| Part of the LGBT rights series |
 LGBTQportal |
Barbados does not recognise same-sex unions. In September 2020, the government announced its intention to enact civil unions for same-sex couples, providing several of the rights, benefits and obligations of marriage. It also announced the possibility of holding a referendum on legalising same-sex marriage.
In July 2020, the government launched the "Welcome Stamp" visa program, allowing foreign workers to stay on Barbados for up to one year. After receiving criticism that the program only allowed workers to bring their opposite-sex spouse with them, the government changed the program rules to allow workers to bring their same-sex spouse as well. [1]
On 15 September 2020, the government announced its intention to pass a form of civil union, providing same-sex couples with a subset of the rights and benefits of marriage, and after that hold a referendum on the issue of same-sex marriage. [2] Governor General Sandra Mason (since 2021 the President of Barbados) said in a speech to the Parliament that the country must have a "frank discussion" and "end discrimination in all forms".
Mr President, my Government is prepared to recognise a form of civil unions for couples of the same gender so as to ensure that no human being in Barbados will be discriminated against, in exercise of civil rights that ought to be theirs.
LGBT activist Alexa Hoffmann said Mason's speech was filed with "smoke and mirrors, tiptoeing around and the use of buzz words. […] A nod is being given to civil unions but yet anything that relates to the LGBT community physically being able to practice that relationship is still criminalized and completely forbidden.", [3] referencing the fact that Barbados law at the time criminalised same-sex sexual relations. Homosexuality was decriminalised in Barbados in 2022. [4] [5] Bishop Michael Maxwell said that no priest within the Diocese of Barbados would be permitted to officiate at a civil union ceremony, "The position really is that our church continues to stand against what it considers to be same-sex marriages." [6]
In June 2016, Attorney General Adriel Brathwaite said the Government of Barbados was not considering changing the law to allow for same-sex marriages; "As a lawmaker, if Jane decides she wants to live with Janice, that is their business as far I am concerned. But I will not change the law to allow them to be married in Barbados. I will not stop them from being able to access health care, being able to have a job, or to be able to eat and sleep and do all the things I do." Activist Donnya Piggott said at the time that the local LGBT community was "not interested in pressuring authorities to legalize same-sex marriages". [7]
In March 2022, attorney at law Lalu Hanuman suggested that the Marriage Act may not prohibit same-sex marriage, and called on same-sex couples to challenge the law in court. "It does not say in the prohibited or void sections that a man can't marry a man or a woman can't marry a woman. I think it ought to be considered a test case where an LGBTQ person approaches the magistrate to get the bands published … and tries to get married to someone of their same gender. I am confident it will be refused at the Magistrate's Court level, but then challenge it all the way up to the Caribbean Court of Justice and I think it could well succeed.", Hanuman said. The Act uses gender-neutral language, with parties to a marriage referred to as "persons", except in section 3 which states that "a marriage solemnised between a man and a woman" is void if the partners are related. [8]
On 9 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that parties 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". [9] [10] [11] The advisory opinion states that: [12] [13]
The State must recognize and guarantee all rights derived from a family bond between persons of the same sex in accordance with the provisions of Articles 11.2 and 17.1 of the American Convention. (...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry. (..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.
Barbados ratified the American Convention on Human Rights on 27 November 1982 and recognized the court's jurisdiction on 4 June 2000. [14]
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 Suriname may face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are legal in Suriname. Since 2015, hate speech and discrimination in employment and the provision of goods and services on the basis of sexual orientation has been banned in the country. Same-sex marriage and civil unions are not recognised by law. Nevertheless, Suriname is legally bound to the January 2018 Inter-American Court of Human Rights ruling, which held that same-sex marriage is a human right protected by the American Convention on Human Rights.
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.
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.
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 Honduras face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Honduras.
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.
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.
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.
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Barbados do not possess the same legal rights as non-LGBT people. In December 2022, the courts ruled Barbados' laws against buggery and "gross indecency" were unconstitutional and struck them from the Sexual Offences Act. However, there is no recognition of same-sex relationships and only limited legal protections against discrimination.
Venezuela does not recognize same-sex unions. In 2008, the Supreme Tribunal of Justice ruled that the Constitution of Venezuela neither prohibits nor requires the recognition of same-sex marriage. In January 2015, a lawsuit seeking to legalise same-sex marriage in Venezuela was filed with the Supreme Tribunal, which announced in April 2016 that it would hear the case, though no decision has yet been issued. On 24 February 2022, a deputy of the opposition Cambiemos Movimiento Ciudadano party introduced a same-sex marriage bill to the National Assembly.
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.
Suriname does not recognize same-sex marriage or civil unions.
El Salvador does not recognize same-sex marriage, civil unions or any other legal union for same-sex couples. A proposal to constitutionally ban same-sex marriage and adoption by same-sex couples was rejected twice in 2006, and once again in April 2009 after the Farabundo Martí National Liberation Front (FMLN) refused to grant the measure the four votes it needed to be ratified.
Paraguay does not recognize same-sex marriage or civil unions. The Constitution of Paraguay has explicitly prohibited same-sex marriage since 1992, and de facto unions are only available to opposite-sex couples. Support for same-sex marriage remains low in comparison to neighboring Argentina and Brazil.
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.
Same-sex unions are currently not recognized in Honduras. Since 2005, the Constitution of Honduras has explicitly banned same-sex marriage. In January 2022, the Supreme Court dismissed a challenge to this ban, but a request for the Inter-American Commission on Human Rights to review whether the ban violates the American Convention on Human Rights is pending. A same-sex marriage bill was introduced to Congress in May 2022.
Nicaragua does not currently recognise same-sex marriages or civil unions.
Status of same-sex unions around the world | ||
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| Africa |  | |
| Americas | ||
| Asia | ||
| Europe |
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| Oceania |
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| Antarctica |
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