Same-sex marriage in Brazil

Last updated

Same-sex marriage has been legal in Brazil since 16 May 2013 in accordance with a decision from the National Justice Council, [1] [2] ordering notaries of every state to license and perform same-sex marriages. [3] [4] Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so.

Contents

Same-sex unions had already been legally recognized in Brazil in the form of stable unions in line with a ruling from the Supreme Federal Court of May 5, 2011. These unions are granted most of the rights of marriages, including adoption, welfare benefits, pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, IVF and surrogacy. The ruling was published on 12 May and took effect on 13 May 2011. [5] [6]

On October 25, the Superior Court of Justice ruled that two women can legally marry. Differently from the U.S. Supreme Court's "stare decisis", the Superior Court decision would only reach the authors of the demand, but stood as a precedent that could be followed in similar cases. It is the highest court in Brazil to uphold a same-sex marriage. It overturned two lower courts' rulings against the women. The Court ruled that the Constitution guarantees same-sex couples the right to marry and that the current Civil Code does not prohibit the marriage of two people of the same sex. [7] [8] [9] This decisions paved the way for future legalization on same-sex matrimonial rights.

Before the nationwide legalisation in May 2013, the states of Alagoas, [10] Bahia, [10] [11] Ceará, Espírito Santo, Mato Grosso, [12] Mato Grosso do Sul, Paraíba, Paraná, [13] [14] Piauí, Rondônia, Santa Catarina, São Paulo, [15] [16] and Sergipe, as well as the Federal District and the city of Santa Rita do Sapucaí, [17] [18] had already legalized same-sex marriages and several stable unions were converted into marriages by state judges. [19] In Rio de Janeiro, same-sex couples could also marry but only if local judges agreed with their request. [20]

On 14 May 2013, the National Justice Council legalized same-sex marriage in the entire country in a 14–1 vote, issuing a ruling ordering notaries nationwide to license and perform same-sex marriages and convert any existing stable union into a marriage if the couple so wishes. [1] [2] [21] [22] [23] [24] Joaquim Barbosa, president of the Supreme Federal Court, said that notaries cannot continue to refuse to "licensing and performance of a civil marriage or the conversion of a stable union into a marriage between two people of the same sex". [3] The ruling was published on 15 May and took effect on 16 May 2013. [25] [26]

Stable unions

Interior of the Supreme Federal Court. The court issued a ruling on 5 May 2011 to recognize same-sex stable unions nationwide. Brazilian Supreme Federal Tribunal.jpg
Interior of the Supreme Federal Court. The court issued a ruling on 5 May 2011 to recognize same-sex stable unions nationwide.

The first case of recognition of a same-sex union in Brazil occurred with a dual Brazilian-English couple in 2004. Their relationship was recognized in the form of a common-law marriage, which until then, was only granted to opposite-sex couples. The couple had lived together for fourteen years in the city of Curitiba. [27]

In 2010, the Ministry of Foreign Affairs authorized Brazilian diplomats to request a diplomatic or service passport and stay visa for same-sex partners. The decision, which includes same-sex and opposite-sex partners, was announced internally to embassies and consulates in over 200 countries. According to the Foreign Ministry, the measure must ensure that employees register their same-sex partners to secure their right to stay outside the country. Now, with the grant of diplomatic passports, it is easier for the partner to obtain a residence permit. [28] Also in 2010, the state-owned Infraero (Brazilian Company of Airport Infrastructure) began recognizing stable unions between same-sex couples for the purposes of granting benefits. To receive the benefits, the union must be registered with a public notary. [29]

Stable unions (Portuguese : união estável, Brazilian Portuguese: [uniˈɐ̃wisˈtavew] ) have been recognized in Brazil since 5 May 2011, when the Supreme Federal Court ruled in ADI 4277 and ADPF 132 that stable unions must be allowed for same-sex couples throughout the country. The decision was approved 10–0; one judge abstained because he had previously spoken publicly in favor of same-sex unions when he was attorney general. The ruling resulted in stable unions for same-sex couples having the same financial and social rights enjoyed by those in heterosexual relationships. Stable unions of same-sex couples are guaranteed the same 112 rights as marriages of opposite-sex couples. [30] The ruling came in response to two lawsuits, one filed by the Rio de Janeiro State Government in 2008 and another in 2009 by the Public Prosecutor's Office. Same-sex couples can officially register their relationships as a stable union by proving that they have a shared bank account or live at the same address, etc. [31]

On 17 June 2011, a judge in Goiânia, Jeronymo Pedro Villas Boas, annulled the stable union of Liorcino Mendes and Odilio Torres, and ordered all notaries in Goiânia to stop issuing stable union licenses. [32] [33] [34] Villas Boas, who is also a church pastor of the Assembleia de Deus, claimed that recognizing same-sex unions was unconstitutional. [35] On 21 June, another judge, Beatriz Figueiredo Franco, cancelled Villas Boas' decision, making the union valid again. [36] Concerned, Liorcino Mendes and Odilio Torres registered another stable union in Rio de Janeiro. [37]

On 7 June 2013, the Brazilian Air Force recognized the stable union of a sergeant and his partner after he presented a notarized deed documenting their relationship. The Air Force did not comment on the recognition, and could not confirm if the relationship was the first same-sex union certified by the branch. [38] On 8 August 2013, Judge Elio Siqueira of the Regional Federal Court of the 5th region ruled on appeal that the Brazilian Army must recognize the stable union (performed in January 2012 in Pernambuco) of a service member and his same-sex partner, and must also accord a military spousal pension to the partner. It marked the first time that a state-recognized same-sex union was recognized by the Army. [39] [40]

