Recognition of same-sex unions in Chile

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Chile has recognized civil unions since 22 October 2015. On 28 January 2015, the National Congress approved a bill recognizing civil unions for same-sex and opposite-sex couples, offering some of the rights of marriage. The bill was signed into law on 13 April 2015 by President Michelle Bachelet, published in the Official Journal of the Republic of Chile on 21 April 2015 and took effect on 22 October 2015.

Contents

In April 2015, in response to a lawsuit filed before the Inter-American Court of Human Rights (IACHR) seeking to overturn Chile's ban on same-sex marriages, the Chilean Government, local LGBT groups and the Inter-American Commission of Human Rights signed an agreement wherein the government pledged to legalise same-sex marriage. A bill to this effect was introduced to the National Congress in August 2017, but failed to pass before elections in November 2017. This agreement and a January 2018 ruling by the IACHR, stating that countries signatory to the American Convention on Human Rights are required to recognize same-sex marriages, have put pressure on the new administration, headed by President Sebastian Piñera, to legalise same-sex marriage.

In June 2021, Piñera announced that his government would sponsor the bill to legalise same-sex marriage in order to hold an urgent vote in the National Congress. [1] [2] On 7 December 2021, both chambers of the National Congress approved legislation for marriage equality, [3] [4] which will be implemented 90 days after the bill is signed by Piñera and published in the Official Journal.

Civil unions

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Recognition of same-sex unions in South America
  Marriage and other type of partnership
  Other type of partnership
  Country subject to IACHR ruling
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

Bachelet's first presidency

In the January 2006 presidential campaign, both major candidates, center-left Michelle Bachelet and center-right Sebastián Piñera, voiced their support for civil unions, but the Catholic Church and many members of Congress were opposed. [5]

In October 2009, a civil union bill was introduced in the National Congress of Chile but failed to pass. [6]

Piñera's first presidency

During his run-up to the presidency in 2009, Piñera vowed to end discrimination based on sexual orientation and included a same-sex couple in one of his televised campaign ads. [7]

In June 2010, Senator Andrés Allamand (National Renewal) submitted a bill to Congress to permit a "common life agreement" (Spanish : Acuerdo de Vida en Común), which would have been open to both different-sex and same-sex couples. [8] On 3 August 2010, Senator Fulvio Rossi (Socialist Party) introduced a bill to legalize same-sex marriage in the country. [9] During the first week of September 2010, several senators backing the bill stated they would withdraw their support after talks with members of the Evangelical Church, and instead announced support for the civil union bill introduced by Senator Allamand.

In May 2011, President Piñera stated that he was in favor of an upcoming bill to legalize a form of civil union; his stated intent was to "protect and safeguard [...] the dignity of those couples, whether of the opposite or even the same sex". [10] Piñera introduced a bill to Congress in August 2011 allowing registered cohabitation, known as Acuerdo de Vida en Pareja ("Life Partnership Agreement"). This would give unmarried partners many of the rights granted only to married couples, such as inheritance and certain social welfare and health care benefits. [11] [12] Under Piñera's legislation, same-sex couples would be able to register their civil partnership with a notary. [13]

On 10 April 2013, the Acuerdo de Vida en Pareja law creating civil unions in Chile was approved by the Senate's Constitution, Law and Justice Committee on a 4–1 vote. [14] [15] On 7 January 2014, the Senate voted 28–6 in favor of the law, [16] but the bill was not voted on by the Chamber of Deputies before the end of the parliamentary session in March 2014, despite it being a priority issue for Piñera.

