Recognition of same-sex unions in Venezuela

Legal status of same-sex unions
Marriage
Performed

Argentina
Australia
Austria*
Belgium
Brazil
Canada
Colombia
Costa Rica+
Denmark
Finland
France
Germany
Iceland
Ireland
Luxembourg
Malta
Mexico:
· 12 states & CDMX
Netherlands1
New Zealand2
Norway
Portugal
South Africa
Spain
Sweden
Taiwan+
United Kingdom3
United States4
Uruguay

Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

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

In April 2016, the Supreme Tribunal of Justice announced it will hear a case seeking to declare Article 44 of the Civil Code unconstitutional for outlawing same-sex marriage.[4] Proposals allowing for either civil unions or marriage for same-sex couples are currently being debated in Parliament.

Constitution

Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal

The Constitution of Venezuela, adopted in 1999, defines marriage as a union between a man and a woman, thus constitutionally banning same-sex marriage.[5] In February 2008, the Supreme Tribunal of Justice (Spanish: Tribunal Supremo de Justicia) ruled in favor of Unión Afirmativa (Affirmative Union), a group advocating for same-sex marriage, who had asked for clarity on Article 21 (the article about equality before the law) and Article 77 (the article about marriage).[6] They argued that the sentence is unclear and does not determine the possibility of recognition of economic and social rights for same-sex couples. Furthermore, they asked whether same-sex couples have the rights mentioned above and what is the scope of these rights: property in case of a dissolution of the couple by separation or death, the legal obligations of mutual assistance, the right to adoption, the benefits of social security as a couple, protection against domestic violence, the possibility of acquiring the nationality of the partner, among others. The Court ruled that the National Assembly "could" (but was not bound to) legislate in order to protect such rights for same-sex partners. The Court ruled that the Constitution does not prohibit same-sex de facto unions, but also does not require their recognition.[7]

Article 77 of the Constitution reads as follows:[8]

Marriage between a man a woman, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected. A stable de facto union between a man and a woman which meets the requirements established by law shall have the same effects as marriage.

In January 2015, a lawsuit for the right to marry was filed before the country's Supreme Court.[9][10][11] On 28 April 2016, the Supreme Court announced it would hear the case. The lawsuit seeks to declare Article 44 of the Civil Code unconstitutional because it states that marriage is only legally valid between a man and a woman in Venezuela.[11][12][4][13] In January 2017, LGBT activists in Venezuela began collecting signatures in support of same-sex marriage in various cities throughout the country.[14]

According to reports published in February 2018, six of the seven Supreme Court judges support same-sex marriage, Judge Calixto Ortega being the exception.[15]

On 15 August 2016, a Venezuelan citizen and his American husband, Carlos J. Holder Wendell and Patrick A. Holder Wendell, filed a lawsuit in the U.S. District Court of Massachusetts against the Venezuelan Government for their failure to register and recognize their legal marriage after multiple requests and petitions to the Venezuelan Consulate in Boston and Consul General Rosalba Gil. Their lawsuit alleges that the Venezuelan Government's refusal to register and recognize their marriage violates the Venezuelan Constitution and is in violation of the Venezuelan Civil Code. It also alleges that the actions of the Government are in violation of the Hague Convention on Consular Relations, a treaty to which both the U.S. and Venezuela are a party to.[16][17]

Legislative action

Civil unions

On 20 March 2009, National Assembly MP Romelia Matute announced that the Assembly would legalize same-sex unions and recognize them as asociaciones de convivencia (association by cohabitation).[18] 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.[19] The changes to the law were postponed multiple times.[20]

In June 2016, Venezuela's opposition announced that it will work on a civil union bill. A prominent committee member said that the new law would allow couples to seek some benefits.[21]

It has been widely reported that same-sex civil unions are recognized in the state of Mérida. These reports do not cite any statutory or decisional law to support such recognition.[22]

Marriage

On 28 December 2005, then Vice President José Vicente Rangel announced that a referendum would be held sometime in 2007 to make same-sex marriage legal in the country. No such referendum subsequently occurred.[23]

On 31 January 2014, during a debate on a Civil Code reform bill, LGBT activists submitted a proposal seeking to legalize same-sex marriage. The proposal was accompanied with 21,000 signatures as well as support from the governments of the states of Barinas, Falcón, Mérida, Monagas, Táchira, Yaracuy and Zulia.[24] The proposal seeks to alter Article 44 of the Civil Code to allow for same-sex marriages in Venezuela.