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

Marriage in Brazil is governed by federal law rather than state law and involves the issuing of a marriage license by a notary. In May 2011, the Supreme Federal Court ruled that the present law allowed for same-sex couples to formalize their relationship in the form of a stable union. On October 25, the Superior Court of Justice ruled that two women can legally marry. Differently from the U.S. Supreme Court's "stare decisis", the Superior Court decision would only reach the authors of the demand, but stood as a precedent that could be followed in similar cases. It is the highest court in Brazil to uphold a same-sex marriage. It overturned two lower courts' rulings against the women. The Court ruled that the Constitution guarantees same-sex couples the right to marry and that the current Civil Code does not prohibit the marriage of two people of the same sex. [7] [8] [9] Using this decisions as precedents, many states and the National Justice Council amended their directives for issuing marriage certificates to allow same-sex marriages and require notaries who preside over marriage licenses and perform marriages to provide such services to same-sex couples. [3]

National Justice Council ruling

On 14 May 2013, the National Justice Council ruling in a 14–1 vote that notaries must license and perform same-sex marriages and convert existing stable unions into marriages if the couples so desire. [1] [2] [21] [22] [23] [24] Joaquim Barbosa, president of the Supreme Federal Court, said in the decision that notaries cannot continue to refuse to "licensing and performance of a civil marriage or the conversion of a stable union into a marriage between two people of the same sex." [3] [4] [41] The ruling took effect on 16 May 2013.

On 21 May 2013, the Social Christian Party (PSC) lodged an appeal against the National Justice Council's decision with the Supreme Federal Court. The party alleged that the council had committed an abuse of power, arguing that legalising same-sex marriage was a matter exclusively for the National Congress to decide. [42] The appeal did not result in a stay of the council's decision in favour of same-sex marriage. On 30 May 2013, the Supreme Federal Court rejected the appeal on technical grounds, stating that the PSC had used the wrong form of appeal. The court held that the National Justice Council's decision could only be challenged through a "direct action for unconstitutionality" (ação direta de inconstitucionalidade) rather than an action for injunction (mandado de segurança). [43] [44] On 6 June 2013, the PSC re-lodged the appeal. [45] [46] On 28 August 2013, the Procuradoria Geral da República (Attorney General), as well as the Cabinet of Brazil under President Dilma Rousseff, forwarded an opinion in favor of same-sex marriage to the Supreme Court. [47] [48] Given that the National Justice Council ruling was issued by the council's president, who was also the Chief Justice of the Supreme Federal Court, it is unlikely the latter court would ever overturn the council's ruling. As of 2023, the appeal lodged by the PSC had not yet received oral arguments in court. [49]

Proposals in the National Congress

Legal recognition for same-sex marriages has so far come from the courts, not legislation. Brazil has not yet passed a national same-sex marriage law. [50]

A Brazilian legislative commission for human rights recommended in October 2013 a measure that would ensure that religious bodies would not be required to solemnize same-sex marriages. The proposal would allow a religious body to decline to officiate at marriages of those "who violate its values, doctrines, and beliefs". The proposal was to have been brought forward in Brazil's National Congress if it was approved by a constitutional committee, though no such action was taken prior to the 2014 elections. [51]

In March 2017, the Constitution and Justice Commission of the Brazilian Senate preliminary approved a bill to reflect the National Justice Council ruling, by modifying the Civil Code to recognize stable unions between two persons of the same sex and enable the conversion of that union into marriage. [52] The proposal would replace the definition of the family entity from the "stable union between man and woman" to the "stable union between two people", and insert a provision stating that marriage can be performed between two people, thus replacing the article restricting it to opposite-sex couples. [53] On 3 May, the commission gave its final approval to the bill. [54] [55] [56] The bill needed to be approved by the Senate and the Chamber of Deputies before becoming law, but it was not advanced by either legislative chamber prior to the 2018 elections.

On 13 November 2024, the Human Rights Committee of the Chamber of Deputies approved a bill that codifies same-sex marriage into federal civil law. The text of the bill was authored by former Congressman Clodovil Hernandes and was put forawrd by Congressowman Erika Hilton. [57]

Timeline prior to 2013 ruling

Same-sex marriage in Brazil prior to 16 May 2013 Same-sex marriage readily licensed and performed Same-sex marriage only practiced upon court ruling Same-sex marriage in Brazil prior to May 2013.svg
Same-sex marriage in Brazil prior to 16 May 2013
  Same-sex marriage readily licensed and performed
  Same-sex marriage only practiced upon court ruling

Individual cases

In several individual cases, marriage licenses were granted, often through the decision of a judge. Notable cases include:

  • On 27 June 2011, a judge in the state of São Paulo converted a same-sex stable union into a marriage. [58] The couple held a wedding ceremony the following day.
  • On 28 June 2011, another stable union between a same-sex couple was converted into a marriage. Judge Jennifer Antunes de Souza from the 4th Family Court of Brasília upheld the order. [59]
  • On 31 May 2012, a civil partnership contracted by two men in England was converted into a marriage when the couple moved to Brazil. [60]
  • On 29 May 2012, four of the six notaries of Porto Alegre, the capital city of Rio Grande do Sul, agreed to convert stable unions into marriages. [61]
  • On 28 June 2012, 28 same-sex couples got married in a ceremony in Belém, Pará. [62]

Statewide

The 2011 Supreme Federal Court and Superior Court of Justice decisions gave rise to several states explicitly altering their marriage procedures, enabling same-sex couples to marry in a manner that is bureaucratically identical to opposite-sex couples. Those states are listed below:

  • On 6 December 2011, the Corregedoria Geral da Justiça of Alagoas ordered the state civil registry to issue marriage licences to same-sex couples, making Alagoas the first Brazilian state to legalize same-sex marriages. [63] [64] The decision took effect on 7 December 2011, on the date of its publication. [65]
  • On 5 July 2012, the Corregedoria Geral da Justiça of Sergipe issued "Provision nº 06/2012" legalizing same-sex marriage in the state. [66]
  • On 11 July 2012, following the decision of a judge, Santa Rita do Sapucaí, Minas Gerais became the only city in the country to allow same-sex marriages by itself. [67]
  • On 15 August 2012, the Corregedoria Geral da Justiça of the state of Espírito Santo issued a circular letter stating that the civil registry of the state must address same-sex marriages the same way as opposite-sex marriages, making it the third Brazilian state to legalize same-sex marriage. [68]
  • On 26 November 2012, the Corregedoria Geral da Justiça of Bahia adapted its directive regulating marriages to include same-sex marriages in a manner equal to different-sex couples. [11] [69] [70]
  • On 1 December 2012, a court in the Federal District, ruled that, effective immediately, marriage licenses should be granted to same-sex couples without a judge's intervention. [71]
  • On 15 December 2012, the Corregedoria Geral da Justiça of Piauí updated its marriage provisions in a similar manner. [72] [73]
  • On 18 December 2012, the Corregedoria Geral da Justiça of São Paulo did the same, with an entry into effect 60 days later (i.e. 16 February 2013). [10] [74]
  • On 7 March 2013, Judge Francisco Sales Neto from the Corregedoria Geral da Justiça of Ceará ruled in "Provision N. 02/2013" that all notaries statewide are required to license same-sex marriages. The decision took effect on 15 March 2013. [75] [76]
  • On 26 March 2013, the Corregedoria Geral da Justiça of Paraná ruled that same-sex marriages and conversion of stable unions into marriages is possible using the normal marriage procedures. [13] [14] [77] [78]
  • On 2 April 2013, the Corregedoria Geral da Justiça of Mato Grosso do Sul authorized marriages between same-sex couples in the state. [14] [79] [80]
  • On 17 April 2013, Judge Valmir de Oliveira Silva of the Justice Tribunal of Rio de Janeiro published a legal ruling authorizing same-sex marriages in the state if local judges agreed. [20] According to the ruling, a couple's request had to be registered by civil registry officers, who had 15 days to decide if they agreed. If they did not agree, the marriage could not proceed. [81]
  • On 26 April 2013, the Corregedoria Geral da Justiça of the state of Rondônia published "Provision N. 008/2013-CG" which provides for marriages between same-sex couples and conversion of stable unions into marriages in the civil registration records of the state. [82] [83] [84]
  • On 29 April 2013, the Corregedoria Geral da Justiça of the state of Santa Catarina legalized same-sex marriages in the state. [85]
  • On 29 April 2013, Judge Murilo Márcio da Cunha Ramos from the Corregedoria Geral da Justiça of Paraíba published "Provision CGJ N. 006/2013" which legalized same-sex marriages in the state. [86] [87] [88]
  • On 13 May 2013, the Corregedoria Geral da Justiça of the state of Mato Grosso authorized the processing of applications for authorization of same-sex marriage and regulate the conversion of a gay stable union in marriage. [12]

The Corregedoria Geral de Justiça is the administrative department of the state judicial power. It issues administrative rules for the everyday operation of courts and notaries in their respective states.

Marriage statistics

In 2018, 9,520 same-sex couples married in Brazil; 59.7% of these marriages were performed in the Southeast Region, 15.1% in the Northeast Region, 14.4% in the South Region, 7.4% in the Central-West Region and 3.4% in the North Region. [89] 4,100 same-sex marriages were performed in São Paulo, 737 in Minas Gerais, 723 in Rio de Janeiro, 480 in Rio Grande do Sul, 458 in Paraná, 429 in Santa Catarina, 391 in Pernambuco, 330 in Ceará, 288 in Bahia, 274 in the Federal District, 218 in Goiás, 201 in Pará, 166 in Mato Grosso do Sul, 129 in Espírito Santo, 114 in Rio Grande do Norte, 105 in Paraíba, 95 in Alagoas, 49 in Amazonas, 46 in Mato Grosso, 45 in Piauí, 43 in Sergipe, 26 in Maranhão, 24 in Rondônia, 18 in Acre, 18 in Tocantins, 8 in Amapá and 5 in Roraima. [90]

2018 saw a significant rise in marriages, particularly in the later months of the year, with November seeing a 68% rise compared to 2017. [91]

Number of marriages performed in Brazil
YearSame-sexOpposite-sexTotal % same-sex
FemaleMaleTotal
20131,9261,7753,7011,048,7761,052,4770.35%
20142,4402,4144,8541,101,5861,106,4400.44%
20152,9862,6285,6141,131,7071,137,3210.49%
20162,9432,4115,3541,090,1811,095,5350.49%
20173,3872,5005,8871,064,4891,070,3760.55%
20185,5623,9589,5201,043,9471,053,4670.90%
20195,3493,7079,0561,015,6201,024,6760.88%
20203,8642,5696,433750,746757,1790.85%
20215,6023,6009,202923,300932,5020.9%
20226,6324,39011,022959,019970,0411.1%

Figures for 2020 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.