Bachelet's second presidency

When Michelle Bachelet again took office as president in March 2014, she made passing Piñera's civil union bill a priority. [17]

On 5 August 2014, a Senate committee approved the civil union bill. [18] On 7 October 2014, the bill was passed by the Senate, and moved to the Chamber of Deputies. [19]

The name of the bill was changed to Civil Union Pact (Spanish : Pacto de Unión Civil) on December 17, and Congress reiterated their intention to hold the final vote by January 2015. [20] On 6 January 2015, a provision recognising foreign marriages as civil unions was approved in the Constitutional Committee while a clause recognizing adoption rights was rejected. The bill went to a final vote before both the Senate and the Chamber of Deputies as it was amended. [21] On 13 January, the full Chamber of Deputies reinserted the adoption provision. On 20 January 2015, the Chamber approved the bill on a vote of 86 to 23 with 2 abstentions. On 27 January, the Senate rejected all the Chamber's amendments, so the bill was sent to a joint committee of both houses. [22] The committee reached an agreement in regard to the text of the bill and changed its name to Civil Union Agreement (Spanish : Acuerdo de Unión Civil [aˈkwɛɾðo de uˈnjon siˈβil] ) the same day. The bill was passed in both houses on 28 January 2015. [23] [24] Several lawmakers asked the Chilean Constitutional Court to verify the bill's constitutionality, which was upheld by the court in a ruling released on 6 April 2015. [25] The bill was signed into law by President Bachelet on 13 April 2015. [26] [27] It was published in the Diario Oficial de la República de Chile on 21 April 2015 and took effect on 22 October 2015. [28] [29] [30]

Chile's civil union provisions enable couples to claim pension benefits and inherit property if their civil partner dies as well as more easily co-own property and make medical decisions for one another. All disputes and conflicts involving civil partners are dealt with by the Family Courts. [lower-alpha 1] The government estimated at the time of the law going into effect that some two million Chilean couples cohabiting could have their unions legally recognised. In the day following the law going into effect, approximately 1,600 couples signed up to register their unions. [36]

On 1 December 2016, the Chamber of Deputies unanimously approved, with six abstentions, a bill to grant couples who enter into a civil union five days off, as newly married couples have. [37] [38] [39] The bill was approved by the Senate in October 2017 in a unanimous 15–0 vote. [40] The law took effect on 8 November 2017. [41]

Statistics

From January to December 2016, 7,338 civil unions were performed in Chile. Of these, 75% were between heterosexual couples, while the remaining 25% were between same-sex couples. 41% of all these unions took place in the Santiago Metropolitan Region. 9,535 civil unions were performed between October 2015 and December 2016. [42]

21,189 couples had formed civil unions by October 2018, three years after the law went into force. Of these, 16,483 were opposite-sex couples (or 77.8%), 2,253 were lesbian couples (or 10.6%) and 2,453 were gay male couples (or 11.6%). [43] The statistics for same-sex couples by region are as follows: 58 in Arica y Parinacota, 93 in Tarapacá, 199 in Antofagasta, 72 in Atacama, 149 in Coquimbo, 646 in Valparaíso, 2,621 in Santiago, 216 in O'Higgins, 143 in Maule, 0 in Ñuble, [lower-alpha 2] 242 in Bío Bío, 79 in Araucanía, 48 in Los Ríos, 102 in Los Lagos, 6 in Aysén, and 32 in Magallanes. [44]

YearSame-sex unionsHeterosexual
unions		Total
unions		 %
same-sex
FemaleMaleTotal
20152773586351,5622,19728.9%
20167678881,6555,6837,33822.6%
20176666391,3054,9726,27720.8%
2018 [45] 7447481,4925,7867,27820.5%
Total2,4542,6335,08718,00323,09022.0%

Same-sex marriage

The first attempts to legalise same-sex marriage where made after the legality of its prohibition was challenged in different national and international courts.

Chile's Constitutional Court heard arguments on 28 July 2011 regarding the constitutionality of Article 102 of the Civil Code, which banned same-sex marriage, [46] but ruled in a 9–1 vote on November 3 that the ban was not unconstitutional. [47]

In 2012, a lawsuit was filed with the Inter-American Court of Human Rights arguing that Chile's same-sex marriage ban was a violation of the American Convention on Human Rights and Chile's international obligations. The Piñera Government stated its opposition to the suit in 2013.

