LGBTQ rights in the Americas | |
---|---|
![]() Status of same-sex marriage and other types of same-sex partnerships in the Americas. Same-sex marriage1 Other type of registered partnership1 Limited domestic recognition1 Foreign marriages recognized for residency only Unrecognized Constitution restricts marriage to opposite-sex couples Unenforced ban on same-sex sexual activity 1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet. | |
Legal Status | Legal in 29 out of 35 states; equal age of consent in 26 out of 35 states Legal in all 21 territories; equal age of consent in 16 out of 21 territories |
Gender identity | Legal in 13 out of 35 states Legal in 8 out of 21 territories |
Military | Allowed to serve openly in 14 out of 29 states that have an army Allowed in all 21 territories |
Discrimination protections | Protected in 22 out of 35 states Protected in 14 out of 21 territories |
Family rights | |
Recognition of relationships | Recognized in 11 out of 35 states Recognized in 18 out of 21 territories |
Restrictions | Same-sex marriage constitutionally banned in 7 out of 35 states |
Adoption | Legal in 7 out of 35 states Legal in 13 out of 21 territories |
Laws governing lesbian, gay, bisexual, transgender and queer (LGBTQ) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.
Same-sex marriages are currently legal in Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Ecuador, Mexico, United States and Uruguay. Free unions that are equivalent to marriage have begun to be recognized in Bolivia. Among non-independent states, same-sex marriage is also legal in Greenland, the British Overseas Territories of the Falkland Islands and South Georgia and the South Sandwich Islands, all French territories (Guadeloupe, Martinique, Saint Barthélemy, French Guiana, Saint Martin, and Saint Pierre and Miquelon), and in the Caribbean Netherlands, Aruba, and Curaçao, while marriages performed in the Netherlands are recognised in Sint Maarten. More than 800 million people live in nations or sub-national entities in the Americas where same-sex marriages are available.
On 9 January 2018, the Inter-American Court of Human Rights issued an advisory opinion that states party to the American Convention on Human Rights 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. [1] The Supreme Courts of Honduras, [2] Panama, [3] Peru [4] and Suriname [5] have rejected the IACHR advisory opinion, while the Supreme Courts of Costa Rica and Ecuador adhered to it. Argentina, Brazil, Colombia, and Uruguay are also under the court's jurisdiction, but already had same-sex marriage before the ruling was handed down.
However, six other nations still have unenforced criminal penalties for "buggery" on their statute books. [6] These are Grenada, Guyana, Jamaica, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago of which Guyana is on mainland South America, while the rest are Caribbean islands. They are all former parts of the British West Indies. In addition, in Anguilla, the Bahamas, the Cayman Islands, Paraguay, Montserrat, Suriname and the Turks and Caicos Islands, the age of consent is higher for same-sex sexual relations than for opposite-sex ones, and in Bermuda, the age of consent for anal sex is higher than that for other types of sexual activities.
The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe. In particular, the Roman Catholic Church and the Protestants, both of which oppose legal recognition of homosexual relationships. These were followed by the Eastern Orthodox church, [7] the Methodist Church, [8] [9] and some other Mainline (Protestant) denominations, such as the Reformed Church in America [10] and the American Baptist Church, [11] as well as conservative evangelical organizations and churches, such as the Evangelical Alliance and the Southern Baptist Convention. [12] [13] [14] Pentecostal churches, such as the Assemblies of God, [15] as well as restorationist churches (like Jehovah's Witnesses and Mormons), also take the position that homosexual sexual activity is ‘sinful’. [16] [17]
However, other denominations have become more accepting of LGBT people in recent decades, including the Episcopalian church in the United States, the Evangelical Lutheran Church (also in America), the Evangelical Lutheran Church of Canada, the Anglican Church of Canada, the United Church of Canada, the United Church of Christ, the Unitarian Universalist Association, and the Society of Friends (Quakers), as well as some congregations of the Presbyterian Church in America. Most of these denominations now perform same-sex weddings or blessings. Furthermore, many churches in the United Methodist Church (in the US) are choosing to officiate and bless same-sex marriage despite denomination-wide restrictions. [18] In addition, in the United States, conservative Judaism, reform Judaism, and reconstructionist Judaism now welcome LGBT worshippers and perform same-sex weddings.
