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. | |
Status | Legal in 30 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, and transgender (LGBT) 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, five other nations still have unenforced criminal penalties for "buggery" on their statute books. [6] These are Grenada, Guyana, Jamaica, Saint Lucia, and Saint Vincent and the Grenadines, 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% |
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 |
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![]() (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 have been allowed to serve openly since 2021. [59] "Transvestites" are currently banned from the military since 2012. [60] Most openly Intersex people may be banned from the military under the Armed Forces ban of "hermaphrodites". [60] | ![]() ![]() 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. Gender identity is covered by the federal hate crime law since 2009. |
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 |
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![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + 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. [89] | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (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). [106] Legalization proposed [107] ![]() | ![]() | ![]() | ![]() | 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 [108] ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (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 [114] ![]() | ![]() | ![]() | ![]() | Has no military | ![]() | ![]() |
![]() (Overseas collectivity of France) | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Penalty: Fine and/or 10-year prison sentence (Not enforced). [6] Legalization proposed [115] | ![]() | ![]() | ![]() | 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] | ![]() | ![]() ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() (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 [122] | ![]() | ![]() | ![]() | ![]() ![]() 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. [127] |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999 [144] [145] | ![]() |
![]() | ![]() + 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. [154] |
![]() | ![]() + 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 [172] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + 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. | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() Age of consent discrepancy | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
![]() | ![]() + UN decl. sign. [6] | ![]() | ![]() | ![]() | ![]() | ![]() | ![]() |
Country | Pollster | Year | For | Against | Neutral [lower-alpha 1] | Margin of error | Source |
---|---|---|---|---|---|---|---|
![]() | AmericasBarometer | 2017 | 12% | - | - | [198] | |
![]() | Ipsos | 2023 | 70% | 16% [8% support some rights] | 14% not sure | ±3.5% | [199] |
![]() | 2021 | 46% | [200] | ||||
![]() | AmericasBarometer | 2014 | 11% | - | - | [201] | |
![]() | AmericasBarometer | 2014 | 8% | - | - | [201] | |
![]() | AmericasBarometer | 2017 | 35% | - | - | [198] | |
![]() | Ipsos | 2023 | 51% | 29% [15% support some rights] | 20% not sure | ±3.5% [lower-alpha 2] | [199] |
![]() | Ipsos | 2023 | 69% | 17% [7% support some rights] | 15% not sure | ±3.5% | [199] |
![]() | Ipsos | 2023 | 65% | 24% [18% support some rights] | 12% | ±3.5% | [199] |
![]() | Ipsos | 2023 | 49% | 33% [21% support some rights] | 18% | [199] | |
![]() | CIEP | 2018 | 35% | 64% | 1% | [202] | |
![]() | Gallup | 2019 | 63.1% | 36.9% | [203] | ||
![]() | AmericasBarometer | 2017 | 10% | - | - | [198] | |
![]() | CDN 37 | 2018 | 45% | 55% | - | [204] | |
![]() | AmericasBarometer | 2019 | 22.9% | 51.3% | 25.8% | [205] | |
![]() | Universidad Francisco Gavidia | 2021 | 82.5% | [206] | |||
![]() | AmericasBarometer | 2017 | 12% | - | - | [198] | |
![]() | AmericasBarometer | 2017 | 23% | - | - | [198] | |
![]() | AmericasBarometer | 2017 | 21% | - | - | [201] | |
![]() | AmericasBarometer | 2017 | 5% | - | - | [198] | |
![]() | CID Gallup | 2018 | 17% | 75% | 8% | [207] | |
![]() | AmericasBarometer | 2017 | 16% | - | - | [198] | |
![]() | Ipsos | 2023 | 58% | 28% [17% support some rights] | 14% not sure | ±4.8% [lower-alpha 2] | [199] |
![]() | AmericasBarometer | 2017 | 25% | - | - | [198] | |
![]() | AmericasBarometer | 2017 | 22% | - | - | [198] | |
![]() | AmericasBarometer | 2017 | 26% | - | - | [198] | |
![]() | Ipsos | 2023 | 41% | 40% [24% support some rights] | 19% | ±3.5% [lower-alpha 2] | [199] |
![]() | AmericasBarometer | 2017 | 9% | - | - | [198] | |
![]() | AmericasBarometer | 2017 | 11% | - | - | [198] | |
![]() | AmericasBarometer | 2017 | 4% | - | - | [198] | |
![]() | AmericasBarometer | 2014 | 18% | - | - | [201] | |
![]() | AmericasBarometer | 2014 | 16% | - | - | [201] | |
![]() | Marquette | 2022 | 72% | 28% | – | [208] | |
Selzer | 2022 | 74% (83%) | 13% (17%) | 13% not sure | [209] [210] | ||
Quinnipiac | 2022 | 68% (77%) | 22% (23%) | 10% | [211] | ||
Ipsos | 2023 | 54% | 31% [14% support some rights] | 15% not sure | ±3.5% | [199] | |
![]() | Equipos Consultores | 2019 | 59% | 28% | 13% | [212] | |
![]() | Equilibrium Cende | 2023 | 55% (63%) | 32% (37%) | 13% | [213] |
Country | Pollster | Year | For | Against | Neutral [lower-alpha 1] | Margin of error | Source |
---|---|---|---|---|---|---|---|
![]() | INEGI | 2017 | - | 35.9% | - | [214] | |
![]() | INEGI | 2017 | - | 30.7% | - | [214] | |
![]() | INEGI | 2017 | - | 42.1% | - | [214] | |
![]() | OUTBermuda | 2020 | 53% | 35% | 11% | [215] | |
![]() | INEGI | 2017 | - | 56.1% | - | [214] | |
![]() | INEGI | 2017 | - | 58.7% | - | [214] | |
![]() | INEGI | 2017 | - | 36.4% | - | [214] | |
![]() | INEGI | 2017 | - | 46.8% | - | [214] | |
![]() | INEGI | 2017 | - | 39.2% | - | [214] | |
![]() | INEGI | 2017 | - | 38.8% | - | [214] | |
![]() | INEGI | 2017 | - | 38.7% | - | [214] | |
![]() | INEGI | 2017 | - | 54% | - | [214] | |
![]() | INEGI | 2017 | - | 41.7% | - | [214] | |
![]() | INEGI | 2017 | - | 34.2% | - | [214] | |
![]() | INEGI | 2017 | - | 28.6% | - | [214] | |
![]() | INEGI | 2017 | - | 46% | - | [214] | |
