Wikipedia
LGBT rights in the Americas
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in the Americas, and acceptance of LGBT persons varies widely.
LGBT rights in the Americas | |
|---|---|
Status of same-sex marriage and other types of same-sex partnerships in the Americas. Same-sex marriage1 Other type of registered partnership1 Limited domestic recognition1 Foreign marriages recognized for residency only Unrecognized Constitution restricts marriage to opposite-sex couples 1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet. | |
| Status | Legal in 29 out of 35 states Legal in all 21 territories |
| Gender identity | Legal in 13 out of 35 states Legal in 8 out of 21 territories |
| Military | Allowed to serve openly in 14 out of 29 states that have an army Allowed in all 21 territories |
| Discrimination protections | Protected in 22 out of 35 states Protected in 14 out of 21 territories |
| Family rights | |
| Recognition of relationships | Recognized in 11 out of 35 states Recognized in 18 out of 21 territories |
| Restrictions | Same-sex marriage constitutionally banned in 7 out of 35 states |
| Adoption | Legal in 7 out of 35 states Legal in 13 out of 21 territories |
Same-sex marriages are currently legal in Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Ecuador, Mexico, United States and Uruguay. Among non-independent states, same-sex marriage is also legal in Greenland, the British Overseas Territories of the Falkland Islands and South Georgia and the South Sandwich Islands, all French territories (Guadeloupe, Martinique, Saint Barthélemy, French Guiana, Saint Martin, and Saint Pierre and Miquelon), and in the Caribbean Netherlands, while marriages performed in the Netherlands are recognized in Aruba, Curaçao and Sint Maarten. More than 800 million people live in nations or sub-national entities in the Americas where same-sex marriages are available.
In January 2018, the Inter-American Court of Human Rights ruled that the American Convention on Human Rights recognizes same-sex marriage as a human right.[1] This has made the legalization of such unions mandatory in the following countries: Barbados, Bolivia, Chile, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, and Suriname. Argentina, Brazil, Colombia, and Uruguay are also under the court's jurisdiction, but already had same-sex marriage before the ruling was handed down.
However, six other nations still have criminal punishment for "buggery" on their statute books.[2] These are Dominica, Grenada, Guyana, Jamaica, Saint Lucia, and Saint Vincent and the Grenadines, of which Guyana is on mainland South America, while the rest are Caribbean islands. They are all former parts of the British West Indies.
Religion and LGBT acceptance
The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe. In particular, the Roman Catholic Church and the Protestants, both of which oppose legal recognition of homosexual relationships. These were followed by the Eastern Orthodox church,[3] the Methodist Church,[4][5] and some other Mainline (Protestant) denominations, such as the Reformed Church in America[6] and the American Baptist Church,[7] as well as conservative evangelical organizations and churches, such as the Evangelical Alliance and the Southern Baptist Convention.[8][9][10] Pentecostal churches, such as the Assemblies of God,[11] as well as restorationist churches (like Jehovah's Witnesses and Mormons), also take the position that homosexual sexual activity is ‘sinful’.[12][13]
However, other denominations have become more accepting of LGBT people in recent decades, including the Episcopalian church in the United States, the Evangelical Lutheran Church (also in America), the Evangelical Lutheran Church of Canada, the Anglican Church of Canada, the United Church of Canada, the United Church of Christ, the Unitarian Universalist Association, and the Society of Friends (Quakers), as well as some congregations of the Presbyterian Church in America. Most of these denominations now perform same-sex weddings or blessings. Furthermore, many churches in the United Methodist Church (in the US) are choosing to officiate and bless same-sex marriage despite denomination-wide restrictions.[14] In addition, in the United States, conservative Judaism, reform Judaism, and reconstructionist Judaism now welcome LGBT worshippers and perform same-sex weddings.
