Recognition of same-sex unions in Paraguay

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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. [1]

Contents

Civil unions and limited rights

Paraguay does not recognize civil unions (Spanish : unión de hecho; pronounced [uˈnjondeˈetʃo] ; Guarani : jeiko oñondive, [2] pronounced [ᵈjeiˈkooɲoⁿdiˈʋe] ). The Constitution of Paraguay recognizes de facto unions with similar legal rights to marriage, but only for opposite-sex couples. Article 51(2) of the Constitution states: [3]

A de facto union between a man and a woman, having no legal impediments to getting married and being characterized by stability and monogamy, produces a similar effect to that of a legal marriage, in accordance with the provisions established by law.

In August 2011, Itaipu Binacional, the company operating the Itaipu Dam, decided to recognize the same-sex partners of employees for the purpose of private health insurance benefits, if the couples had been together for at least six months. An official working for the company said that the measure was for the sole purpose of including same-sex partners as beneficiaries of private health insurance for employees. [4]

Same-sex marriage

Recognition of same-sex unions in South America .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Marriage Other type of partnership Country subject to IACHR advisory opinion Unrecognized Constitution limits marriage to opposite-sex couples Same-sex sexual activity illegal, though penalties not enforced v t e State recognition of same-sex relationships (South America).svg
Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR advisory opinion
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

Background

Article 140 of the Civil Code of Paraguay expressly prohibits marriage between persons of the same sex. [5] In July 2010, following the legalisation of same-sex marriage in Argentina, the LGBT organization SOMOSGAY announced its intention to advocate for a same-sex marriage bill in the Congress of Paraguay. In May 2017, presidential candidate Santiago Peña of the ruling Colorado Party announced his support for same-sex marriage. [6] [7] He was criticised by many deputies, as well as President Horacio Cartes. [8] In 2013, Cartes was quoted as saying that he would "shoot a bullet into his testicles were his son to express interest in marrying another man." [9] [10] In March 2019, with 24 votes in favor, the Senate of Paraguay approved a draft declaration stating that it was "pro-life and pro-family", expressing opposition to same-sex marriage and abortion. The move was criticised by many lawmakers, who argued that the state is secular and cannot impose moral principles or values linked to religion. [11] While running for president in the April 2023 election, Peña expressed opposition to same-sex marriage, [12] as did his main opponent, Efraín Alegre. [13]

In 2013, Simón Cazal and Sergio López, Paraguayan nationals who had legally married in Argentina in March 2012, attempted to register their marriage in Paraguay. Their request was rejected, and they filed a legal challenge to have the marriage recognized. [14] However, the lawsuit was dismissed on 4 April 2013, with the judge ruling that the Paraguayan Constitution does not recognize same-sex marriages. [15] [16] [17] Media has reported other couples who had married abroad in Argentina, Costa Rica or Spain being denied recognition in Paraguay, including the ability of a foreign partner to obtain a residence permit. [18]

In September 2023, a same-sex couple, Beto Leiva and Felipe Rojas, held a symbolic marriage ceremony at the Alta Gracia Parque Hotel in Caacupé. The marriage lacks legal recognition, and the ceremony was labelled as "outrageous" on the front pages of national newspapers. [19] [20]

Constitutional wording

Since 1992, the Constitution of Paraguay has limited marriage to "one man and one woman". [3] Article 51(1), entitled "Legal Marriages and the Effects of De Facto Unions", states:

The law will establish the formalities to be observed for the marriage between a man and a woman, the requirements for contracting it, and the causes for separation or dissolution and its effects, as well as property management provisions and other rights and obligations between spouses. [lower-alpha 1]

Article 52, entitled "Union in Marriage", states:

The union in marriage by a man and woman is one of the fundamental factors in the formation of a family. [lower-alpha 2]

2018 Inter-American Court of Human Rights advisory opinion

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". [22] [23] The advisory opinion states that: [24] [25]

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.

Paraguay ratified the Convention on 24 August 1989 and recognized the court's jurisdiction on 11 March 1993. [26]

On 12 January 2018, SOMOSGAY announced its intention to file a petition with the Supreme Court of Justice to legalize same-sex marriage in Paraguay, [27] citing the IACHR opinion. [28] [29] Government officials reacted negatively to the opinion, with some opponents also falsely claiming that it did not apply to Paraguay. [30] [31] Mario Abdo Benítez said in March 2018 that he would veto any same-sex marriage bill passed by Congress if elected president in the April 2018 election, which he subsequently won. [32]

Public opinion

According to a Pew Research Center survey conducted between 26 November 2013 and 8 January 2014, 15% of Paraguayans supported same-sex marriage, while 81% were opposed. [33] [34]

The 2017 AmericasBarometer found that 26% of Paraguayans supported same-sex marriage. [1]