Religious performance

In June 2018, the Anglican Episcopal Church of Brazil officially changed its canons to permit same-sex marriages. The move was supported by 57 synod members, while 3 voted against. The church joined other Anglican provinces, including the American, Scottish and Canadian branches of the Anglican Communion, in performing same-sex marriages in its churches. [92] [93]

Several same-sex marriages have also been conducted in Umbanda or Candomblé ceremonies. [94] [95] An Umbanda priestess in Rio de Janeiro said in 2011 that, "In umbanda this is accepted. It's fine. … We carry out marriages of love." [96]

Two-spirit marriages

Several indigenous peoples in Brazil recognize marriages between members of the same biological sex through a two-spirit status. These two-spirit individuals are born male but typically wear women's clothing and perform everyday household work and artistic handiwork which are regarded as belonging to the feminine sphere. Anthropologist Darcy Ribeiro reported such two-spirit people, known as noǥaligijegi (pronounced [ˈnoɢaligidʒegi] ), among the Kadiwéu. [97] They wear women's clothing, take care of the family, and marry men. This two-spirit status thus allows for marriages between two biological males to be performed among the Kadiwéu. [98] The Tupinambá people refer to two-spirit people, who are born male but wear women's clothing and perform women's tasks in the community such as pottery and basket weaving, as tibira (pronounced [tibiˈra] ). They marry warrior men. One tibira, the Tibira do Maranhão, was executed in 1614 by the French on charges of sodomy. The Tupinambá also recognize two-spirit people who are born female but perform men's activities such as hunting. They marry women and adopt similar roles as men in the home. [99] Similar individuals occupying a third gender role are also found among the Ticuna, the Karajá and the Krahô. [99]

Public opinion

According to a Pew Research Center survey conducted between 4 November 2013 and 14 February 2014, 45% of Brazilians supported same-sex marriage and 48% were opposed. [100] [101]

A September–October 2016 survey by the Varkey Foundation found that 59% of 18–21-year-olds supported same-sex marriage in Brazil. [102]

According to the Brazilian Institute of Public Opinion and Statistics, support for same-sex couples having the same rights as different-sex couples in Brazil in 2017 was 49%, with 38% opposing. Support was higher among women, young people, people with higher educational levels and Brazilians living in the South region of the country. [103]

The 2017 AmericasBarometer showed that 52% of Brazilians supported same-sex marriage. [104] A May 2021 Ipsos poll showed that 55% of Brazilians supported same-sex marriage, 14% favored another form of legal recognition, while 18% were opposed to all legal recognition for same-sex couples, and 13% were undecided. [105]

According to a Pew Research Center survey conducted in 2023, 52% of Brazilians supported same-sex marriage and 40% were opposed. [106] A June 2023 Ipsos poll showed that 51% of Brazilians supported same-sex marriage, 15% favored another form of legal recognition, while 14% were opposed to all legal recognition for same-sex couples, and 20% were undecided. The survey also reveals that 69% of Brazilians believe same-sex couples should have the same adoption rights as heterosexual couples, and 71% say same-sex couples are just as likely as other parents to be successful in raising children. [107]

See also

Related Research Articles

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Brazil rank among the highest in the world. Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption. On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.

Same-sex marriage has been legal in Portugal since 5 June 2010. The XVIII Constitutional Government of Portugal under Prime Minister José Sócrates introduced a bill for legalization in December 2009. It was passed by the Assembly of the Republic in February 2010, and was declared legally valid by the Portuguese Constitutional Court in April 2010. On 17 May 2010, President Aníbal Cavaco Silva ratified the law, making Portugal the sixth country in Europe and the eighth in the world to allow same-sex marriage nationwide. The law was published in the Diário da República on 31 May and became effective on 5 June 2010. Polling suggests that a significant majority of Portuguese people support the legal recognition of same-sex marriage.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Portugal are among the most advanced in the world; having improved substantially in the 21st century. After a long period of oppression during the Estado Novo, Portuguese society has become increasingly accepting of homosexuality, which was decriminalized in 1982, eight years after the Carnation Revolution. Portugal has wide-ranging anti-discrimination laws and is one of the few countries in the world to contain a ban on discrimination based on sexual orientation in its Constitution. On 5 June 2010, the state became the eighth in the world to recognize same-sex marriage. On 1 March 2011, a gender identity law, said to be one of the most advanced in the world, was passed to simplify the process of sex and name change for transgender people. Same-sex couples have been permitted to adopt since 1 March 2016.

Transgender rights in Brazil include the right to change one's legal name and sex without the need of surgery or professional evaluation, and the right to sex reassignment surgery provided by Brazil's public health service, the Sistema Único de Saúde.

<span class="mw-page-title-main">LGBTQ history in Brazil</span> Overview of the history of LGBT rights in Brazil

This article is intended to give an overview of the history of LGBT rights in Brazil.

Same-sex marriage in Alagoas has been legal since 7 December 2011. Alagoas was the first Brazilian state to legalize same-sex marriage. Civil unions have also been available since 2011.

<span class="mw-page-title-main">LGBT rights in São Paulo (state)</span>

Lesbian, gay, bisexual and transgender rights in the Brazilian state of São Paulo are liberal. Same-sex marriage is legally performed in the state, as in Brazil as a whole.

<span class="mw-page-title-main">LGBT rights in Bahia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Bahia. Homosexuality and same-sex marriage are legal in the state.

<span class="mw-page-title-main">LGBT rights in Rio de Janeiro (state)</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Rio de Janeiro. Same-sex marriage is legal in the state.

Lesbian, gay, bisexual, and transgender (LGBT) people in Piauí, a state of Brazil located in the country's Northeast Region enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

<span class="mw-page-title-main">LGBT rights in Alagoas</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Alagoas, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Lesbian, gay, bisexual, and transgender (LGBT) people in Paraná, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel.

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Ceará. Same-sex marriage is legal in the state.

Lesbian, gay, bisexual, and transgender (LGBT) people in Espírito Santo, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Lesbian, gay, bisexual, and transgender (LGBT) people in Mato Grosso do Sul, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Lesbian, gay, bisexual, and transgender (LGBT) people in Rondônia, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Same-sex marriage in Santa Catarina has been legal since April 29, 2013. Santa Catarina was one of the twelve Brazilian states to have opened marriage to same-sex couples before its nationwide legalisation in May 2013. Civil unions have also been available since 2011 in accordance with a ruling from the Supreme Federal Court.

