderbilt University	2012	14%[21]	-

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%^[23]
• 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.^[24] 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.^[25]
• Chile: A September 2015 nationwide poll found that 44% of Chileans support same-sex adoption.^[20]
• 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.^[26]
• 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%^[27]

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