Country | Pollster | Year | For | Against | Don't Know/Neutral/No answer/Other |
---|---|---|---|---|---|
![]() | Ipsos | 2023 | 71% [19] | 24% | 6% |
![]() | Ipsos | 2023 | 69% [19] | 22% | 9% |
![]() | Ipsos | 2023 | 74% [19] | 17% | 9% |
![]() | CADEM | 2022 | 70% [20] | 28% | 2% |
![]() | Ipsos | 2023 | 53% [19] | 40% | 7% |
![]() | Ipsos | 2023 | 60% [19] | 34% | 6% |
![]() | Ipsos | 2023 | 51% [19] | 42% | 7% |
![]() | Ipsos | 2023 | 64% [19] | 26% | 10% |
![]() | Equipos Consultores | 2013 | 52% [21] | 39% | 9% |
![]() | Equilibrium Cende | 2023 | 48% [22] (55%) | 39% (45%) | 13% |
LGBTQ rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
![]() (Overseas Territory of the United Kingdom) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] [26] | ![]() Civil unions in Quebec (2002); [28] Adult interdependent relationships in Alberta (2003); [29] Common-law relationships in Manitoba (2004) [30] | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Autonomous Territory within the Kingdom of Denmark) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() joint adoption since 2016 [41] | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() ![]() | ![]() | ![]() ![]() | ![]() | ![]() | ![]() ![]() |
![]() (Overseas collectivity of France) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() Civil unions in Vermont (2000), Connecticut (2005), New Jersey (2007), New Hampshire (2008), Illinois (2011), Rhode Island (2011), Delaware (2012), Hawaii (2012) and Colorado (2013). | ![]() | ![]() | ![]() ![]() Transgender people previously allowed to serve openly, [59] but restrictions have been placed on those with a history of gender dysphoria. [60] "Transvestites" are currently banned from the military since 2012. [61] Most openly Intersex people may be banned from the military under the Armed Forces ban of "hermaphrodites". [61] | ![]() ![]() More extensive protections exist in 23 states, DC, and some municipalities. Conversion therapy for minors is banned in 22 states, DC, and some municipalities. Sexual orientation is covered by the federal hate crime law since 2009. | ![]() ![]() Nonbinary gender markers are available, under varying circumstances, in 25 states + DC. Employment discrimination on the basis of gender identity is prohibited nationwide since 2020. More extensive protections exist in 22 states, DC, and some municipalities. |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
![]() (Overseas Territory of the United Kingdom) | ![]() Age of consent discrepancy + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Constituent country of the Kingdom of the Netherlands) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Age of consent discrepancy + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() | ![]() ![]() Civil Unions proposed. [91] | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (a special municipality of the Netherlands) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas Territory of the United Kingdom) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas Territory of the United Kingdom) | ![]() Age of consent discrepancy [6] + UN decl. sign. | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Constituent country of the Kingdom of the Netherlands) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Penalty: 10-year prison sentence (not enforced). [108] Legalization proposed [109] ![]() | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() |
![]() (Overseas department of France) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() |