<i>Rcl 12876 and MS 32077</i>

Rcl 12876 and MS 32077, are landmark Brazil Supreme Court cases.

References

  1. 1 2 3 "CNJ obriga cartórios a celebrar casamento entre homossexuais" (in Portuguese). Estadao.com.br. 14 May 2013. Archived from the original on 21 January 2014. Retrieved 5 April 2014.
  2. 1 2 3 "Brazil judicial panel clears way for gay marriage". Archived from the original on 9 June 2013.
  3. 1 2 3 4 Marilia Brocchetto (15 May 2013). "Brazilian judicial council: Notaries must recognize same-sex marriage - CNN.com". CNN. Archived from the original on 25 December 2017. Retrieved 7 May 2016.
  4. 1 2 "Brazil Clears Way For Gay Marriage". Archived from the original on 7 July 2018. Retrieved 7 May 2016.
  5. ↑ "União civil entre pessoas do mesmo sexo (Lesbian, Gay, Bisexual and Transgender [LGBT] civil unions in Brazil)". Archived from the original on 20 April 2022.
  6. ↑ Supremo Tribunal Federal. "ADI 4277".
  7. 1 2 ConJur (25 October 2011). "STJ reconhece casamento entre pessoas do mesmo sexo".
  8. 1 2 g1 (25 October 2011). "STJ autoriza casamento gay para casal de gaúchas".{{cite web}}: CS1 maint: numeric names: authors list (link)
  9. 1 2 Folha de São Paulo. "STJ autoriza, pela 1ª vez, casamento gay".
  10. 1 2 3 "Brazil's most populous state to allow same-sex marriage". Washington Blade. 21 December 2012. Archived from the original on 19 June 2018. Retrieved 16 January 2013.
  11. 1 2 "Bahia legaliza casamento entre pessoas do mesmo sexo (Bahia legalizes marriage between people of the same sex". A Tarde (in Portuguese). 10 October 2012. Archived from the original on 27 September 2015. Retrieved 20 January 2013.
  12. 1 2 Corregedoria-Geral de Justiça do Estado de Mato Grosso. "PROVIMENTO Nº 18 /2013 – CGJ/MT" (PDF).
  13. 1 2 Joyce Carvalho (4 April 2013). "Casamento gay está valendo em todo o Paraná". Parana-Online (in Portuguese). Archived from the original on 4 March 2016. Retrieved 5 April 2013.
  14. 1 2 3 "Paraná e Mato Grosso do Sul autorizam casamento gay". Athos (in Portuguese). 4 April 2013. Archived from the original on 8 April 2018. Retrieved 5 April 2013.
  15. ↑ "Brazil: Court ruling means all gay couples can legally marry in the state of São Paulo". Pink News. 21 December 2012. Archived from the original on 20 June 2018. Retrieved 20 January 2013.
  16. ↑ "São Paulo court guarantees same-sex marriages". Gay Star News. 21 December 2012. Archived from the original on 19 July 2018. Retrieved 20 January 2012.
  17. ↑ "G1 - Após liberação da Justiça, Santa Rita do Sapucaí tem 1º casamento gay - notícias em Sul de Minas". Sul de Minas. 28 July 2012. Archived from the original on 14 May 2014. Retrieved 7 May 2016.
  18. ↑ "G1 - Casamento homossexual é liberado pela Justiça em cidade no Sul de MG - notícias em Sul de Minas". Sul de Minas. 11 July 2012. Archived from the original on 19 June 2018. Retrieved 7 May 2016.
  19. ↑ John Lyons (6 May 2011). "Brazil Top Court Grants Equal Rights to Same-Sex Unions". Archived from the original on 19 June 2018. Retrieved 20 January 2012.
  20. 1 2 "Rio de Janeiro state legalizes gay marriage". 17 April 2013. Archived from the original on 25 June 2016. Retrieved 22 April 2013.
  21. 1 2 "G1 - Decisão do CNJ obriga cartórios a fazer casamento homossexual - notícias em Política". Política. 14 May 2013. Archived from the original on 19 April 2019. Retrieved 7 May 2016.
  22. 1 2 "Jornal do Brasil". Archived from the original on 7 July 2015. Retrieved 7 May 2016.
  23. 1 2 Romero, Simon (14 May 2013). "Brazilian Court Council Removes a Barrier to Same-Sex Marriage". The New York Times . Archived from the original on 16 June 2013. Retrieved 15 May 2013.
  24. 1 2 Teacherken (15 May 2013). "country with most Catholics effectively legalizes gay marriage". DailyKos . Archived from the original on 3 March 2016. Retrieved 15 May 2013.
  25. ↑ "DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013". Archived from the original on 27 September 2013. Retrieved 15 May 2013.
  26. ↑ G1, Mariana OliveiraDo; Brasília, em (15 May 2013). "Regra que obriga cartórios a fazer casamento gay vale a partir do dia 16". Política. Archived from the original on 15 June 2013. Retrieved 15 May 2013.{{cite web}}: CS1 maint: numeric names: authors list (link)
  27. ↑ "Primeiro casal gay a registrar união no país completa 20 anos". Journal Comunicacao (in Portuguese). 18 April 2010. Archived from the original on 17 March 2012. Retrieved 16 January 2013.
  28. ↑ "Itamaraty reconhece os parceiros Gays de diplomatas brasileiros" (in Portuguese). 14 July 2010. Archived from the original on 11 October 2016. Retrieved 16 January 2013.
  29. ↑ "Infraero reconhece os cônjuges de seus empregados Homossexuais" (in Portuguese). 6 October 2010. Archived from the original on 6 January 2019. Retrieved 16 January 2013.
  30. ↑ "Casais gays conquistam 112 direitos com decisão do STF" (in Portuguese). 6 May 2011. Archived from the original on 29 June 2017. Retrieved 16 January 2013.