On 10 June 2016, the Third Chamber of the Court of Appeals of Santiago rejected another lawsuit filed by MOVILH. The court ruled that as Chilean legislation didn't permit same-sex marriages, as such the Civil Registry cannot marry same-sex couples. It also stated that the opening of marriage to same-sex couples should be a decision for Congress, not the courts. [48]

In December 2018, the Supreme Court of Chile recognised marriage as a fundamental right, in a case legal experts suggested may pave the way for same-sex marriage. [49] Shortly after the ruling, a same-sex couple filed suit against the ban on same-sex marriage, arguing that it was unconstitutional and a violation of human rights. [50] On 26 April 2019, after the Supreme Court referred the case back to the Santiago Court of Appeals due to a probable constitutional violation, the latter ruled that denying the couple a marriage license was not illegal. [51] The plaintiffs appealed the ruling to the Supreme Court. [52] However, the appeal wasn't accepted.

Agreement under the Inter-American Commision of Human Rights

President Michelle Bachelet introduces the same-sex marriage bill to Congress. La Presidenta Michelle Bachelet firma proyecto de ley de Matrimonio Igualitario (36474633420).jpg
President Michelle Bachelet introduces the same-sex marriage bill to Congress.

Even though other presidential candidates have announced their support to same-sex marriage before, Michelle Bachelet was the first candidate with real chances of winning an election that declared its support. On 11 April 2013, she announced her intentions to legalise same-sex marriage if elected president in the November 2013 presidential elections. Bachelet, who was previously president of Chile between 2006 and 2010, won the election on 15 December 2013. [53]

After Bachelet's inauguration in March 2014, LGBT rights group MOVILH announced that they would seek an amicable solution to the lawsuit presented to the Inter-American Court of Human Rights in 2012. On 10 December 2014, a group of senators from various parties presented a bill to allow same-sex marriage and adoption to the National Congress of Chile, with the support of MOVILH. [54] On 17 February 2015, lawyers representing the government and MOVILH met to discuss the case, and the government announced that they would drop their opposition to same-sex marriage. [55] A formal agreement between the two parties and the Inter-American Commission of Human Rights was finally signed in April 2015. [55]

On 1 July 2016, the Bachelet government announced that it would begin consultations on a same-sex marriage bill in September 2016, with the aim of finalising it by mid-2017 and said it views a ban on same-sex marriage as a human rights violation. [56] [57] President Bachelet stated before a United Nations General Assembly panel in September 2016 that the Chilean Government would submit a same-sex marriage bill to Congress "in the first half of 2017." [58] In June 2017, she announced in a speech to Congress that the bill would be introduced in the second half of 2017. [59] It was later confirmed that the bill would grant married same-sex couples equal adoption rights. [60] The bill was sent to the Congress on 28 August 2017, [61] [62] before being submitted to the Senate on 5 September and referred to the Constitution, Legislation, Justice and Regulation committee. [63] [64]

On 19 November 2017, Chile held parliamentary elections and the first round of the presidential election. According to newspaper La Tercera and local LGBT activists, a majority of the newly elected Chamber of Deputies and the Senate were in favour of same-sex marriage. [65] [66] The Constitution, Legislation, Justice and Regulation committee of the Senate began examining the bill on 27 November 2017. [67] [68] Two days prior, an estimated 100,000 people marched in Santiago in favour of the bill's passage. Participants included many lawmakers and diplomats, including presidential candidate Alejandro Guillier. [69]

On 17 December 2017, Sebastián Piñera was re-elected president. [70] Though personally opposed to same-sex marriage, Piñera stated that he would respect the April 2015 agreement with the Inter-American Commission of Human Rights, saying that "Chile's international commitments will be fulfilled". [71] In the wake of a January 2018 Inter-American Court of Human Rights ruling requiring signatory nations to the American Convention on Human Rights to recognize same-sex marriage, MOVILH urged Piñera to implement and abide by the decision. [72] In early March 2018, a spokesperson for the Piñera Administration announced that passing the same-sex marriage bill would not be a priority, but that the Piñera Government would not veto or oppose it. [71] [73]

In early April 2018, the Inter-American Commission of Human Rights summoned the Chilean Government to a meeting to discuss the status of the measures included in the agreement reached in April 2015. The meeting took place in the Dominican Republic on 3 May 2018. The government informed the Commission of the situation as to the same-sex marriage bill, and what position it intended to take, [74] stating that it would continue to respect the April 2015 agreement. [75] On 17 May 2018, the International Day Against Homophobia, Transphobia and Biphobia, Piñera signed the agreement, and pledged to continue the work of the previous administration in legalising same-sex marriage. [76]