Indicates the country/territory has legalized same-sex adoption nationwide
Indicates that same-sex adoption is legal in certain parts of the country
Indicates that the country has step-child adoption or partner-guardianship
| Country | Pollster | Year | For | Against | Don't Know/Neutral/No answer/Other |
|---|---|---|---|---|---|
| Argentina | Ipsos | 2021 | 73%[15] | 21% | 6% |
| Brazil | Ipsos | 2021 | 69%[15] | 25% | 7% |
| Canada | Ipsos | 2021 | 81%[15] | 13% | 6% |
| Chile | CADEM | 2022 | 70%[16] | 28% | 2% |
| Colombia | Ipsos | 2021 | 46%[15] | 44% | 8% |
| Mexico | Ipsos | 2021 | 59%[15] | 34% | 7% |
| Peru | Ipsos | 2021 | 41%[15] | 52% | 7% |
| US | Ipsos | 2021 | 72%[15] | 22% | 6% |
| Uruguay | Equipos Consultores | 2013 | 52% [17] | 39% | 9% |
Recognition of same-sex unions in South America Marriage Other type of partnership Country subject to IACHR ruling Unrecognized Constitution limits marriage to opposite-sex couples Same-sex sexual activity illegal, though penalties not enforced | Homosexuality laws in Central America and the Caribbean Islands. Same-sex marriage Other type of partnership Unregistered cohabitation Country subject to IACHR ruling No recognition of same-sex couples Constitution limits marriage to opposite-sex couples Same-sex sexual activity illegal but law not enforced | Recognition of same-sex unions in the Lesser Antilles and Puerto Rico Same-sex marriage Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for Other type of partnership Unregistered cohabitation No recognition of same-sex couples Constitutional ban on same-sex marriage Same-sex sexual activity illegal but penalties not enforced Island subject to IACHR ruling |
Legislation by country or territory
Tables:
North America
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Bermuda (Overseas Territory of the United Kingdom) | Legal since 1994; Age of consent discrepancy + UN decl. sign.[2] | Domestic partnerships since 2018[18] | Was legal between November 2018 and March 2022 and between May 2017 and June 2018 | Legal since 2015[19] | UK responsible for defence | Bans all anti-gay discrimination[20] | |
| Canada | Legal since 1969 + UN decl. sign.[2][21] | Domestic partnerships in Nova Scotia (2001);[22] Civil unions in Quebec (2002);[23] Adult interdependent relationships in Alberta (2003);[24] Common-law relationships in Manitoba (2004)[25] | Legal in some provinces and territories since 2003, nationwide since 2005[26] | Legal in some provinces and territories since 1996, nationwide since 2011[27] | Since 1992[28]; Includes transgender people[29] | Bans all anti-gay discrimination. Ban on conversion therapy since 2022 nationwide | Transgender people can change their gender and name without completion of medical intervention and human rights protections explicitly include gender identity or expression within all of Canada since 2017[30][31][32][33] |
| Greenland (Autonomous Territory within the Kingdom of Denmark) | Legal since 1933 + UN decl. sign.[2] | Registered partnerships between 1996 and 2016 (Existing partnerships are still recognised.)[34] | Legal since 2016 | Stepchild adoption since 2009;[35] joint adoption since 2016[36] | The Kingdom of Denmark responsible for defence | Bans some anti-gay discrimination[2] | Legal gender change and recognition possible without surgery or hormone therapy[37][38] |
| Mexico | Legal since 1871 + UN decl. sign.[2] | / Civil unions in Mexico City (2007), Coahuila (2007),[39] Colima (between 2013 and 2016),[40] Campeche (2013),[41] Jalisco (between 2014 and 2018),[42] Michoacán (2015), Tlaxcala (2017), and Veracruz (2020) | Legal Nationwide (2022) | / Legal in Mexico City (2010),[43] Coahuila (2014), Chihuahua (2015), Jalisco (2016), Michoacán (2016), Colima (2016), Morelos (2016), Campeche (2016), Veracruz (2016), Baja California (2017), Querétaro (2017), Chiapas (2017), Puebla (2017), Aguascalientes (2018), San Luis Potosi (2019), Hidalgo (2019), Quintana Roo (2022), Baja California Sur (2022), Durango, Tamaulipas, Jalisco, and Nuevo Leon (the latter four never had bans)[44][45] | (ambiguous) | Bans all anti-gay discrimination[46] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Mexico City (2020), México (2020), Baja California Sur (2020), Colima (2021), Tlaxcala (2021), Yucatán (2021) and Zacatecas (2021), Baja California (2022), Hidalgo (2022), Jalisco (2022), and Puebla (2022) | / Transgender persons can change their legal gender and name in Mexico City (2008),[47] Michoacán (2017), Nayarit (2017), Coahuila (2018), Hidalgo (2019), San Luis Potosí (2019), Colima (2019), Baja California (2019), Oaxaca (2019), Tlaxcala (2019), Chihuahua (2019), Sonora (2020), Jalisco (2020), Quintana Roo (2020), Puebla (2021), Baja California Sur (2021), México (2021), Morelos (2021), Sinaloa (2022), Zacatecas (2022), and Durango (2023) [48] |