  31. ↑ "Same-sex unions recognized by Brazil's high court" (in Portuguese). 6 May 2011. Archived from the original on 18 November 2018. Retrieved 16 January 2013.
  32. ↑ "Goiás judge annuls first gay union after Supreme Court's decision". Archived from the original on 19 April 2013.
  33. ↑ G1, Nathalia PassarinhoDo; Brasília, em (19 June 2011). "Juiz anula contrato de união estável entre homossexuais". Brasil. Archived from the original on 6 January 2019. Retrieved 27 June 2011.{{cite web}}: CS1 maint: numeric names: authors list (link)
  34. ↑ "Homosexual union will go back to Supreme Court". Archived from the original on 27 August 2011.
  35. ↑ "Judge accused of insubordination that annulled gay union is pastor of Assembleia de Deus". Archived from the original on 13 April 2019. Retrieved 27 June 2011.
  36. ↑ "Beatriz cancels decision by Jerônymo Villas Boas". Archived from the original on 24 June 2011.
  37. ↑ G1, Do; Fantástico, com informações do (26 June 2011). "Juiz de Goiás que anulou união de casal gay nega ser homofóbico". Brasil. Archived from the original on 7 January 2019. Retrieved 27 June 2011.{{cite web}}: CS1 maint: numeric names: authors list (link)
  38. ↑ "FAB reconhece como dependente marido de sargento homossexual ("FAB recognizes husband of homosexual Sergeant as dependent")". 7 June 2013. Archived from the original on 28 December 2016. Retrieved 9 August 2013.
  39. ↑ Raphael Guerra (8 August 2013). "Justiça é favorável à união gay no Exército ("Justice is in favor of gay unions in the Army")". Diário de Pernambuco. Archived from the original on 5 March 2016. Retrieved 9 August 2013.
  40. ↑ Staff Reports (8 August 2013). "Justiça manda Exército reconhecer companheiro de sargento gay ("Judge mandates Army recognizes gay partnership of sergeant")". Tribuna de Alagoas. Archived from the original on 6 March 2016. Retrieved 9 August 2013.
  41. ↑ "Judges clear the way for gay marriage throughout Brazil". Gay Star News. Archived from the original on 2 April 2019. Retrieved 7 May 2016.
  42. ↑ "EBC - PSC recorre ao Supremo contra decisão sobre casamento gay". EBC. 21 May 2013. Archived from the original on 13 April 2019. Retrieved 7 May 2016.
  43. ↑ "Ministro do STF arquiva aусo do PSC contra casamento gay". O POVO. 30 May 2013. Archived from the original on 6 January 2019. Retrieved 5 April 2014.
  44. ↑ G1, Mariana OliveiraDo; Brasília, em (28 May 2013). "Ministro rejeita pedido de suspensão de casamento gay em cartório". Política. Archived from the original on 27 July 2018. Retrieved 22 June 2017.{{cite web}}: CS1 maint: numeric names: authors list (link)
  45. ↑ G1, Mariana OliveiraDo; Brasília, em (6 June 2013). "PSC entra com nova ação no STF contra casamento gay em cartório". Política. Archived from the original on 4 August 2018. Retrieved 7 June 2013.{{cite web}}: CS1 maint: numeric names: authors list (link)
  46. ↑ "EBC". memoria.ebc.com.br. Archived from the original on 25 January 2020. Retrieved 29 May 2020.
  47. ↑ O Globo (28 August 2013). "Procuradoria encaminha para o STF parecer favorável ao casamento gay". O Globo. Archived from the original on 7 April 2014. Retrieved 7 May 2016.
  48. ↑ "Manifestação AGU - ADI 4966 - CASAMENTO HOMOAFETIVO - GOVERNO DILMA". Archived from the original on 22 July 2022. Retrieved 19 May 2022.
  49. ↑ Rodas, Sérgio (28 November 2018). "Proibir casamento gay afrontaria decisão do STF, avaliam especialistas". Consultor Jurídico (in Portuguese). Archived from the original on 18 April 2021. Retrieved 18 January 2021.
  50. ↑ Viapiana, Tabata (23 May 2023). "Number of same-sex marriages in Brazil quadrupled in the 10 years since legalization".
  51. ↑ "Brazil: proposal would allow churches to decline same-sex marriages". Catholic World News. 18 October 2013. Archived from the original on 4 June 2016.
  52. ↑ "Projeto de Lei do Senado n° 612, de 2011 - Pesquisas - Senado Federal". www25.senado.leg.br. Archived from the original on 10 April 2019. Retrieved 29 May 2020.
  53. ↑ "Comisión de Senado brasileño aprueba reglamentar como ley el matrimonio gay". El Espectador. 8 March 2017. Archived from the original on 11 March 2017.
  54. ↑ "Aprovado na CCJ projeto que legaliza casamento homossexual". Senado Federal. Archived from the original on 11 November 2020. Retrieved 29 May 2020.
  55. ↑ "Projeto de Lei do Senado nº 612, de 2011 (Texto final da Comissão)". Archived from the original on 30 August 2018. Retrieved 11 May 2017.
  56. ↑ Notícia, J. M. (4 May 2017). "Comissão no Senado aprova projeto para legalizar casamento gay". Archived from the original on 30 August 2018. Retrieved 29 May 2020.
  57. ↑ "Comissão de Direitos Humanos da Câmara aprova projeto que assegura união homoafetiva" . O Globo (in Portuguese). 13 November 2024. Retrieved 16 November 2024.
  58. ↑ (in Portuguese) Primeiro casamento civil gay do Brasil é realizado em São Paulo Archived 16 August 2017 at the Wayback Machine
