Several countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both
North America and
South America
South America is a continent entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere at the northern tip of the continent. It can also be described as the sout ...
living in jurisdictions providing marriage rights to same-sex couples.
In North America, same-sex marriages are recognized and performed without restrictions in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
Costa Rica,
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
,
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
, and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
.
[Excluding certain Native American tribes. Same-sex marriage is legal at least in 42 of them.]
Same-sex marriages are also performed in the Dutch territories of
Bonaire, Sint Eustatius and Saba, the Danish autonomous territory of
Greenland
Greenland ( kl, Kalaallit Nunaat, ; da, Grønland, ) is an island country in North America that is part of the Kingdom of Denmark. It is located between the Arctic and Atlantic oceans, east of the Canadian Arctic Archipelago. Greenland i ...
, and in all French overseas departments and collectivities (
Guadeloupe,
Martinique
Martinique ( , ; gcf, label=Martinican Creole, Matinik or ; Kalinago: or ) is an island and an overseas department/region and single territorial collectivity of France. An integral part of the French Republic, Martinique is located in ...
,
Saint Barthélemy
Saint Barthélemy (french: Saint-Barthélemy, ), officially the Collectivité territoriale de Saint-Barthélemy, is an overseas collectivity of France in the Caribbean. It is often abbreviated to St. Barth in French, and St. Barts in English ...
,
Saint Martin and
Saint Pierre and Miquelon
Saint Pierre and Miquelon (), officially the Territorial Collectivity of Saint-Pierre and Miquelon (french: link=no, Collectivité territoriale de Saint-Pierre et Miquelon ), is a self-governing territorial overseas collectivity of France in t ...
). Furthermore,
Aruba, Curaçao, and Sint Maarten recognize same-sex marriages performed in the
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, and
Aruba also performs
registered partnership
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s. The British Territories of
Bermuda
)
, anthem = "God Save the King"
, song_type = National song
, song = "Hail to Bermuda"
, image_map =
, map_caption =
, image_map2 =
, mapsize2 =
, map_caption2 =
, subdivision_type = Sovereign state
, subdivision_name =
, es ...
and the Cayman Islands also perform civil partnerships.
In South America, same-sex marriages are recognized and performed without restrictions in
Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
,
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
,
Colombia,
Ecuador
Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ...
and
Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
as well as the jurisdictions of
French Guiana
French Guiana ( or ; french: link=no, Guyane ; gcr, label=French Guianese Creole, Lagwiyann ) is an overseas department/region and single territorial collectivity of France on the northern Atlantic coast of South America in the Guianas. ...
, the
Falkland Islands
The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouze ...
and
South Georgia and the South Sandwich Islands
)
, anthem = "God Save the King"
, song_type =
, song =
, image_map = South Georgia and the South Sandwich Islands in United Kingdom.svg
, map_caption = Location of South Georgia and the South Sandwich Islands in the southern Atlantic Oce ...
. "Free unions" that are equivalent to marriage have begun to be recognized in
Bolivia.
On 8 January 2018, the
Inter-American Court of Human Rights (IACHR) ruled that the
American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
mandates and requires the legalization of same-sex marriage. The landmark ruling was fully binding on
Costa Rica and set a binding precedent in the other signatory countries. The Court recommended that governments issue temporary decrees legalizing same-sex marriage until new legislation is brought in. The ruling applies to
Barbados
Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate) ...
,
Bolivia, Costa Rica, the
Dominican Republic
The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with ...
, Ecuador,
El Salvador,
Guatemala,
Haiti,
Honduras,
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
,
Nicaragua
Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the countr ...
,
Panama
Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Co ...
,
Paraguay
Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to th ...
,
Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = National seal
, national_motto = "Firm and Happy f ...
and
Suriname.
