Cuba has had a socialist political system since 1961 based on the "one state – one party" principle. Cuba is constitutionally defined as a single party Marxist–Leninist socialist republic with semi-presidential powers. The present Constitution of Cuba, which was passed in a 2019 referendum, also describes the role of the Communist Party of Cuba to be the "leading force of society and of the state" and as having the capability of setting national policy, and First Secretary of the Communist Party is the most powerful position in Cuba. The 2019 Constitution of Cuba identifies the ideals represented by Cuban independence hero José Martí and revolutionary leader Fidel Castro as the primary foundation of Cuba's political system, while also stressing the importance of the influence of the ideas of Marx, Engels, and Lenin.
Even before attaining its independence from Spain, Cuba had several constitutions either proposed or adopted by insurgents as governing documents for territory they controlled during their war against Spain. Cuba has had several constitutions since winning its independence. The first constitution since the Cuban Revolution was drafted in 1976 and has since been amended. In 2018, Cuba became engaged in a major revision of its constitution. The current constitution was then enacted in 2019.
The substantive and procedural laws of Cuba were based on Spanish Civil laws and influenced by the principles of Marxism-Leninism after that philosophy became the government's guiding force. Cuba's most recent Constitution was enacted in 2019.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Cuba have significantly varied throughout modern history. Cuba is now considered generally progressive, with vast improvements in the 21st century for such rights. Following the 2022 Cuban Family Code referendum, there is legal recognition of the right to marriage, unions between people of the same sex, same-sex adoption and non-commercial surrogacy as part of one of the most progressive Family Codes in Latin America. Until the 1990s, the LGBT community was marginalized on the basis of heteronormativity, traditional gender roles, politics and strict criteria for moralism. It was not until the 21st century that the attitudes and acceptance towards LGBT people changed to be more tolerant.
Same-sex marriage has been legal in Portugal since 5 June 2010. The XVIII Constitutional Government of Portugal under Prime Minister José Sócrates introduced a bill for legalization in December 2009. It was passed by the Assembly of the Republic in February 2010, and was declared legally valid by the Portuguese Constitutional Court in April 2010. On 17 May 2010, President Aníbal Cavaco Silva ratified the law, making Portugal the sixth country in Europe and the eighth in the world to allow same-sex marriage nationwide. The law was published in the Diário da República on 31 May and became effective on 5 June 2010. Polling suggests that a significant majority of Portuguese people support the legal recognition of same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Colombia have advanced significantly in the 21st century, and are now quite progressive. Consensual same-sex sexual activity in Colombia was decriminalized in 1981. Between February 2007 and April 2008, three rulings of the Constitutional Court granted registered same-sex couples the same pension, social security and property rights as registered heterosexual couples.
Same-sex marriage has been legal in Costa Rica since May 26, 2020 as a result of a ruling by the Supreme Court of Justice. Costa Rica was the first country in Central America to recognize and perform same-sex marriages, the third in North America after Canada and the United States, and the 28th to do so worldwide.
Same-sex marriage has been legal in Ecuador since 8 July 2019 in accordance with a Constitutional Court ruling issued on 12 June 2019 that the ban on same-sex marriage was unconstitutional under the Constitution of Ecuador. The court held that the Constitution required the government to license and recognise same-sex marriages. It focused its ruling on an advisory opinion issued by the Inter-American Court of Human Rights in January 2018 that member states should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". The ruling took effect upon publication in the government gazette on 8 July.
Same-sex marriage has been legal in Cuba since 27 September 2022 after a majority of voters approved the legalization of same-sex marriage in a referendum two days prior. The Constitution of Cuba prohibited same-sex marriage until 2019, and in May 2019 the government announced plans to legalize same-sex marriage. A draft family code containing provisions allowing same-sex couples to marry and adopt was approved by the National Assembly of People's Power on 21 December 2021. The text was under public consultation until 6 June 2022, and was approved by the Assembly on 22 July 2022. The measure was approved by two-thirds of voters in a referendum held on 25 September 2022. President Miguel Díaz-Canel signed the new family code into law on 26 September, and it took effect upon publication in the Official Gazette the following day.
Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Tribunal. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) is obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023. The ruling made Bolivia the seventh country in South America to recognise same-sex unions.
A constitutional referendum was held in Venezuela on 15 December 1999. Voters were asked whether they approved of the new constitution drawn up by the Constitutional Assembly elected earlier in the year. It was approved by 72% of voters, although turnout was only 44%.
Miguel Díaz-Canel Bermúdez is a Cuban politician and engineer. He has served as the 8th First Secretary of the Communist Party of Cuba since 2021 and as the 17th President of Cuba since 2019. In his capacity as First Secretary he is the most powerful person in the Cuban government.
The Constitution of Costa Rica is the supreme law of Costa Rica. At the end of the 1948 Costa Rican Civil War, José Figueres Ferrer oversaw the Costa Rican Constitutional Assembly, which drafted the document. It was approved on 1949 November 7. Several older constitutions had been in effect starting from 1812, with the most recent former constitution ratified in 1871. The Costa Rican Constitution is remarkable in that in its Article 12 abolished the Costa Rican military, making it the second nation after Japan to do so by law. Another unusual clause is an amendment asserting the right to live in a healthy natural environment.
A constitutional referendum was held in Bolivia on Sunday, 21 February 2016. The proposed constitutional amendments would have allowed the president and vice president to run for a third consecutive term under the 2009 Constitution. The proposal was voted down by a 51.3% majority.
This is a list of notable events in the history of LGBT rights that took place in the year 2018.
Referendums in Costa Rica are regulated by law. The main juridical body that regulates is the Law of Referendum or Law 8492. To this date the only nation-wide referendum done since the current Constitution and the afore mentioned referendum regulatory law is in place was the 2007 Costa Rican Dominican Republic – Central America Free Trade Agreement referendum.
The Constitutional Convention was the constituent body of the Republic of Chile in charge of drafting a new Political Constitution of the Republic after the approval of the national plebiscite held in October 2020. Its creation and regulation were carried out through Law No. 21,200, published on 24 December 2019, which amended the Political Constitution of the Republic to include the process of drafting a new constitution. The body met for the first time on 4 July 2021. Chilean President Sebastian Piñera said, "This Constitutional Convention must, within a period of 9 months, extendable for an additional 3 months, draft and approve a new constitution for Chile, which must be ratified by the citizens through a plebiscite." It ended its functions and declared itself dissolved on 4 July 2022.
The recognition of same-sex unions varies by country.
A referendum was held on 25 September 2022 in Cuba to approve amendments to the Family Code of the Cuban Constitution. The referendum passed, greatly strengthening gender equality, legalizing same-sex marriage, same-sex adoption, and altruistic surrogacy, and affirming a wide range of rights and protections for women, children, the elderly and people with disabilities. Following the referendum, Cuba's family policies have been described as among the most progressive in Latin America.
A constitutional referendum was held in Ecuador on 5 February 2023, alongside local elections. The binding consultation was called on 29 November 2022 by President Guillermo Lasso. Voters were asked to approve or reject a total of eight questions surrounding changes to the Constitution of Ecuador. Soon after the referendum, Reuters, Al Jazeera, CNN en Español and the Financial Times projected the failure of all eight of its proposals, with president Guillermo Lasso eventually conceding defeat. Turnout for the referendum was estimated at 80.74%.
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