LGBTQ rights in the Americas | |
---|---|
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 |
---|---|---|---|---|---|
Argentina | Ipsos | 2023 | 71% [19] | 24% | 6% |
Brazil | Ipsos | 2023 | 69% [19] | 22% | 9% |
Canada | Ipsos | 2023 | 74% [19] | 17% | 9% |
Chile | CADEM | 2022 | 70% [20] | 28% | 2% |
Colombia | Ipsos | 2023 | 53% [19] | 40% | 7% |
Mexico | Ipsos | 2023 | 60% [19] | 34% | 6% |
Peru | Ipsos | 2023 | 51% [19] | 42% | 7% |
United States | Ipsos | 2023 | 64% [19] | 26% | 10% |
Uruguay | Equipos Consultores | 2013 | 52% [21] | 39% | 9% |
Venezuela | 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 |
---|---|---|---|---|---|---|---|
Bermuda (Overseas Territory of the United Kingdom) | Legal since 1994; equal age of consent since 2019 + UN decl. sign. [6] | Domestic partnerships since 2018 [23] | Was legal between November 2018 and March 2022 and between May 2017 and June 2018 | Legal since 2015 [24] | UK responsible for defence | Bans all anti-gay discrimination [25] | |
Canada | Legal since 1969; equal age of consent since 1987 + UN decl. sign. [6] [26] | Domestic partnerships in Nova Scotia (2001); [27] Civil unions in Quebec (2002); [28] Adult interdependent relationships in Alberta (2003); [29] Common-law relationships in Manitoba (2004) [30] | Legal in some provinces and territories since 2003, nationwide since 2005 [31] | Legal in some provinces and territories since 1996, nationwide since 2011 [32] | Since 1992 [33] ; Includes transgender people [34] | Bans all anti-gay discrimination. Ban on conversion therapy since 2022 nationwide | Transgender people can change their gender and name without completion of medical intervention and human rights protections explicitly include gender identity or expression within all of Canada since 2017 [35] [36] [37] [38] |
Greenland (Autonomous Territory within the Kingdom of Denmark) | Legal since 1933; equal age of consent since 1977 + UN decl. sign. [6] | Registered partnerships between 1996 and 2016 (Existing partnerships are still recognised.) [39] | Legal since 2016 | Stepchild adoption since 2009; [40] joint adoption since 2016 [41] | The Kingdom of Denmark responsible for defence | Bans some anti-gay discrimination [6] | Legal gender change and recognition possible without surgery or hormone therapy [42] [43] |
Mexico | Legal since 1871 + UN decl. sign. [6] | / Civil unions in Mexico City (2007), Coahuila (2007), [44] Colima (between 2013 and 2016), [45] Campeche (2013), [46] Jalisco (between 2014 and 2018), [47] Michoacán (2015), Tlaxcala (2017), and Veracruz (2020) | Starting in 2010; nationwide since 2022 | / Legal in Mexico City (2010), [48] Coahuila (2014), Chihuahua (2015), Jalisco (2016), Michoacán (2016), Colima (2016), Morelos (2016), Campeche (2016), Veracruz (2016), Baja California (2017), Querétaro (2017), Chiapas (2017), Puebla (2017), Aguascalientes (2018), San Luis Potosi (2019), Hidalgo (2019), Yucatán (2021), Nayarit (2022), Quintana Roo (2022), Baja California Sur (2022), Zacatecas (2023), Tabasco (2024), Durango, Tamaulipas, and Nuevo León (the latter three never had adoption bans) [49] [50] | (ambiguous) | Bans all anti-gay discrimination [51] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Mexico City (2020), México (2020), Baja California Sur (2020), Colima (2021), Tlaxcala (2021), Oaxaca (2021), Yucatán (2021), Zacatecas (2021), Baja California (2022), Hidalgo (2022), Jalisco (2022), Puebla (2022), Sonora (2022), Nuevo León (2022), Querétaro (2023), Sinaloa (2023), Quintana Roo (2023), Morelos (2023), Guerrero (2024), and nationwide (2024). | / Transgender persons can change their legal gender and name in Mexico City (2008), [52] Michoacán (2017), Nayarit (2017), Coahuila (2018), Hidalgo (2019), San Luis Potosí (2019), Colima (2019), Baja California (2019), Oaxaca (2019), Tlaxcala (2019), Chihuahua (2019), Sonora (2020), Jalisco (2020), Quintana Roo (2020), Puebla (2021), Baja California Sur (2021), México (2021), Morelos (2021), Sinaloa (2022), Zacatecas (2022), Durango (2023), and Yucatán (2024) [53] |