In November 2017, President Nicolás Maduro said that "I think everyone should be able to get married, even if they're homosexual" ("Creo que todo el mundo se puede casar, aunque sea homosexual"). In addition, he said that the Constituent Assembly would agree to discuss legalising same-sex marriage.[25][26]

In September 2018, Hermann Escarrá, a member of the Constituent Assembly, said that there are discussions in the drafting of the new Constitution of Venezuela to allow same-sex marriage in the country,[27] and that the move has majority support in the assembly.[28] Discussion of each article of the new Constitution is expected to begin at the end of 2018 or early 2019.[29][30]

Public opinion

According to a Pew Research Center survey, conducted between November 8, 2013 and February 12, 2014, 28% of Venezuelans supported same-sex marriage, 61% were opposed.[31][32]

According to the 2014 AmericasBarometer (published in June 2015), 29.6% of Venezuelans were in favour of same-sex marriage.[33]

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. 1 2 (in Spanish) TSJ admite demanda para anular artículo del Código Civil que impide matrimonio homosexual
  5. ↑ "Constitución de la República Bolivariana de Venezuela" (PDF) (in Spanish). Retrieved 14 April 2016.
  6. ↑ Gay Politics in Venezuela
  7. ↑ "SALA CONSTITUCIONAL Magistrado Ponente: PEDRO RAFAEL RONDÓN HAAZ". EL TRIBUNAL SUPREMO DE JUSTICA. February 28, 2008. Archived from the original on August 19, 2015.
  8. ↑ Constitución de la República Bolivariana de Venezuela
  9. ↑ Acción Popular por Inconstitucionalidad del Artículo 44 del Código Civil Venezolano
  10. ↑ Piden al TSJ modificar el Código Civil para permitir matrimonio igualitario Archived 2015-04-02 at the Wayback Machine.
  11. 1 2 "Más de 12 mil parejas homosexuales venezolanas se beneficiarían con matrimonio igualitario". Alba TV. 5 May 2016.
  12. ↑ "The Struggle isn't Over": Venezuela Moves Towards Marriage Equality". Venezuelanalysis.com. 5 May 2016.
  13. ↑ (in Spanish) Día Mundial contra la Homofobia y la Transfobia en Venezuela aún hay materias pendientes
  14. ↑ Demanda Popular de Nulidad por Inconstitucionalidad del Art. 44 del Código Civil
  15. ↑ (in Spanish) El Tribunal Supremo de Venezuela busca abrirle las puertas al matrimonio gay
  16. ↑ "Holder Wendell v. The Bolivarian Republic of Venezuela (1:16-cv-11649), Massachusetts District Court". www.pacermonitor.com. Retrieved 2016-09-28.
  17. ↑ Orecchio-Egresitz, Haven. "Gay Yarmouth Port couple sue to have marriage recognized". Retrieved 2016-09-28.
  18. ↑ Venezuela: Same-sex partnerships on fast track to being legally recognized, says legislator
  19. ↑ Same-Sex Unions Not On the Table After All?
  20. ↑ (in Spanish) El Tiempo. En busca del matrimonio gay en Venezuela. Retrieved 13 January 2014.
  21. ↑ (in Spanish) AN promoverá leyes para reconocer unión de personas del mismo sexo
  22. ↑ (in Spanish) Legal Recognition of Same-Sex Relationships: Venezuela
  23. ↑ Venezuela’s Sexual Revolution Within the Revolution
  24. ↑ Becker, Sabina (29 January 2014). "Equal marriage: coming soon to Venezuela?". News of the Restless.
  25. ↑ (in Spanish) Maduro: "Creo que todo el mundo se puede casar, aunque sea homosexual" shangay.com, 20 November 2017
  26. ↑ (in Spanish) ¿Está Maduro a favor de legalizar el matrimonio homosexual y despenalizar el aborto en Venezuela? La Sexta, 20 November 2017
  27. ↑
  28. ↑
  29. ↑
  30. ↑
  31. ↑ Religion in Latin America Chapter 5: Social Attitudes
  32. ↑ Religion in Latin America Appendix A: Methodology
  33. ↑ AmericasBarometer: Topical Brief – June 2, 2015
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