![]() | ![]() Penalty: 10 years and/or hard labor (Not enforced). Legalization proposed [110] ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas department of France) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas Territory of the United Kingdom) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Commonwealth of the United States) | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (a special municipality of the Netherlands) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas collectivity of France) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Penalty: Fine and/or 10-year prison sentence (Not enforced). Legalization proposed [116] ![]() | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() |
![]() (Overseas collectivity of France) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Penalty: Fine and/or 10-year prison sentence (Not enforced). [6] Legalization proposed [117] | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() |
![]() (a special municipality of the Netherlands) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Constituent country of the Kingdom of the Netherlands) | ![]() + UN decl. sign. [6] | ![]() | ![]() ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Penalty: Up to 5-year prison sentence, since 2025 Court of Appeal ruling that reinstated buggery and gross indecency laws; previously struck down by lower court in 2018; appeal to Privy Council pending. | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas Territory of the United Kingdom) | ![]() Age of consent discrepancy + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Territory of the United States) | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
![]() | ![]() + UN decl. sign. [6] | ![]() Cohabitation unions nationwide since 2015 [123] | ![]() | ![]() | ![]() | ![]() ![]() pending nationwide. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 | ![]() Transgender persons have a law reserving 1% of Argentina's public sector jobs. Economic incentives included in the new law aim to help trans people find work in all sectors. [128] |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999 [145] [146] | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 | ![]() Transgender persons can change their registral sex and name, no surgeries or judicial order for adults above 18 years old since 2019. [155] |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2014 | ![]() |
![]() (Overseas Territory of the United Kingdom) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas department of France) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Penalty: Up to life imprisonment (Not enforced). [6] Legalization proposed [173] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2022 | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (Overseas Territory of the United Kingdom) | ![]() + UN decl. sign. | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
Country | Pollster | Year | For | Against | Neutral [a] | Margin of error | Source |
---|---|---|---|---|---|---|---|
![]() | AmericasBarometer | 2017 | 12% | - | - | [199] | |
![]() | Ipsos | 2023 | 70% | 16% [8% support some rights] | 14% not sure | ±3.5% | [200] |
![]() | 2021 | 46% | [201] | ||||
![]() | AmericasBarometer | 2014 | 11% | - | - | [202] | |
![]() | AmericasBarometer | 2014 | 8% | - | - | [202] | |
![]() | AmericasBarometer | 2017 | 35% | - | - | [199] | |
![]() | Ipsos | 2023 | 51% | 29% [15% support some rights] | 20% not sure | ±3.5% [b] | [200] |
![]() | Ipsos | 2023 | 69% | 17% [7% support some rights] | 15% not sure | ±3.5% | [200] |
![]() | Ipsos | 2023 | 65% | 24% [18% support some rights] | 12% | ±3.5% | [200] |
![]() | Ipsos | 2023 | 49% | 33% [21% support some rights] | 18% | [200] | |
![]() | CIEP | 2018 | 35% | 64% | 1% | [203] | |
![]() | Gallup | 2019 | 63.1% | 36.9% | [204] | ||