Saint Pierre and Miquelon (Overseas collectivity of France) | Legal since 1791 + UN decl. sign. [6] | Civil solidarity pact since 1999 [54] | Legal since 2013 [55] | Legal since 2013 [56] | Bans all anti-gay discrimination [57] | Under French law [58] | |
United States | Legal in some states since 1962, nationwide since 2003 + UN decl. sign. [6] | Domestic partnerships in California (1999), the District of Columbia (2002), Maine (2004), Washington (2007), Maryland (2008), Oregon (2008), Nevada (2009) and Wisconsin (2009). 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). | Legal in some states since 2004, nationwide since 2015 | Legal in some states since 1993, nationwide since 2016 | / Lesbians, gays, and bisexuals have been allowed to serve openly in the U.S. military since 2011, following the repeal of the Don't Ask, Don't Tell policy. 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] | / Employment discrimination on the basis of sexual orientation is prohibited nationwide since 2020. 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. | / Since April 11, 2022 by legal self determination - gender X became available and recognized formally on US passports. [61] Gender change is legal on birth certificates (under varying conditions by state), in 48 states + DC. 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 |
---|---|---|---|---|---|---|---|
Belize | Legal since 2016 [62] | Bans all anti-gay discrimination [63] [64] [65] | [66] | ||||
Costa Rica | Legal since 1971 + UN decl. sign. [6] | Unregistered cohabitation since 2014 [67] [68] | Legal since 2020 | Legal since 2020 [69] | Has no military | Bans all anti-gay discrimination [6] | / Transgender persons can change their legal name without surgeries or judicial permission since 2018. Legal gender cannot be changed. Sex indicator removed from all ID cards issued since May 2018 [70] [71] [72] One-time sex change allowed for passports. [73] |
El Salvador | Legal since 1822 + UN decl. sign. [6] | [74] [75] | Bans all anti-gay discrimination [74] | [76] Bans discrimination based on gender identity. | |||
Guatemala | Legal since 1871 + UN decl. sign. [6] | Pending | Bans some anti-gay discrimination | [77] | |||
Honduras | Legal since 1899 + UN decl. sign. [6] | Constitutional ban on de facto unions since 2005 | Constitutional ban since 2005; [78] [79] court decision pending | Constitutional ban since 2005 | Bans all anti-gay discrimination [80] | ||
Nicaragua | Legal since 2008 + UN decl. sign. [6] | Bans some anti-gay discrimination [6] | |||||
Panama | Legal since 2008 + UN decl. sign. [6] | Court decision pending | Court decision pending | Court decision pending | Has no military | Bans some anti-gay discrimination [81] [82] | Transgender persons can change their legal gender and name after completion of medical intervention since 2006 [83] [84] |
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 |
---|---|---|---|---|---|---|---|
Anguilla (Overseas Territory of the United Kingdom) | Legal since 2001 Age of consent discrepancy + UN decl. sign. [6] | UK responsible for defence | |||||
Antigua and Barbuda | Legal since 2022 | ||||||
Aruba (Constituent country of the Kingdom of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign. [6] | Registered partnerships since 2021 [85] | [86] | The Netherlands responsible for defence | Bans all anti-gay discrimination [87] | ||
Bahamas | Legal since 1991; Age of consent discrepancy + UN decl. sign. [6] | [6] | |||||
Barbados | Legal since 2022. | / Foreign Domestic Partnerships recognized for immigration purposes "Welcome Stamp" [88] Civil Unions proposed. [89] | Bans some anti-gay discrimination [90] | ||||