Parliamentary debate and approval

Committee debate on the same-sex marriage bill resumed on 9 January 2019, and continued in May. [77] [78] In May 2019, Senate president Jaime Quintana said that the same-sex marriage bill, along with a bill permitting same-sex couples to adopt, would have priority in the Senate agenda. [79] [80] In July 2019, upon assuming his role as chairman of the Constitution Committee, Senator Felipe Harboe (PPD) began fast-tracking the procedure of the same-sex marriage bill, as opposition parties announced their intention to push for debate in Congress before going into recess in February 2020. [81] On 15 January 2020, the bill was approved at its first reading in the Senate by 22 votes to 16, and was sent to the Senate Constitutional Commission. [82] In October 2020, it was reported that the commission had approved 29 of the articles in the bill, with 27 remaining to be approved. [83]

On 1 June 2021, during his last annual address to the National Congress, Piñera announced that his government would support the bill and place urgency on bringing it forward to a vote. [1] [2]

On 21 July 2021, the Senate approved the legislation by 28 votes to 14. The bill then moved to Committee in the Chamber of Deputies. [84] [85] On 13 October 2021, the bill was approved by the Constitutional Committee of the Chamber of Deputies. On 2 November 2021, the bill was approved by the Finance Committee of the Chamber of Deputies. On 23 November 2021, the Chamber of Deputies approved an amended version of the bill by 101 votes to 30. [86] As it was modified by the Chamber of Deputies, the Senate Constitutional Committee decided to send the bill to a joint committee of both houses due to disagreements. [87] [88] [89] [90] On 6 December, the joint committee voted 7-2 in favor of the Chamber version of the bill with modifications, including a compromise provision that spouses of transgender people wishing to change their name and legal sex should first be consulted as to whether they wish to seek a divorce, which was criticised by MOVILH as transphobic [91] .

Finally, the joint committee's bill was passed by both houses on 7 December, with the Senate voting 21-8-1 and the Chamber voting 82-20-2 in support. The bill went to President Piñera for his signature. [3] [4]