  59. ↑ "Juíza converte união estável gay em casamento". Consultor Jurídico. 28 June 2011. Archived from the original on 16 August 2017. Retrieved 8 January 2017.
  60. ↑ "Reconhecido casamento entre homens registrado no exterior". Notícias JusBrasil (in Portuguese). Archived from the original on 4 March 2016. Retrieved 15 January 2013.
  61. ↑ "Casais gays encontram facilidade para casar no RS". Zero Hora (in Portuguese). 29 May 2012. Archived from the original on 3 September 2012. Retrieved 15 January 2013.
  62. ↑ "Pará faz primeiro casamento civil comunitário gay". Diario Online (in Portuguese). 28 June 2012. Archived from the original on 10 June 2015. Retrieved 15 January 2013.
  63. ↑ "Alagoas regulamenta o casamento civil entre gays em todos os cartórios do estado - Brasil em Política no A Capa". UOL (in Portuguese). Archived from the original on 15 April 2016. Retrieved 15 January 2013.
  64. ↑ "PROVIMENTO Nº 40, DE 06 DE DEZEMBRO DE 2011". JusBrazil (in Portuguese). 7 December 2011. Archived from the original on 11 August 2016. Retrieved 31 December 2012.
  65. ↑ CORREGEDORIA-GERAL DA JUSTIÇA DE ALAGOAS. "PROVIMENTO Nº 40, DE 06 DE DEZEMBRO DE 2011" (PDF).
  66. ↑ "Marriage open to gay couples in Sergipe" (PDF) (in Portuguese). 5 July 2012. Archived (PDF) from the original on 12 January 2016. Retrieved 26 February 2013.
  67. ↑ "Casamento entre pessoas do mesmo sexo é liberado pela Justiça em Santa Rita do Sapucaí" (in Portuguese). 12 July 2012. Archived from the original on 14 July 2018. Retrieved 16 June 2013.
  68. ↑ "Espírito Santo's legalization of gay marriage" (PDF) (in Portuguese). 15 August 2012. Archived (PDF) from the original on 17 May 2013. Retrieved 26 February 2013.
  69. ↑ "Provimento Conjunto trata de união homoafetiva". Tribunal de Justiça do Estado da Bahia (official web site of the state supreme court). Archived from the original on 27 September 2013.
  70. ↑ "Bahia já pode oficializar casamento homoafetivo". Bahia24/7 (in Portuguese). 27 November 2012. Archived from the original on 15 September 2018. Retrieved 27 November 2012.
  71. ↑ Soraya Sobreira (1 December 2012). "Para a lei, já não há mais diferença" [For the law, there is no difference anymore]. Journal de Brasilia (in Portuguese). Archived from the original on 1 June 2013. Retrieved 15 January 2013.
  72. ↑ "Corregedoria do TJ regulamenta casamento gay no Piauí". Diario de Teresina (in Portuguese). 15 December 2012. Archived from the original on 20 February 2015. Retrieved 15 January 2013.
  73. ↑ "provimento N° 24/2012 – CGJ/PI" (PDF). Piauí, Diário da Justiça (in Portuguese). 17 December 2012. p. 2. Archived (PDF) from the original on 20 September 2016. Retrieved 15 January 2013.
  74. ↑ "Tribunal divulga norma que regulamenta casamento gay em SP". Globo.com (in Portuguese). 18 December 2013. Archived from the original on 16 August 2017. Retrieved 15 January 2013.
  75. ↑ "Justiça do Ceará autoriza casamento gay". Mixbrasil.uol.com (in Portuguese). 8 March 2013. Archived from the original on 7 April 2013. Retrieved 8 March 2013.
  76. ↑ "Corregadoria geral da Justiça Provimento N.º 02/2013" (in Portuguese). Estado do Ceará, Diário da Justiça Eletrônico. 8 March 2013. pp. 8–12. Archived from the original on 1 March 2020. Retrieved 16 March 2013. Os Cartórios de Registro Civil de Pesso as Naturais do Estado de Sergipe deverão receber os pedidos de habilitação para casamento de pessoas do mesmo sexo, procedendo na forma do artigo 1.526 da Lei nº 10.406/2002
  77. ↑ Modesto, Luiz (26 March 2013). "Justiça do Paraná autoriza casamentos homoafetivos. Cartórios já estão cientes e não podem se negar a realizar uniões" [Paraná regulates same-sex marriage throughout its territory] (in Portuguese). Archived from the original on 11 May 2013. Retrieved 2 April 2013.
  78. ↑ "CGJ-PR divulga instrução sobre procedimentos de habilitação para casamentos homossexuais, instrução normativa Nº 2/2013". Promad.com.br. 3 April 2013. Archived from the original on 29 July 2013. Retrieved 3 April 2013. Que os magistrados e agentes delegados dos Registros Civis de Pessoas Naturais do Estado do Paraná observem as decisões proferidas pelo Superior Tribunal de Justiça (REsp nº 1.183.378-RS) e por esta Corregedoria da Justiça (autos de consulta nº 2013.49650-9/000), procedendo à habilitação de pessoas do mesmo sexo para o casamento civil, nos termos dos artigos 1.525 e seguintes da Lei Federal nº 10.406/2002 (Código Civil).
  79. ↑ "Tribunal de Justiça autoriza casamento gay em Mato Grosso do Sul" [Court allows gay marriage in Mato Grosso do Sul] (in Portuguese). Archived from the original on 11 May 2013. Retrieved 3 April 2013.
  80. ↑ "Provimento Nº 80, de 25 de marco de 2013". Diário de Justiça do Estado do Mato Grosso do Sul. Archived from the original on 18 August 2016. Retrieved 3 April 2013. Considerando o princípio advindo da decisão do Supremo Tribunal Federal, na ADI 4277/DF, que passou a admitir a habilitação direta para o casamento entre pessoas do mesmo sexo sem a necessidade do prévio reconhecimento da união estável