Bonaire (a special municipality of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign. [6] | Registered partnerships since 2012 [91] | Legal since 2012 [92] | [93] | The Netherlands responsible for defence | Bans all anti-gay discrimination [94] | |
British Virgin Islands (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign. [6] | UK responsible for defence | Bans all anti-gay discrimination [95] | ||||
Cayman Islands (Overseas Territory of the United Kingdom) | Legal since 2001; Age of consent discrepancy [6] + UN decl. sign. | Civil partnerships since 2020 [96] | Legal since 2020 | UK responsible for defence | |||
Cuba | Legal since 1979 + UN decl. sign. [6] | Legal since 2022 | Legal since 2022 | Legal since 2022 | [6] [97] | Bans all anti-gay discrimination [98] [99] [100] | Transgender people allowed to change gender after sex change operations [101] |
Curaçao (Constituent country of the Kingdom of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign. [6] | [102] | The Netherlands responsible for defence | Bans all anti-gay discrimination [103] | |||
Dominica | Legal since 2024 [104] + UN decl. sign. [6] | Has no military | Bans some anti-gay discrimination | ||||
Dominican Republic | Legal since 1822 + UN decl. sign. [6] | Constitutional ban since 2010[ citation needed ] | [105] | ||||
Grenada | Male illegal Penalty: 10-year prison sentence (not enforced). [106] Legalization proposed [107] Female always legal [6] | Has no military | |||||
Guadeloupe (Overseas department of France) | Legal since 1791 + UN decl. sign. [6] | Civil solidarity pact since 1999 [54] | Legal since 2013 [55] | Legal since 2013 [56] | France responsible for defence | Bans all anti-gay discrimination [57] | Under French law [58] |
Haiti | Legal since 1791 (as Saint-Domingue) [6] | Has no military | |||||
Jamaica | Male illegal Penalty: 10 years and/or hard labor (Not enforced). Legalization proposed [108] Female always legal. [6] | Constitutional ban since 1962 | |||||
Martinique (Overseas department of France) | Legal since 1791 + UN decl. sign. [6] | Civil solidarity pact since 1999 [54] | Legal since 2013 [55] | Legal since 2013 [56] | France responsible for defence | Bans all anti-gay discrimination [57] | Under French law [58] |
Montserrat (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign. [6] | UK responsible for defence | Bans all anti-gay discrimination [109] | ||||
Puerto Rico (Commonwealth of the United States) | Legal since 2003 | Legal since 2015 | Legal since 2015 [110] | Legal since 2015 | United States responsible for defense [111] [112] | Bans some anti-gay discrimination | Gender change legal since 2018; does not require surgery |
Saba (a special municipality of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign. [6] | Registered partnerships since 2012 [91] | Legal since 2012 [92] | [93] | The Netherlands responsible for defence | Bans all anti-gay discrimination [94] | [113] |
Saint Barthélemy (Overseas collectivity of France) | Legal since 1791 + UN decl. sign. [6] | Civil solidarity pact since 1999 [54] | Legal since 2013 [55] | Legal since 2013 [56] | France responsible for defence | Bans all anti-gay discrimination [57] | Under French law [58] |
Saint Kitts and Nevis | Legal since 2022 | ||||||
Saint Lucia | Male illegal Penalty: Fine and/or 10-year prison sentence (Not enforced). Legalization proposed [114] Female always legal [6] | Has no military | Bans some anti-gay discrimination | ||||
Saint Martin (Overseas collectivity of France) | Legal since 1791 + UN decl. sign. [6] | Civil solidarity pact since 1999 [54] | Legal since 2013 [55] | Legal since 2013 [56] | France responsible for defence | Bans all anti-gay discrimination [57] | Under French law [58] |