21 July 2021 vote in the Senate of Chile [92]
PartyIn FavorAgainstAbsent/Did not vote
  Independent Democratic Union (UDI) (9)-
8
  • Claudio Alvarado A.
  • José Miguel Durana S.
  • Luz Eliana Ebensperger O.
  • Alejandro García Huidobro S.
  • Iván Moreira B.
  • David Sandoval P.
  • Jacqueline Van Rysselberghe H.
  • Ena Von Baer J.
1
  • Juan Antonio Coloma C.
  National Renewal (RN) (7)
3
  • Rodrigo Galilea V.
  • Rafael Prohens E.
  • Marcela Sabat F.
4
  • Juan Castro P.
  • Francisco Chahuán C.
  • José García R.
  • Manuel José Ossandón I.
-
  Socialist Party of Chile (PS) (7)
7
  • Isabel Allende B.
  • Alfonso De Urresti L.
  • Alvaro Elizalde S.
  • José Miguel Insulza S.
  • Juan Pablo Letelier M.
  • Carlos Montes C.
  • Rabindranath Quinteros L. (Vice-President of the Senate)
––
  Party for Democracy (PPD) (6)
6
  • Loreto Carvajal A.
  • Guido Girardi L.
  • Ricardo Lagos W.
  • Adriana Muñoz D`Albora
  • Jaime Quintana L.
  • Jorge Soria Q.
––
  Christian Democratic Party (PDC) (5)
5
  • Carolina Goic B.
  • Francisco Huenchumilla J.
  • Jorge Pizarro S.
  • Yasna Provoste C. (President of the Senate)
  • Ximena Rincón G.
--
  Evópoli (EP) (1)
1
  • Felipe Kast S.
--
  Democratic Revolution (RD) (1)
1
  • Juan Ignacio Latorre R.
--
  Progressive Party (PRO) (1)
1
  • Alejandro Navarro B.
--
  Independents (6)
4
2
  • Carmen Gloria Aravena A.
  • Kenneth Pugh O.
–
Total28141
23 November 2021 vote in the Chamber of Deputies of Chile [93]
PartyIn FavorAgainstAbstainedAbsent/Did not vote
  National Renewal (RN) (33)
12
  • Bernardo Berger
  • Andrés Celis
  • Sofía Cid
  • Jorge Durán
  • Tomás Andrés Fuentes
  • Andrés Longton
  • Karin Luck
  • Camilo Morán
  • Paulina Núñez
  • Diego Paulsen
  • Hugo Rey
  • Sebastián Torrealba
16
  • José Miguel Castro
  • Catalina Del Real
  • Eduardo Durán
  • Francisco Eguiguren
  • Camila Flores
  • René Manuel García
  • Harry Jürgensen
  • Carlos Kuschel
  • Miguel Mellado
  • Francesca Muñoz
  • Ximena Ossandón
  • Leopoldo Pérez
  • Jorge Rathgeb
  • Leonidas Romero
  • Frank Sauerbaum
  • Diego Schalper
1
  • Aracely Leuquén
4
  • Gonzalo Fuenzalida
  • Ramón Galleguillos
  • Luis Pardo
  • Alejandro Santana (Paired)
  Independent Democratic Union (UDI) (26)
13
  • Jorge Alessandri
  • Pedro Pablo Álvarez-Salamanca
  • Nora Cuevas
  • Juan Fuenzalida
  • Sergio Gahona
  • Cristian Labbé
  • Joaquín Lavín
  • Javier Macaya
  • Juan Manuel Masferrer
  • Nicolás Noman
  • Gustavo Sanhueza
  • Renzo Trisotti
  • Osvaldo Urrutia
11
  • Nino Baltolu
  • Ramón Barros
  • Sergio Bobadilla
  • Juan Antonio Coloma
  • Javier Hernández
  • Cristhian Moreira
  • Iván Norambuena
  • Guillermo Ramírez
  • Rolando Rentería
  • Enrique Van Rysselberghe
  • Gastón Von Mühlenbrock
1
  • María José Hoffmann
1
  • Celso Morales
  Socialist Party of Chile (PS) (17)
16
  • Jenny Álvarez
  • Juan Luis Castro
  • Daniella Cicardini
  • Maya Fernández
  • Marcos Ilabaca
  • Raúl Leiva
  • Manuel Monsalve
  • Jaime Naranjo
  • Emilia Nuyado
  • Luis Rocafull
  • Gastón Saavedra
  • Raúl Saldívar
  • Juan Santana
  • Marcelo Schilling
  • Leonardo Soto
  • Jaime Tohá
--
1
  • Fidel Espinoza
  Christian Democratic Party (PDC) (12)
7
  • Gabriel Ascencio
  • Iván Flores
  • José Miguel Ortiz
  • Gabriel Silber
  • Víctor Torres
  • Daniel Verdessi
  • Matías Walker
1
  • Jorge Sabag
-
4
  • Miguel Ángel Calisto
  • Manuel Matta
  • Joanna Pérez
  • Mario Venegas
  Communist Party of Chile (PCCh) (9)
8
  • Boris Barrera
  • Karol Cariola
  • Carmen Hertz
  • Amaro Labra
  • Rubén Moraga
  • Marisela Santibáñez
  • Guillermo Teillier
  • Camila Vallejo
--
1
  • Daniel Núñez
  Party for Democracy (PPD) (7)
7
  • Ricardo Celis
  • Cristina Girardi
  • Rodrigo González
  • Tucapel Jiménez
  • Carolina Marzán
  • Andrea Parra
  • Patricia Rubio
---
  Democratic Revolution (RD) (6)
5
  • Jorge Brito
  • Miguel Crispi
  • Giorgio Jackson
  • Catalina Pérez
  • Marcela Sandoval
--
1
  • Maite Orsini
  Evópoli (EP) (6)
5
  • Luciano Cruz-Coke
  • Pablo Kast
  • Sebastián Keitel
  • Andrés Molina
  • Francisco Undurraga
--
1
  • Sebastián Álvarez
  Radical Party of Chile (PR) (4)
2
  • Cosme Mellado
  • Alexis Sepúlveda
--
2
  • Marcela Hernando
  • José Pérez
  Social Convergence (CS) (4)
4
  • Gabriel Boric
  • Diego Ibáñez
  • Gonzalo Winter
  • Gael Yeomans
---
  Social Green Regionalist Federation (FREVS) (3)
1
  • Alejandra Sepúlveda
--
2
  • Jaime Mulet
  • Esteban Velásquez
  Liberal Party of Chile (PL) (2)
2
  • Alejandro Bernales
  • Vlado Mirosevic
---
  Commons (Chile) (2)
1
  • Camila Rojas
--
1
  • Claudia Mix (Paired)
  Republican Party (Chile) (PLR) (2)-
2
  • Ignacio Urrutia
  • Cristóbal Urruticoechea
--
  Humanist Party (Chile) (PH) (1)
1
  • Pamela Jiles
---
  Green Ecologist Party (Chile) (PEV) (1)
1
  • Félix González
---
  Independents (20)
16
  • Florcita Alarcón
  • Pepe Auth
  • Karim Bianchi
  • Álvaro Carter
  • Natalia Castillo
  • Marcelo Díaz
  • Tomás Hirsch
  • Carlos Abel Jarpa
  • Pablo Lorenzini
  • Erika Olivera
  • Pablo Prieto
  • Patricio Rosas
  • René Saffirio
  • Raúl Soto
  • Virginia Troncoso
  • Pablo Vidal
--
4
  • René Alinco
  • Sandra Amar
  • Fernando Meza
  • Pedro Velásquez
Total10130222 (including 2 who has paired)