  81. ↑ "Rio de Janeiro facilita casamento gay em todo estado; uniões ainda passam por aval de juiz". Acapa. 19 April 2013. Archived from the original on 21 September 2016. Retrieved 23 April 2013.
  82. ↑ "Casamento entre pessoas do mesmo sexo é autorizado em Rondônia" (in Portuguese). 26 April 2013. Archived from the original on 6 January 2019. Retrieved 26 April 2013.
  83. ↑ "Casamento entre pessoas do mesmo sexo é autorizado em Rondônia". Orodoniense. 26 April 2013. Archived from the original on 27 July 2014. Retrieved 26 April 2013.
  84. ↑ "Casamento entre pessoas do mesmo sexo é autorizado em Rondônia". UmOutroolhar. 27 April 2013. Archived from the original on 13 April 2019. Retrieved 29 April 2013. Dispõe sobre a habilitação direta para o casamento entre pessoas do mesmo sexo e conversão de união estável em casamento nas serventias extrajudiciais do Estado de Rondônia.
  85. ↑ "CGJ autoriza casamento entre pessoas do mesmo sexo em SC". Globo (in Portuguese). 29 April 2013. Archived from the original on 16 June 2013. Retrieved 30 April 2013.
  86. ↑ "Paraíba passa a ser o 13º Estado brasileiro a consentir o casamento homoafetivo" (in Portuguese). 29 April 2013. Archived from the original on 3 May 2013. Retrieved 30 April 2013.
  87. ↑ "ATOS DA CORREGEDORIA-GERAL". Diario do Justica Electronico (in Portuguese). 29 April 2013. p. 4. Archived from the original on 6 November 2017. Retrieved 30 April 2013.
  88. ↑ "Paraíba autoriza casamento gay". Mix Brasil (in Portuguese). 29 April 2013. Archived from the original on 16 June 2013. Retrieved 30 April 2013.
  89. ↑ Rio, Lilian QuainoDo G1 (30 November 2015). "Casamentos gays aumentam 31,2% em 2014 no Brasil, diz IBGE". Bem Estar. Archived from the original on 23 October 2018. Retrieved 6 August 2016.{{cite web}}: CS1 maint: numeric names: authors list (link)
  90. ↑ "Estatísticas do Registro Civil 2018, Tabelas, Casamentos". IBGE (in Portuguese). Archived from the original on 31 December 2019. Retrieved 22 December 2019.
  91. ↑ "Efeito Bolsonaro: casamento LGBT cresce 65% em novembro na comparação com 2017". Catraca Livre. 26 December 2018. Archived from the original on 23 April 2019. Retrieved 6 January 2019.
  92. ↑ Brazil's Anglican Church changes its canons to permit same-sex marriage Archived 13 October 2018 at the Wayback Machine , Anglican News, 4 June 2018
  93. ↑ Brazil's Anglican Church changes its canons to permit same-sex marriage Archived 19 June 2018 at the Wayback Machine , Episcopal News Service, 4 June 2018
  94. ↑ "Casal gay celebra casamento umbandista em bloco no centro de São Paulo". GI São Paulo (in Portuguese). 27 February 2017. Archived from the original on 27 January 2021. Retrieved 18 January 2021.
  95. ↑ "Homossexualidade e candomblé". Carta Capital (in Portuguese). 22 September 2017.[ permanent dead link ]
  96. ↑ Barnes, Taylor (23 June 2011). "Brazil gays celebrate first mass wedding". Public Radio International. Archived from the original on 6 April 2017. Retrieved 5 April 2017.
  97. ↑ Dicionário da Língua Kadiwéu (PDF). Sociedade Internacional de Lingüística. May 2002.
  98. ↑ Rafael Fernandes, Estevão (July 2016). "Homossexualidade indígena no Brasil: Um roteiro histórico-bibliográfico". Aceno (in Portuguese). 14 (5).
  99. 1 2 Picq, Manuela (June 2019). "Decolonizing Indigenous Sexualities: Between Erasure and Resurgence - Oxford Handbooks". Oxford Handbook of Global LGBT and Sexual Diversity Politics. doi:10.1093/oxfordhb/9780190673741.013.23.
  100. ↑ "Social Attitudes on Moral Issues in Latin America - Pew Research Center". Pew Research Center's Religion & Public Life Project. 13 November 2014. Archived from the original on 11 April 2017. Retrieved 7 May 2016.
  101. ↑ "Appendix A: Methodology". Pew Research Center's Religion & Public Life Project. 13 November 2014. Archived from the original on 4 June 2020. Retrieved 7 May 2016.
  102. ↑ Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel" (PDF). Varkey Foundation. Archived (PDF) from the original on 20 August 2019. Retrieved 13 April 2021.
  103. ↑ "Project" (PDF). p. 17. Archived (PDF) from the original on 23 December 2019. Retrieved 29 December 2017.
  104. ↑ "CULTURA POLÍTICA DE LA DEMOCRACIA EN LA REPÚBLICA DOMINICANA Y EN LAS AMÉRICAS, 2016/17" (PDF). Archived (PDF) from the original on 19 April 2019. Retrieved 6 January 2019.
  105. ↑ "LGBT+ Pride 2021 Global Survey pointa to a generation gap around gender identity and sexual attraction". Ipsos. New York City. 9 June 2021. Archived from the original on 10 June 2021. Retrieved 16 June 2021.
  106. ↑ UOL - José Roberto de Toledo. "Jovens, mulheres e esquerda formam maioria que apoia casamento gay no país".
  107. ↑ O Globo. "Pesquisa Ipsos: 51% dos brasileiros apoiam legalização do casamento entre pessoas do mesmo sexo".
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.