Saint Vincent and the Grenadines | Illegal Penalty: Fine and/or 10-year prison sentence (Not enforced). [6] Legalization proposed [115] | Has no military | |||||
Sint Eustatius (a special municipality of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign. [6] | Registered partnerships since 2012 [91] | Legal since 2012 [92] | [93] | The Netherlands responsible for defence | Bans all anti-gay discrimination [94] | |
Sint Maarten (Constituent country of the Kingdom of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign. [6] | / Same-sex marriages performed in the Netherlands recognized[ citation needed ] | The Netherlands responsible for defence | Bans all anti-gay discrimination [116] | |||
Trinidad and Tobago | Legal since 2018 [117] | ||||||
Turks and Caicos Islands (Overseas Territory of the United Kingdom) | Legal since 2001 Age of consent discrepancy + UN decl. sign. [6] | UK responsible for defence | Bans all anti-gay discrimination [6] | ||||
United States Virgin Islands (Territory of the United States) | Legal since 1985 | Legal since 2015 [118] | Legal since 2015 [118] | Legal since 2015 [118] | United States responsible for defense [111] [112] | Bans all anti-gay discrimination [119] | Legislation enacted in 2022, also explicitly includes gender identity. [119] |
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 |
---|---|---|---|---|---|---|---|
Argentina | Legal since 1887 + UN decl. sign. [6] | Civil unions in Buenos Aires (2003), [120] Río Negro Province (2003), [121] Villa Carlos Paz (2007) and Río Cuarto (2009) Cohabitation unions nationwide since 2015 [122] | Legal since 2010 [123] | Legal since 2010 | Since 2009 [124] | / Legal protection in some cities; [125] pending nationwide. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 | Transgender persons can change their legal gender and name without surgeries or judicial order since 2012 [126] 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] |
Bolivia | Legal since 1832 + UN decl. sign. [6] | Free unions officially recognised starting in 2020; nationwide since 2023. [128] | Constitutional ban since 2009 [129] | Same-sex couples in a free union are permitted to adopt [130] | Since 2015 [131] [132] [133] ; Includes transgender people [34] | Bans all anti-gay discrimination [6] | Transgender persons can change their legal gender and name without surgeries or judicial order since 2016 [134] [135] [136] |
Brazil | Legal since 1830 + UN decl. sign. [6] | "Stable unions" legal and all rights as recognized family entities available nationwide since 2011 [137] [138] | Starting in 2011; nationwide since 2013 [139] [140] | Legal since 2010 [141] | Since 1969 [142] | Bans all anti-gay discrimination. [143] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999 [144] [145] | Transgender people can change their legal gender and name before a notary without the need of surgeries or judicial order since 2018. The sex reassignment surgery, hormonal and psychological treatment are offered free of charge by the Brazilian Unified Health System (UHS) [146] [147] [148] |
Chile | Legal since 1999; equal age of consent since 2022 + UN decl. sign. [6] | Civil unions since 2015 [149] | Legal since 2022 [150] | Legal since 2022 [150] | Since 2012 [151] ; Includes transgender people [152] | Bans all anti-gay discrimination [153] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 | Transsexual persons can change their registral sex and name since 1974. Transgender persons can change their registral sex and name, no surgeries or judicial order for adults above 18 years old since 2019. [154] |
Colombia | Legal since 1981 + UN decl. sign. [6] | De facto marital union since 2007 [155] | Legal since 2016 [156] [157] | Stepchild adoption since 2014; [158] joint adoption since 2015 [159] | Since 1999 [6] | Bans all anti-gay discrimination [160] | Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notary, no surgeries or judicial order required [161] |