Maps
Current situation
National level
Sub-national level
2018 Inter-American Court of Human Rights ruling
On 9 January 2018, the
Inter-American Court of Human Rights issued an advisory opinion that states party to the
American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
must 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 opinion was issued after the Government of Costa Rica sought clarification of its obligations to LGBT people under the convention. The opinion sets precedent for all 23 member states, 19 of which did not recognize same-sex marriage at the time of the ruling: Barbados, Bolivia, Chile, Costa Rica, Dominica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Grenada, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, and Suriname. Of these, all but Dominica, Grenada and Jamaica recognize the jurisdiction of the Court. However, states must each individually apply the ruling before it takes effect.
Future legislation
Marriage
Government proposals or proposals with a parliamentary majority
Venezuela: In October 2020, President
Nicolás Maduro called on Congress to debate a same-sex marriage bill. On 24 February 2022, Vanessa Robertazzo, deputy of the opposition
Cambiemos Movimiento Ciudadano
Cambiemos Movimiento Ciudadano (English: ''Let's Change - Citizen's Movement'') is a Venezuelan political party with a pluralist and progressive tendency founded on 11 May 2018. This movement belongs to the opposition coalition Agreement for C ...
party, introduced a same-sex marriage bill to the National Assembly.
Opposition proposals or proposals without a parliamentary majority
Aruba and Curaçao: The opposition Accion21 party introduced a bill to allow same-sex marriage in Parliament in June 2021. On 6 December 2022, the Joint Court of Justice of Aruba, Curaçao, and Sint Maarten ruled that the ban on same-sex marriage in Aruba and Curaçao was unlawful discrimination. The effect of the ruling is stayed pending appeal and cassation.
Bolivia: The Minister of Justice and Institutional Transparency,
Iván Lima, announced in mid-2021 that the Pluri-National Constitutional Court is considering the status of same-sex marriage.
Honduras: In May 2022, the deputy of the
Libertad y Refundación Party,
Manuel Rodríguez, presented a bill in congress to legalize same-sex marriage.
British Overseas Territories: In July 2022, Labour Party Peer Lord
Michael Cashman
Michael Maurice Cashman, Baron Cashman (born 17 December 1950), is a British actor, politician, and LGBT rights activist. A member of the Labour Party, he served as a Member of the European Parliament for the West Midlands from 1999 to 2014. ...
introduced a private member's bill in the House of Lords that would compel governors of each of the six British Overseas Territories where same-sex marriage is not currently legal (Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Montserrat, and Turks and Caicos) to pass laws legalizing it. The territories are also bound by the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
to pass laws legalizing some form of same-sex union, although to date only Bermuda and Cayman Islands have done so.
Other forms of partnership
Opposition proposals or proposals without a parliamentary majority
Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = National seal
, national_motto = "Firm and Happy f ...
: Congressman Alejandro Cavero has introduced a bill to allow same-sex civil unions that will not allow adoption, but it has not been brought up for debate in the justice committee.
Public opinion
See also
*
LGBT rights in the Americas
*
Recognition of same-sex unions in Africa
Debate has occurred throughout Africa over proposals to legalize same-sex marriage as well as civil unions.
Currently, South Africa is the only African country that legally recognizes same-sex marriage. In addition, the Spanish regions of the Can ...
*
Recognition of same-sex unions in Asia
Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.
Following a Constitutional Court ruling and a subsequent legislative act, Taiwan became the first country in Asia to legalize same-sex marria ...
*
Recognition of same-sex unions in Europe
Recognition may refer to:
*Award, something given in recognition of an achievement
Machine learning
*Pattern recognition, a branch of machine learning which encompasses the meanings below
Biometric
* Recognition of human individuals, or biomet ...
*
Recognition of same-sex unions in Oceania
Debate has occurred throughout Oceania over proposals to legalize same-sex marriage as well as civil unions.
Currently two countries and eight territories in Oceania recognize some type of same-sex unions. Two Oceanian countries, Australia and N ...
*
Same-sex marriage in tribal nations in the United States
The Supreme Court decision in ''Obergefell v. Hodges'' that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress (not the federal courts) has l ...
Notes
References
{{Americas topic, LGBT rights in
LGBT-related lists
LGBT rights in the Americas
Americas
The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World.
Along with th ...