See also

Notes

  1. ↑ In the official languages of Paraguay:
    • in Spanish: La ley establecerá las formalidades para la celebración del matrimonio entre el hombre y la mujer, los requisitos para contraerlo, las causas de separación, de disolución y sus efectos, así como el régimen de administración de bienes y otros derechos y obligaciones entre cónyuges.
    • in Guarani: Léipe oĩva'erã mba'éichapa ojejapóta omenda hag̃ua kuimba'e kuña ndive, mba'épa oñekotevẽta upevarã, mba'éichapa ikatu ojueja jey hikuái, ha oparei jeýrõpa mba'e hapykuere; oĩva'erã avei léipe mba'éichapa ojeporúta mba'e oguerekóva hikuái; he'íva'erã avei mba'e mba'épa hembiaporã katu ha hembiaporã tee mokõivéva. [21]
  2. ↑ In the official languages of Paraguay:
    • in Spanish: La unión en matrimonio del hombre y la mujer es uno de los componentes fundamentales en la formación de la familia.
    • in Guarani: Kuimba'e ha kuña joaju, menda rupigua, ha'e ñemoñanga yta tee peteĩva ha tenondetegua. [21]

Related Research Articles

Same-sex marriage has been legal in Chile since 10 March 2022. The path to legalization began in June 2021 when President Sebastián Piñera announced his administration's intention to sponsor a bill for this cause. The Chilean Senate passed the legislation on 21 July 2021, followed by the Chamber of Deputies on 23 November 2021. Due to disagreements between the two chambers of the National Congress on certain aspects of the bill, a mixed commission was formed to resolve these issues. A unified version of the bill was approved on 7 December 2021. President Piñera signed it into law on 9 December, and it was published in the country's official gazette on 10 December. The law took effect 90 days later, and the first same-sex marriages occurred on 10 March 2022. Chile was the sixth country in South America, the seventh in Latin America and the 29th in the world to legalize same-sex marriage.

<span class="mw-page-title-main">Same-sex marriage in Mexico</span>

Same-sex marriage is legally recognized and performed throughout Mexico since 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country. Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.

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.

<span class="mw-page-title-main">LGBTQ rights in Panama</span>

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.

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.

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.

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.

<span class="mw-page-title-main">LGBTQ rights in Paraguay</span>

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 marriage has been legal in Chiapas in accordance with a Supreme Court ruling issued on 11 July 2017 that the ban on same-sex marriage violated the equality and non-discrimination provisions of Articles 1 and 4 of the Constitution of Mexico. The ruling, published in the Official Journal of the Federation on 11 May 2018, legalized same-sex marriage in the state of Chiapas.

Same-sex marriage has been legal in Morelos since 5 July 2016. A bill to amend the State Constitution to legalize same-sex marriage in Morelos passed 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 has been legal in Querétaro since 13 November 2021. On 22 September 2021, the Legislature of Querétaro passed a law legalizing same-sex marriage. 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 is legal in Puebla in accordance with a ruling from the Supreme Court of Justice of the Nation. On 1 August 2017, 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 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.

Same-sex marriage is legal in Nuevo León in accordance with a ruling from the Supreme Court of Justice of the Nation issued on 19 February 2019 that the state's ban on same-sex marriage violated the Constitution of Mexico. The ruling came into effect on 31 May 2019 upon publication in the Official Journal of the Federation. 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 Nuevo León, almost 20 amparos were decided with the same outcome, yet the state did not act. On 19 February 2019, the Supreme Court issued a definitive ruling in an action of unconstitutionality, declaring the state's same-sex marriage ban unconstitutional, void and unenforceable.

Same-sex marriage has been legal in Zacatecas since 30 December 2021. On 14 December 2021, the Congress of Zacatecas passed a same-sex marriage bill by 18 votes to 10. The legislation was published in the official state gazette on 29 December, and came into force the following day. Prior to statewide legalisation, five municipalities of Zacatecas issued marriage licenses to same-sex couples despite a state ban, comprising about a quarter of the state population. These five municipalities were Zacatecas, Cuauhtémoc, Villanueva, Miguel Auza and Fresnillo.

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

Same-sex marriage has been legal in Yucatán since 4 March 2022. On 25 August 2021, the Congress of Yucatán removed a constitutional ban on same-sex marriages. The new law entered into force on 7 September 2021. Congress had 180 days to change statutory law to accommodate same-sex marriage, and did so unanimously on 1 March. The law took effect three days later, and made Yucatán the 25th Mexican state to legalize same-sex marriage.

