Same-sex marriage in Santa Catarina
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Same-sex marriage in Santa Catarina has been legal since April 29, 2013. Santa Catarina was one of the twelve
Brazilian states Brazilian commonly refers to: * Something of, from or relating to Brazil * Brazilian Portuguese, the dialect of the Portuguese language used mostly in Brazil * Brazilians, the people (citizens) of Brazil, or of Brazilian descent Brazilian may also ...
to have opened marriage to same-sex couples before its nationwide legalisation in May 2013.
Civil union 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 (''união estável'') have also been available since 2011 in accordance with a ruling from the Supreme Federal Court.


Legal history

On April 29, 2013, Judge Vanderlei Romer from the state's Judicial Administrative Department () ruled that all
notaries A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is disti ...
statewide are obligated to issue marriage licences to same-sex couples, and convert
civil union 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 into marriages if the couples so choose. This decision legalized
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
in Santa Catarina. In August 2013, a Florianópolis prosecutor, Henrique Limongi, received considerable media attention after publicly stating that he would refuse to issue marriage licenses to same-sex couples in violation of state and federal law. Under Brazilian law, judges and notaries are prohibited from refusing to register and license same-sex marriages. Limongi falsely argued that recognizing same-sex marriages violated the Constitution of Brazil. From 2013 to 2018, he personally requested the annulment of 112 same-sex marriages. Lawyers representing some of the involved couples have labelled his arguments "baseless", as the Brazilian judiciary itself has held that same-sex marriage does not violate the Constitution; on the contrary, it requires its recognition. Official investigations alleging "public misconduct", "disrespect for legal hierarchy" and "placing personal beliefs above the law" were launched by the Public Ministry National Council (CNMP; ''Conselho Nacional do Ministério Público'') and the
Brazilian Bar Association The Order of Attorneys of Brazil (National Bar Association of Brazil) (Portuguese: ''Ordem dos Advogados do Brasil'') is the Brazilian Bar Association, founded in 1930. It is an organization of lawyers and responsible for the regulation of the le ...
(''Ordem dos Advogados do Brasil''). In July 2020, the CNMP decided not to bring disciplinary charges against Limongi but recommend his removal from office. In August 2020, the Public Ministry of Santa Catarina removed Limongi from his post as a marriage officer and reassigned him to a new post, effective from 1 September. His replacement, Vânia Sangalli, said she would perform same-sex marriages. In September 2020, the Santa Catarina Court of Justice ruled that 46 same-sex marriages Limongi had filed official objections to in 2019 were legal.


Marriage statistics

The following table shows the number of same-sex marriages performed in Santa Catarina according to the Brazilian Institute of Geography and Statistics. Figures for 2020 are lower than previous years because of the restrictions in place due to the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identi ...
.


See also

*
Same-sex marriage in Brazil Same-sex marriage in Brazil has been legal since 16 May 2013 in accordance with a decision from the National Justice Council, ordering notaries of every state to perform same-sex marriages. Brazil became the second country in South America to lega ...


References

{{Status of same-sex unions Same-sex marriage in Brazil Santa Catarina (state) Same-sex marriage by country subdivision 2013 in LGBT history