Ecuador | Legal since 1997 + UN decl. sign. [6] | De facto unions since 2009 [162] [163] | Legal since 2019 [164] | LGBT individuals may adopt, but not same-sex couples [165] | [166] | Bans all anti-gay discrimination. [167] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2014 | Since 2016, transgender persons are allowed to change their birth name and gender identity; no surgeries or judicial order required [168] [169] |
Falkland Islands (Overseas Territory of the United Kingdom) | Legal since 1989; equal age of consent since 2006 + UN decl. sign. [6] | Civil partnerships since 2017 [170] | Legal since 2017 [170] | Legal since 2017 | UK responsible for defence | Bans all anti-gay discrimination [171] | |
French Guiana (Overseas department of France) | Legal since 1791 + UN decl. sign. [6] | Civil solidarity pact since 1999 [54] | Legal since 2013 [55] | Legal since 2013 [56] | France responsible for defence | Bans all anti-gay discrimination [57] | Under French law [58] |
Guyana | Illegal Penalty: Up to life imprisonment (Not enforced). [6] Legalization proposed [172] | [173] | [174] | ||||
Paraguay | Legal since 1880; Age of consent discrepancy + UN decl. sign. [6] | Constitutional ban on de facto unions since 1992 [175] | Constitutional ban since 1992 [176] | [177] | Bans some anti-gay discrimination. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2022 | ||
Peru | Legal since 1924; equal age of consent since 2012 + UN decl. sign. [6] | / Limited recognition for same-sex partners of health-care workers since 2020. | Since 2009 [178] | Bans all anti-gay discrimination [179] [180] [181] [182] [183] | Transgender persons can change their legal gender and name without the need for the completion of medical intervention since 2016. Judicial order required. [184] [185] | ||
South Georgia and the South Sandwich Islands (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign. | Legal since 2014 [186] | Legal since 2014 [186] | UK responsible for defence | |||
Suriname | Legal since 1869 (as Dutch Guiana); Age of consent discrepancy | Bans all anti-gay discrimination [187] | Transgender persons can change their legal gender since 2022. Court order required. [188] [189] [190] | ||||
Uruguay | Legal since 1934 + UN decl. sign. [6] | Concubinage union since 2008 [191] | Legal since 2013 [192] | Legal since 2009 [193] | Since 2009 [194] | Bans all anti-gay discrimination. [195] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2017 | Transgender persons can change their legal gender and name without surgeries or judicial order required since 2009. [196] Self-determination since 2018. |
Venezuela | Legal since 1997 + UN decl. sign. [6] | Constitutional ban on de facto stable unions since 1999 | Constitutional ban since 1999 | Since 2023 [197] | Bans some anti-gay discrimination [6] |
Country | Pollster | Year | For | Against | Neutral [lower-alpha 1] | Margin of error | Source |
---|---|---|---|---|---|---|---|
Antigua and Barbuda | AmericasBarometer | 2017 | 12% | - | - | [198] | |
Argentina | Ipsos | 2023 | 70% | 16% [8% support some rights] | 14% not sure | ±3.5% | [199] |
Aruba | 2021 | 46% | [200] | ||||
Bahamas | AmericasBarometer | 2014 | 11% | - | - | [201] | |
Belize | AmericasBarometer | 2014 | 8% | - | - | [201] | |
Bolivia | AmericasBarometer | 2017 | 35% | - | - | [198] | |
Brazil | Ipsos | 2023 | 51% | 29% [15% support some rights] | 20% not sure | ±3.5% [lower-alpha 2] | [199] |
Canada | Ipsos | 2023 | 69% | 17% [7% support some rights] | 15% not sure | ±3.5% | [199] |
Chile | Ipsos | 2023 | 65% | 24% [18% support some rights] | 12% | ±3.5% | [199] |
Colombia | Ipsos | 2023 | 49% | 33% [21% support some rights] | 18% | [199] | |