References

  1. 1 2 "Cultura Política de la Democracia en la República Dominicana y en las Américas, 2016/17" (PDF).
  2. ↑ "Mbaretejeporu Género-re" (PDF). Ministry of Women, Genders and Diversity of Argentina (in Guarani). Retrieved 29 May 2024.
  3. 1 2 "Paraguay: Constitución de 1992". pdba.georgetown.edu (in Spanish).
  4. ↑ "Parejas de homosexuales son beneficiadas por seguro médico en Itaipú". ABC Color. 12 August 2011. Archived from the original on 2 February 2017. Retrieved 27 January 2017.
  5. ↑ "ARTICULO 140 del Código Civil de Paraguay". www.notarfor.com.ar (in Spanish). Retrieved 23 January 2017.
  6. ↑ "Peña se retracta sobre el matrimonio igualitario". ultimahora.com.
  7. ↑ ""El matrimonio igualitario es inmoral" - Nacionales - ABC Color". www.abc.com.py.
  8. ↑ Blair, Laurence (30 March 2017). "Paraguay fears dictatorship as president moves to amend constitution". The Guardian.
  9. ↑ "Me pego un tiro en las bolas". Hoy (in Spanish).
  10. ↑ "Horacio Cartes: Millionaire. Criminal. Business titan". The Independent. 19 April 2013.
  11. ↑ "Cámara de Senadores se declara provida y profamilia". Radio Marandú (in Spanish). 22 March 2019. Archived from the original on 25 March 2019.
  12. ↑ "Paraguay: Mujeres y LGBT, otra vez postergados en elecciones". Infobae (in Spanish). 29 April 2023.
  13. ↑ "Efraín, en contra el matrimonio igualitario y aborto". El Nacional (in Spanish). 21 March 2023.
  14. ↑ "A 10 años del primer matrimonio igualitario de turistas, Simón y Sergio van por su reconocimiento". El Ciudadano. 2022-03-21. Archived from the original on 2022-03-21. Retrieved 2023-04-13.
  15. ↑ "Paraguay no autoriza registro de matrimonio gay". El Siglo de Torreón . 2013-04-04. Archived from the original on 2023-04-14. Retrieved 2023-04-14.
  16. ↑ Feder, J. Lester (12 June 2015). "Pope Francis Will Hold His First Public Meeting With A Married Gay Activist". Buzzfeed News.
  17. ↑ "Derechos LGBT en Paraguay: ¿matrimonio igualitario a la vista?". ABC (in Spanish). 28 June 2024.
  18. ↑ "Matrimonio igualitario: cuatro historias de parejas paraguayas para las que el amor fue más fuerte". ABC (in Spanish). 28 June 2024.
  19. ↑ "Indignante celebración de casamiento gay en Caacupé". RCC (in Spanish). 4 September 2023.
  20. ↑ "Paraguayos celebran su boda y en redes "estallan"". HOY (in Spanish). 5 September 2023.
  21. 1 2 "Constitución de Paraguay en Guaraní". guaraniayvu.org. Retrieved 3 April 2024.
  22. ↑ Pretel, Enrique Andres (January 10, 2018). "Latin American human rights court urges same-sex marriage legalization". Reuters. Archived from the original on June 2, 2020. Retrieved January 12, 2018.
  23. ↑ Chinchilla, Sofía; Cambronero, Natasha (January 9, 2018). "Corte Interamericana ordena abrir la puerta al matrimonio gay en Costa Rica" (in Spanish). La Nación. Archived from the original on June 2, 2020. Retrieved June 2, 2020.
  24. ↑ "Opinión Consultiva OC-24/17 de 24 de Noviembre de 2017 Solicitada por la República de Costa Rica" (PDF) (in Spanish). Inter-American Court of Human Rights. Archived (PDF) from the original on June 2, 2020. Retrieved June 2, 2020.
  25. ↑ Contesse, Jorge (July 26, 2018). "The Inter-American Court of Human Rights' Advisory Opinion on Gender Identity and Same-Sex Marriage". American Society of International Law. Archived from the original on June 5, 2020. Retrieved June 5, 2020.
  26. ↑ "Annual Report of the IACHR 2001 - Annex III". cidh.org (in Spanish).
  27. ↑ "LGTBI anuncia presión a Corte para aceptar unión igualitaria y habrá 'guerra'". Hoy. 12 January 2018. Archived from the original on 14 January 2018. Retrieved 14 January 2018.
  28. ↑ "Inter-American Court endorses same-sex marriage; Costa Rica reacts". Tico Times. Retrieved 12 January 2018.
  29. ↑ Andres Pretel, Enrique. "Latin American human rights court urges same-sex marriage legalization" . Retrieved 12 January 2018.
  30. ↑ "Matrimonio igualitario: Sugieren adecuar leyes". ultimahora.com.
  31. ↑ "Opinión de Corte IDH sobre matrimonio igualitario no afecta a Paraguay". www.ultimahora.com.
  32. ↑ "Mario Abdo Benítez wins Paraguay's presidential election". BBC News. 23 April 2018.
  33. ↑ "Social Attitudes on Moral Issues in Latin America - Pew Research Center". Pew Research Center's Religion & Public Life Project. 13 November 2014. Retrieved 9 July 2015.
  34. ↑ "Appendix A: Methodology". Pew Research Center's Religion & Public Life Project. 13 November 2014. Retrieved 9 July 2015.
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