Efforts to include same-sex unions in constitution

In October 2020, Chile voted in a national plebiscite to rewrite its constitution. In a May 2021 election, voters elected the members of the Constitutional Convention, the body tasked with writing the new constitution. [94] LGBT groups are hopeful that same-sex marriage and adoption rights for same-sex couples will be enshrined in this new constitution, [95] particularly as the centre-right governing coalition Chile Vamos failed to reach the third of members needed to veto in the Convention.

Attempts to ban same-sex unions

In response to the proposed legislation to recognize same-sex unions and potential legal battles brewing in the country's Constitutional Court, members of Chile's Independent Democrat Union (UDI) introduced a constitutional amendment on 11 August 2011 seeking to define marriage as the union of a man and a woman, [96] but the bill never reached a vote.

On 16 June 2016, two UDI MPs introduced a bill to amend the Constitution of Chile to ban same-sex marriage and prohibit same-sex couples from adopting. [97] The measure was not successful.

Public opinion

Evolution of public opinion in Chile regarding same-sex marriage, 2014-2021. The graph shows the percentage of people agreeing to the question: "Do you agree or disagree that same-sex couples should have the right to marry?", according to CADEM Plaza Pública. [98]

An April 2009 poll concluded that only 33.2% of Chileans were in favor of allowing same-sex couples to be married, with 65.2% opposed. [99] However, support among young people was much higher: according to a study by the National Youth Institute of Chile, 56% of people aged between 15 and 29 supported same-sex marriage, while 51.3% supported same-sex adoption. [100] [101]

A July 2011 nationwide CEP (Centro de Estudios Públicos) poll found that 52% of Chileans were in favor of granting legal rights to same-sex unions: 18% supported granting civil marriage to same-sex couples, while 34% preferred giving same-sex couples a "legal union". When the question was slightly rephrased, 57% of Chileans were against same-sex marriage where "the same rights as a heterosexual couple are guaranteed" and 27% in favor, while support for a "legal union" of same-sex couples was higher at 35%, with 57% against. In all questions, support for same-sex unions was higher among the younger and better educated. In the case of adoption of children by a lesbian couple, 24% were in favor and 61% against. Support was lower for male gay couples: 20% in favor and 64% against. [102]