![]() | INEGI | 2017 | - | 38.5% | - | [214] | |
![]() | INEGI | 2017 | - | 38.8% | - | [214] | |
![]() | INEGI | 2017 | - | 44.4% | - | [214] | |
![]() | INEGI | 2017 | - | 52.2% | - | [214] | |
![]() | INEGI | 2017 | - | 37.1% | - | [214] | |
![]() | Pew Research Center | 2014 | 33% | 55% | 12% | [216] | |
![]() | INEGI | 2017 | - | 32.4% | - | [214] | |
![]() | INEGI | 2017 | - | 37.9% | - | [214] | |
![]() | INEGI | 2017 | - | 38.6% | - | [214] | |
![]() | INEGI | 2017 | - | 37.7% | - | [214] | |
![]() | INEGI | 2017 | - | 31.4% | - | [214] | |
![]() | INEGI | 2017 | - | 33.8% | - | [214] | |
![]() | INEGI | 2017 | - | 56.5% | - | [214] | |
![]() | INEGI | 2017 | - | 44.4% | - | [214] | |
![]() | INEGI | 2017 | - | 43.9% | - | [214] | |
![]() | INEGI | 2017 | - | 54.3% | - | [214] | |
![]() | INEGI | 2017 | - | 43% | - | [214] | |
![]() | INEGI | 2017 | - | 37.4% | - | [214] |
Rights affecting lesbian, gay, bisexual, and transgender (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Ecuador have evolved significantly in the past decades. Both male and female forms of same-sex sexual activity are legal in Ecuador and same-sex couples can enter into civil unions and same-sex marriages.
Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Venezuela, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Also, same-sex marriage and de facto unions are constitutionally banned since 1999.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Chile have advanced significantly in the 21st century, and are now quite progressive.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Spain rank among the highest in the world, having undergone significant advancements within recent decades. Among ancient Romans in Spain, sexual interaction between men was viewed as commonplace, but a law against homosexuality was promulgated by Christian emperors Constantius II and Constans, and Roman moral norms underwent significant changes leading up to the 4th century. Laws against sodomy were later established during the legislative period. They were first repealed from the Spanish Code in 1822, but changed again along with societal attitudes towards homosexuality during the Spanish Civil War and Francisco Franco's regime.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Costa Rica have evolved significantly in the past decades. Same-sex sexual relations have been legal since 1971. In January 2018, the Inter-American Court of Human Rights made mandatory the approbation of same-sex marriage, adoption for same-sex couples and the removal of people's sex from all Costa Rican ID cards issued since October 2018. The Costa Rican Government announced that it would apply the rulings in the following months. In August 2018, the Costa Rican Supreme Court ruled against the country's same-sex marriage ban, and gave the Legislative Assembly 18 months to reform the law accordingly, otherwise the ban would be abolished automatically. Same-sex marriage became legal on 26 May 2020.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Mexico expanded in the 21st century, keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Argentina rank among the highest in the world. Upon legalising same-sex marriage on 15 July 2010, Argentina became the first country in Latin America, the second in the Americas, and the tenth in the world to do so. Following Argentina's transition to a democracy in 1983, its laws have become more inclusive and accepting of LGBT people, as has public opinion.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Uruguay rank among the highest in the world. Same-sex sexual activity has been legal with an equal age of consent since 1934. Anti-discrimination laws protecting LGBT people have been in place since 2004. Civil unions for same-sex couples have been allowed since 2008 and same-sex marriages since 2013, in accordance with the nation's same-sex marriage law passed in early 2013. Additionally, same-sex couples have been allowed to jointly adopt since 2009 and gays, lesbians and bisexuals are allowed to serve openly in the military. Finally, in 2018, a new law guaranteed the human rights of the trans population.
Lesbian, gay, bisexual, and transgender (LGBT) 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nicaragua face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Nicaragua. Discrimination based on sexual orientation is banned in certain areas, including in employment and access to health services.
Lesbian, gay, bisexual, and transgender (LGBT) people in Panama face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Panama, but same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples.
Many countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Peru face some legal challenges not experienced by other residents. Same-sex sexual activity among consenting adults is legal. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Dominican Republic do not possess the same legal protections as non-LGBTQ residents, and face social challenges that are not experienced by other people. While the Dominican Criminal Code does not expressly prohibit same-sex sexual relations or cross-dressing, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples, as same-sex marriage is constitutionally banned in the country.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Bolivia have expanded significantly in the 21st century. Both male and female same-sex sexual activity and same-sex civil unions are legal in Bolivia. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in Guatemala.
Oceania is, like other regions, quite diverse in its laws regarding LGBT rights. This ranges from significant rights, including same-sex marriage – granted to the LGBT+ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory. Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBT+ communities. This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Paraguay face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Paraguay, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal protections available to opposite-sex married couples. Paraguay remains one of the few conservative countries in South America regarding LGBT rights.
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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...