| Saint Pierre and Miquelon (Overseas collectivity of France) | Legal since 1791 + UN decl. sign.[2] | Civil solidarity pact since 1999[49] | Legal since 2013[50] | Legal since 2013[51] | Bans all anti-gay discrimination[52] | Under French law[53] | |
| United States | Legal in some states since 1962, nationwide since 2003 + UN decl. sign.[2] | Domestic partnerships in California (1999), the District of Columbia (2002), Maine (2004), Washington (2007), Maryland (2008), Oregon (2008), Nevada (2009) and Wisconsin (2009). Civil unions in Vermont (2000), Connecticut (2005), New Jersey (2007), New Hampshire (2008), Illinois (2011), Rhode Island (2011), Delaware (2012), Hawaii (2012) and Colorado (2013). | Legal in some states since 2004, nationwide since 2015 | Legal in some states since 1993, nationwide since 2016 | / Lesbians, gays, and bisexuals have been allowed to serve openly in the U.S. military since 2011, following the repeal of the Don't Ask, Don't Tell policy. Transgender people have been allowed to serve openly since 2021.[54] "Transvestites" are currently banned from the military since 2012.[55] Most openly Intersex people may be banned from the military under the Armed Forces ban of "hermaphrodites".[55] | / Employment discrimination on the basis of sexual orientation is prohibited nationwide since 2020. More extensive protections exist in 23 states, DC, and some municipalities. Conversion therapy for minors is banned in 22 states, DC, and some municipalities. Sexual orientation is covered by the federal hate crime law since 2009. | / Since April 11, 2022 by legal self determination - gender X became available and recognized formally on US passports.[56] Gender change is legal on birth certificates (under varying conditions by state), in 48 states + DC. Nonbinary gender markers are available, under varying circumstances, in 25 states + DC. Employment discrimination on the basis of gender identity is prohibited nationwide since 2020. More extensive protections exist in 22 states, DC, and some municipalities. Gender identity is covered by the federal hate crime law since 2009. |
Central America
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Belize | Legal since 2016[57] | Bans all anti-gay discrimination[58][59][60] | [61] | ||||
| Costa Rica | Legal since 1971 + UN decl. sign.[2] | Unregistered cohabitation since 2014[62][63] | Legal since May 2020 | Legal since May 2020[64] | Has no military | Bans all anti-gay discrimination[2] | / Transgender persons can change their legal name without surgeries or judicial permission since 2018. Legal gender cannot be changed. Sex indicator removed from all ID cards issued since May 2018[65][66][67] One-time sex change allowed for passports. [68] |
| El Salvador | Legal since 1822 + UN decl. sign.[2] | [69][70] | Bans all anti-gay discrimination[69] | [71] Bans discrimination based on gender identity. | |||
| Guatemala | Legal since 1871 + UN decl. sign.[2] | Pending | Bans some anti-gay discrimination | [72] | |||
| Honduras | Legal since 1899 + UN decl. sign.[2] | Constitutional ban on de facto unions since 2005 | Constitutional ban since 2005;[73][74] court decision pending | Constitutional ban since 2005 | Bans all anti-gay discrimination[75] | ||
| Nicaragua | Legal since 2008 + UN decl. sign.[2] | Bans some anti-gay discrimination[2] | |||||
| Panama | Legal since 2008 + UN decl. sign.[2] | Court decision pending | Court decision pending | Court decision pending | Has no military | Bans some anti-gay discrimination[76][77] | Transgender persons can change their legal gender and name after completion of medical intervention since 2006[78][79] |
Caribbean
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Anguilla (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign.[2] | UK responsible for defence | |||||
| Antigua and Barbuda | Legal since 2022 | ||||||