![]() | AmericasBarometer | 2017 | 10% | - | - | [199] | |
![]() | CDN 37 | 2018 | 45% | 55% | - | [205] | |
![]() | AmericasBarometer | 2019 | 22.9% | 51.3% | 25.8% | [206] | |
![]() | Universidad Francisco Gavidia | 2021 | 82.5% | [207] | |||
![]() | AmericasBarometer | 2017 | 12% | - | - | [199] | |
![]() | AmericasBarometer | 2017 | 23% | - | - | [199] | |
![]() | AmericasBarometer | 2017 | 21% | - | - | [202] | |
![]() | AmericasBarometer | 2017 | 5% | - | - | [199] | |
![]() | CID Gallup | 2018 | 17% | 75% | 8% | [208] | |
![]() | AmericasBarometer | 2017 | 16% | - | - | [199] | |
![]() | Ipsos | 2023 | 58% | 28% [17% support some rights] | 14% not sure | ±4.8% [b] | [200] |
![]() | AmericasBarometer | 2017 | 25% | - | - | [199] | |
![]() | AmericasBarometer | 2017 | 22% | - | - | [199] | |
![]() | AmericasBarometer | 2017 | 26% | - | - | [199] | |
![]() | Ipsos | 2023 | 41% | 40% [24% support some rights] | 19% | ±3.5% [b] | [200] |
![]() | AmericasBarometer | 2017 | 9% | - | - | [199] | |
![]() | AmericasBarometer | 2017 | 11% | - | - | [199] | |
![]() | AmericasBarometer | 2017 | 4% | - | - | [199] | |
![]() | AmericasBarometer | 2014 | 18% | - | - | [202] | |
![]() | AmericasBarometer | 2014 | 16% | - | - | [202] | |
![]() | Marquette | 2022 | 72% | 28% | – | [209] | |
Selzer | 2022 | 74% (83%) | 13% (17%) | 13% not sure | [210] [211] | ||
Quinnipiac | 2022 | 68% (77%) | 22% (23%) | 10% | [212] | ||
Ipsos | 2023 | 54% | 31% [14% support some rights] | 15% not sure | ±3.5% | [200] | |
![]() | Equipos Consultores | 2019 | 59% | 28% | 13% | [213] | |
![]() | Equilibrium Cende | 2023 | 55% (63%) | 32% (37%) | 13% | [214] |
Country | Pollster | Year | For | Against | Neutral [a] | Margin of error | Source |
---|---|---|---|---|---|---|---|
![]() | INEGI | 2017 | - | 35.9% | - | [215] | |
![]() | INEGI | 2017 | - | 30.7% | - | [215] | |
![]() | INEGI | 2017 | - | 42.1% | - | [215] | |
![]() | OUTBermuda | 2020 | 53% | 35% | 11% | [216] | |
![]() | INEGI | 2017 | - | 56.1% | - | [215] | |
![]() | INEGI | 2017 | - | 58.7% | - | [215] | |
![]() | INEGI | 2017 | - | 36.4% | - | [215] | |
![]() | INEGI | 2017 | - | 46.8% | - | [215] | |
![]() | INEGI | 2017 | - | 39.2% | - | [215] | |
![]() | INEGI | 2017 | - | 38.8% | - | [215] | |
![]() | INEGI | 2017 | - | 38.7% | - | [215] | |
![]() | INEGI | 2017 | - | 54% | - | [215] | |
![]() | INEGI | 2017 | - | 41.7% | - | [215] | |
![]() | INEGI | 2017 | - | 34.2% | - | [215] | |
![]() | INEGI | 2017 | - | 28.6% | - | [215] | |
![]() | INEGI | 2017 | - | 46% | - | [215] | |
![]() | INEGI | 2017 | - | 38.5% | - | [215] | |
![]() | INEGI | 2017 | - | 38.8% | - | [215] | |
![]() | INEGI | 2017 | - | 44.4% | - | [215] | |
![]() | INEGI | 2017 | - | 52.2% | - | [215] | |
![]() | INEGI | 2017 | - | 37.1% | - | [215] | |
![]() | Pew Research Center | 2014 | 33% | 55% | 12% | [217] | |
![]() | INEGI | 2017 | - | 32.4% | - | [215] | |
![]() | INEGI | 2017 | - | 37.9% | - | [215] | |
![]() | INEGI | 2017 | - | 38.6% | - | [215] | |
![]() | INEGI | 2017 | - | 37.7% | - | [215] | |
![]() | INEGI | 2017 | - | 31.4% | - | [215] | |
![]() | INEGI | 2017 | - | 33.8% | - | [215] | |
![]() | INEGI | 2017 | - | 56.5% | - | [215] | |
![]() | INEGI | 2017 | - | 44.4% | - | [215] | |
![]() | INEGI | 2017 | - | 43.9% | - | [215] | |
![]() | INEGI | 2017 | - | 54.3% | - | [215] | |
![]() | INEGI | 2017 | - | 43% | - | [215] | |
![]() | INEGI | 2017 | - | 37.4% | - | [215] |
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: CS1 maint: numeric names: authors list (link)Solid majorities across both parties agree that... marrying someone of the same sex...are rights that should be guaranteed to all citizens...