Costa Rica | CIEP | 2018 | 35% | 64% | 1% | [202] | |
Cuba | Gallup | 2019 | 63.1% | 36.9% | [203] | ||
Dominica | AmericasBarometer | 2017 | 10% | - | - | [198] | |
Dominican Republic | CDN 37 | 2018 | 45% | 55% | - | [204] | |
Ecuador | AmericasBarometer | 2019 | 22.9% | 51.3% | 25.8% | [205] | |
El Salvador | Universidad Francisco Gavidia | 2021 | 82.5% | [206] | |||
Grenada | AmericasBarometer | 2017 | 12% | - | - | [198] | |
Guatemala | AmericasBarometer | 2017 | 23% | - | - | [198] | |
Guyana | AmericasBarometer | 2017 | 21% | - | - | [201] | |
Haiti | AmericasBarometer | 2017 | 5% | - | - | [198] | |
Honduras | CID Gallup | 2018 | 17% | 75% | 8% | [207] | |
Jamaica | AmericasBarometer | 2017 | 16% | - | - | [198] | |
Mexico | Ipsos | 2023 | 58% | 28% [17% support some rights] | 14% not sure | ±4.8% [lower-alpha 2] | [199] |
Nicaragua | AmericasBarometer | 2017 | 25% | - | - | [198] | |
Panama | AmericasBarometer | 2017 | 22% | - | - | [198] | |
Paraguay | AmericasBarometer | 2017 | 26% | - | - | [198] | |
Peru | Ipsos | 2023 | 41% | 40% [24% support some rights] | 19% | ±3.5% [lower-alpha 2] | [199] |
Saint Kitts and Nevis | AmericasBarometer | 2017 | 9% | - | - | [198] | |
Saint Lucia | AmericasBarometer | 2017 | 11% | - | - | [198] | |
Saint Vincent and the Grenadines | AmericasBarometer | 2017 | 4% | - | - | [198] | |
Suriname | AmericasBarometer | 2014 | 18% | - | - | [201] | |
Trinidad and Tobago | AmericasBarometer | 2014 | 16% | - | - | [201] | |
United States | 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] | |
Uruguay | Equipos Consultores | 2019 | 59% | 28% | 13% | [212] | |
Venezuela | Equilibrium Cende | 2023 | 55% (63%) | 32% (37%) | 13% | [213] |
Country | Pollster | Year | For | Against | Neutral [lower-alpha 1] | Margin of error | Source |
---|---|---|---|---|---|---|---|
Aguascalientes | INEGI | 2017 | - | 35.9% | - | [214] | |
Baja California | INEGI | 2017 | - | 30.7% | - | [214] | |
Baja California Sur | INEGI | 2017 | - | 42.1% | - | [214] | |
Bermuda | OUTBermuda | 2020 | 53% | 35% | 11% | [215] | |
Campeche | INEGI | 2017 | - | 56.1% | - | [214] | |
Chiapas | INEGI | 2017 | - | 58.7% | - | [214] | |
Chihuahua | INEGI | 2017 | - | 36.4% | - | [214] | |
Coahuila | INEGI | 2017 | - | 46.8% | - | [214] | |
Colima | INEGI | 2017 | - | 39.2% | - | [214] | |
Durango | INEGI | 2017 | - | 38.8% | - | [214] | |
Guanajuato | INEGI | 2017 | - | 38.7% | - | [214] | |
Guerrero | INEGI | 2017 | - | 54% | - | [214] | |
Hidalgo | INEGI | 2017 | - | 41.7% | - | [214] | |
Jalisco | INEGI | 2017 | - | 34.2% | - | [214] | |
Mexico City | INEGI | 2017 | - | 28.6% | - | [214] | |
Michoacán | INEGI | 2017 | - | 46% | - | [214] | |
Morelos | INEGI | 2017 | - | 38.5% | - | [214] | |
Nayarit | INEGI | 2017 | - | 38.8% | - | [214] | |
Nuevo León | INEGI | 2017 | - | 44.4% | - | [214] | |
Oaxaca | INEGI | 2017 | - | 52.2% | - | [214] | |
Puebla | INEGI | 2017 | - | 37.1% | - | [214] | |
Puerto Rico | Pew Research Center | 2014 | 33% | 55% | 12% | [216] | |
Querétaro | INEGI | 2017 | - | 32.4% | - | [214] | |
Quintana Roo | INEGI | 2017 | - | 37.9% | - | [214] | |
San Luis Potosí | INEGI | 2017 | - | 38.6% | - | [214] | |
Sinaloa | INEGI | 2017 | - | 37.7% | - | [214] | |
Sonora | INEGI | 2017 | - | 31.4% | - | [214] | |
State of Mexico | INEGI | 2017 | - | 33.8% | - | [214] | |
Tabasco | INEGI | 2017 | - | 56.5% | - | [214] | |
Tamaulipas | INEGI | 2017 | - | 44.4% | - | [214] | |
Tlaxcala | INEGI | 2017 | - | 43.9% | - | [214] | |
Veracruz | INEGI | 2017 | - | 54.3% | - | [214] | |
Yucatán | INEGI | 2017 | - | 43% | - | [214] | |
Zacatecas | 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.
{{cite web}}
: CS1 maint: numeric names: authors list (link){{cite book}}
: CS1 maint: location missing publisher (link){{cite web}}
: 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...