An August 2012 poll by Radio Cooperativa – Imaginaccion found that 54.9% of Chileans supported same-sex marriage, while 40.7% were opposed. [103]

According to a Pew Research Center survey conducted between November 11 and December 16, 2013, 46% of Chileans supported same-sex marriage, while 42% were opposed. [104] [105]

According to the Chilean pollster Cadem Plaza Pública, at the end of 2014, 55% of Chileans were in favour of same sex-marriage, whilst 39% were against. [106]

A poll carried out in September 2015 by the aforementioned Cadem Plaza Pública found that 60% of Chileans supported same-sex marriage. Opposition stood at 36%. [107] This pollster's 2016 survey found 61% support and 36% opposition. [108] A further poll carried out in July 2017 by the same organisation found support at 61% and opposition at 32%. [109]

A 2016 International Civic and Citizenship Education Study poll, published in April 2018, found that 79% of Chilean eighth graders (13–14-year-olds) supported same-sex marriage. The study also included four other Latin American countries, of which Chile had the highest level of support: Mexico was at 78%, Colombia at 63%, Peru at 48% and the Dominican Republic at 38%. Chile's was a 21% increase from 2009. [110]

The 2017 AmericasBarometer showed that 59% of Chileans supported same-sex marriage. [111]

A poll conducted for Radio Cooperativa – Imaginaccion between 24 and 27 August 2017, found that 62.2% of Chileans supported same-sex marriage, 34.8% were against. In the same poll, 47% supported same-sex adoption, while 51.2% were against. [112]

A poll carried out by Cadem Plaza Pública in April 2018 put support for same-sex marriage at 64% and opposition at 34%. 2% were unsure or had refused to answer. [113] Support and opposition to same-sex adoptions both stood at 49%. In 2019, the pollster showed that support had increased to 66%, with 54% also in favour of permitting same-sex couples to adopt. [114] In 2020, support for same-sex marriage reached 74% and for adoption rights 61%. [115]

See also

Notes

  1. ↑ Spanish: tribunales de familia; [31] Mapudungun: norümpeyüm reñma; [32] Aymara: wilamasinakar arxatir uta; [33] Quechua: yawar masikunamanta apukuna; [34] Rapa Nui: hare ture o te hua’ai. [35]
  2. ↑ The region of Ñuble was created from the northern portion of the Bío Bío region in September 2018, only a few weeks before these numbers were published. In comparison, four opposite-sex civil unions were registered in the region as of October 2018.

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In Mexico, only civil marriages are recognized by law, and all its proceedings fall under state legislation. By court order, all states in Mexico either allow the performance of same-sex marriages, or recognize such marriages when performed in other states. Same-sex marriage is performed in Mexico City and in the states of Aguascalientes, Baja California, Baja California Sur, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Hidalgo, Jalisco, Michoacán, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Sonora and Tlaxcala as well as in certain municipalities in Guerrero and Zacatecas. It is pending publication and being prepared for legislation in Yucatán. Legislation is under consideration in several other states. Altogether, 65% of the Mexican population live in states and municipalities that perform same-sex marriage. In addition, courts in all states must approve marriage licenses for same-sex couples when petitioned to do so; as a result individual same-sex marriages have occurred in every state.

Same-sex marriage in Costa Rica has been legal 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.

Same-sex marriage in Colombia has been legal since 28 April 2016, when the Constitutional Court of Colombia ruled by a 6-3 vote that banning same-sex marriage was unconstitutional under the Colombian Constitution of 1991. The first same-sex marriage to be performed in the country following the ruling occurred on 24 May 2016. The country has also recognised same-sex de facto unions since 2007.

Recognition of same-sex unions in the Americas is widespread, with a majority of people in both North America and South America living in jurisdictions providing marriage rights to LGBT citizens.

Same-sex marriage has been legal in the Mexican state of Chihuahua since 12 June 2015, as a result of a decree by Governor César Duarte Jáquez. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Chihuahua, more than 20 individual amparos (injunctions) were decided with the same outcome, yet the Congress did not act. In anticipation of the Supreme Court of Justice of the Nation ordering the Congress to act, the Governor announced there would be no further prohibition in the state.

