Recognition of same-sex unions in Venezuela

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Denmark:
· Denmark proper
· Greenland*
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CH, CA, GR3, JA*
· NA, QR, DF

Netherlands:
· Netherlands proper

New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· Pitcairn Islands
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

Venezuela does not recognize same-sex unions nationwide.[1][2][3]

Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Unrecognized or unknown
  Same-sex marriage banned
  Same-sex sexual activity illegal
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Court challenges

The same-sex related Non-Governmental Organization (NGO) Unión Afirmativa (Affirmative Union) submitted in 2003 an Appeal to the Supreme Court for legal recognition of economic rights (pensions, inheritance, social security, common household, etc.) for same-sex partners. The ruling, issued on February 28, 2008 indicated that "same sex partners enjoy all of the rights, civil, political and economic, social and cultural rights- have not such "special protection" which could be binding for the Venezuelan state, in the same terms than married couples have. The ruling indicated that the National Assembly "could" (but was not bound to) legislate in order to protect such rights for same-sex partners.[4]

In January 2015 a lawsuit for the right to marry was filed before the country's Supreme Court.[5]

Legislative action

On March 20, 2009, National Assembly member Romelia Matute announced that the Assembly would legalize same-sex unions and recognize them as asociaciones de convivencia (association by cohabitation).[6] However, later in the same month, Marelys Pérez—chairperson of the Family, Women and Youth Commission—announced that no such action would be taking place; adding that although the Commission would debate the same-sex partnership initiative, it would be excluded from the current bill and likely wait for its inclusion into a future Civil Code reform or a future updated anti-discrimination measure.[7]

The changes to the law were postponed multiple times until May 2013, during a debate on a Civil Code reform bill in which LGBT activists submitted a proposal seeking to legalize same-sex marriage. As of February 2015 it is yet to be debated.[8]

Public opinion

According to Pew Research Center survey, conducted between November 8, 2013 and February 12, 2014, 28% of Venezuelans supported same-sex marriage, 61% were opposed.[9][10]

See also

References

  1. Venezuela: Situation and treatment of homosexuals; recourse available to those who have been harassed based on their sexual orientation (2004 - February 2006)
  2. Venezuela's sexual revolution
  3. Venezuela’s Sexual Revolution Within the Revolution
  4. Gay Politics in Venezuela
  5. Piden al TSJ modificar el Código Civil para permitir matrimonio igualitario
  6. Venezuela: Same-sex partnerships on fast track to being legally recognized, says legislator
  7. Same-Sex Unions Not On the Table After All?
  8. (Spanish) El Tiempo. En busca del matrimonio gay en Venezuela. Retrieved 13 January 2014.
  9. Religion in Latin America Chapter 5: Social Attitudes
  10. Religion in Latin America Appendix A: Methodology
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