Same-sex marriage became legal in the Mexican state of Campeche on 20 May 2016. In April 2016, Governor Alejandro Moreno Cárdenas submitted a same-sex marriage bill to Congress, which was approved on 10 May.

Same-sex marriage is legal in the Mexican state of Chiapas, following a ruling by the Mexican Supreme Court on 11 July 2017.

Same-sex marriage became legal in the Mexican state of Morelos on 5 July 2016. A bill to amend the state Constitution to legalize same-sex marriage passed the state Congress on 18 May 2016 by 20 votes to 6. Ratification by a majority of the state's 33 municipalities was confirmed on 27 June 2016. The law was published in the official state gazette on 4 July 2016 and took effect the following day.

Same-sex marriage in Querétaro has been legal since 13 November 2021. On 22 September 2021, the state Congress passed a law legalizing same-sex marriage in Querétaro. The law was published in the state's official gazette on 12 November, and took effect the following day. Previously, same-sex couples could marry in eight of the eighteen municipalities of Querétaro, comprising 60% of the state's population, despite a state law prohibiting same-sex marriage.

Same-sex marriage in Puebla is legal following a ruling on 1 August 2017 by the Supreme Court of Justice of the Nation. The Supreme Court ruled that the same-sex marriage ban containted in the state's Civil Code violated Articles 1 and 4 of the Constitution of Mexico, legalizing same-sex marriage in the state of Puebla. The ruling was officially published in the Official Journal of the Federation on 16 February 2018.

Same-sex marriage in Tlaxcala has been legal since 25 December 2020. Legislation to legalise same-sex marriage passed the Congress of Tlaxcala on 8 December 2020 by a vote of 16–3, and came into force on 25 December. Tlaxcala has also recognised civil unions, which grant several of the rights and benefits of marriage, for both opposite-sex and same-sex couples since 12 January 2017.

Same-sex marriage is legal in the Mexican state of Nuevo León, following a ruling by the Supreme Court of Justice of the Nation (SCJN) on 19 February 2019 striking down the state's ban on same-sex marriage as a violation of the Constitution of Mexico.

Same-sex marriage legalization is not universal in the Mexican state of Zacatecas. Five municipalities issue same-sex marriage licenses, comprising about a quarter of the state population. A bill seeking to legalize same-sex marriage statewide failed in the Congress of Zacatecas on 14 August 2019.

Same-sex marriage is legal in the Mexican state of Aguascalientes. On 2 April 2019, the Supreme Court of Justice of the Nation ruled that articles of the state's Civil Code that banned same-sex marriages violated Articles 1 and 4 of the Constitution of Mexico. The ruling came into effect upon publication in the Official Gazette of the Federation on 16 August 2019.

Same-sex marriage in Hidalgo has been legal since 11 June 2019. A bill for the legalization of same-sex marriages in Hidalgo was approved by the state Congress on 14 May 2019. It was published in the official state journal on 10 June and took effect the following day.

Same-sex marriage in San Luis Potosí has been legal since 21 May 2019. The state Congress approved a bill to legalize same-sex marriage in San Luis Potosí on 16 May 2019. It was signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day.

Same-sex marriage in Baja California Sur has been legal since 29 June 2019. On 27 June, the state Congress passed a bill legalizing same-sex marriage in the state of Baja California Sur. The bill was published in the official state gazette on 28 June and took effect the following day.

Same-sex marriage in Veracruz is currently not legal. Veracruz has recognised gender-neutral cohabitation, granting same-sex cohabitating couples all the rights and obligations of marriage including adoption, since 11 June 2020.

Same-sex marriage has been legal in the Mexican state of Sinaloa since 30 June 2021. On 12 June 2021, following years of delay and reluctance by the Congress of Sinaloa, a federal court ordered legislators to pass a same-sex marriage law by 15 June, in accordance with jurisprudence established by the Supreme Court of Justice of the Nation. Subsequently, same-sex marriage legislation passed Congress unanimously on 15 June. It was published in the official state journal on 29 June, and entered into force the following day. Sinaloa became the 20th Mexican state to legalize same-sex marriage.

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