| Aruba (Constituent country of the Kingdom of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[2] | Registered partnerships since 2021[80] | / Same-sex marriages performed in the Netherlands recognized[81] | The Netherlands responsible for defence | Bans all anti-gay discrimination[82] | ||
| Bahamas | Legal since 1991; Age of consent discrepancy + UN decl. sign.[2] | [2] | |||||
| Barbados | Legal since 2022. | / Foreign Domestic Partnerships recognized for immigration purposes "Welcome Stamp"[83] Civil Unions proposed.[84] | Bans some anti-gay discrimination[85] | ||||
| Bonaire (a special municipality of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign.[2] | Registered partnerships since 2012[86] | Legal since 2012[87] | [88] | The Netherlands responsible for defence | Bans all anti-gay discrimination[89] | |
| British Virgin Islands (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign.[2] | UK responsible for defence | Bans all anti-gay discrimination[90] | ||||
| Cayman Islands (Overseas Territory of the United Kingdom) | Legal since 2001; Age of consent discrepancy[2] + UN decl. sign. | Civil partnerships since 2020[91] | Legal since 2020 | UK responsible for defence | |||
| Cuba | Legal since 1979 + UN decl. sign.[2] | Legal since 2022 | Legal since 2022 | Legal since 2022 | [2][92] | Bans all anti-gay discrimination [93][94][95] | Transgender people allowed to change gender after sex change operations[96] |
| Curaçao (Constituent country of the Kingdom of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[2] | Legal from 7 March 2023 | Legal from 7 March 2023 | The Netherlands responsible for defence | Bans all anti-gay discrimination[97] | ||
| Dominica | Illegal Penalty: 10-year prison sentence or incarceration in a psychiatric institution (Not enforced). Legalization proposed + UN decl. sign.[2] | ||||||
| Dominican Republic | Legal since 1822 + UN decl. sign.[2] | Constitutional ban since 2010[citation needed] | [98] | ||||
| Grenada | Male illegal Penalty: 10-year prison sentence (not enforced). [99] Legalization proposed Female always legal[2] | Has no military | |||||
| Guadeloupe (Overseas department of France) | Legal since 1791 + UN decl. sign.[2] | Civil solidarity pact since 1999[49] | Legal since 2013[50] | Legal since 2013[51] | France responsible for defence | Bans all anti-gay discrimination[52] | Under French law[53] |
| Haiti | Legal since 1791 (as Saint-Domingue)[2] | Has no military | |||||
| Jamaica | Male illegal Penalty: 10 years and/or hard labor (Not enforced). Legalization proposed Female always legal.[2] | Constitutional ban since 1962 | |||||
| Martinique (Overseas department of France) | Legal since 1791 + UN decl. sign.[2] | Civil solidarity pact since 1999[49] | Legal since 2013[50] | Legal since 2013[51] | France responsible for defence | Bans all anti-gay discrimination[52] | Under French law[53] |
| Montserrat (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign.[2] | UK responsible for defence | Bans all anti-gay discrimination[100] | ||||
| Puerto Rico (Commonwealth of the United States) | Legal since 2003 | Legal since 2015 | Legal since 2015[101] | Legal since 2015 | United States responsible for defense[102][103] | Bans some anti-gay discrimination | Gender change legal since 2018; does not require surgery |
| Saba (a special municipality of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign.[2] | Registered partnerships since 2012[86] | Legal since 2012[87] | [88] | The Netherlands responsible for defence | Bans all anti-gay discrimination[89] | [104] |
| Saint Barthélemy (Overseas collectivity of France) | Legal since 1791 + UN decl. sign.[2] | Civil solidarity pact since 1999[49] | Legal since 2013[50] | Legal since 2013[51] | France responsible for defence | Bans all anti-gay discrimination[52] | Under French law[53] |
| Saint Kitts and Nevis | Legal since 2022 | ||||||
| Saint Lucia | Male illegal Penalty: Fine and/or 10-year prison sentence (Not enforced). Legalization proposed Female always legal[2] | Has no military | Bans some anti-gay discrimination | ||||
| Saint Martin (Overseas collectivity of France) | Legal since 1791 + UN decl. sign.[2] | Civil solidarity pact since 1999[49] | Legal since 2013[50] | Legal since 2013[51] | France responsible for defence | Bans all anti-gay discrimination[52] | Under French law[53] |
| Saint Vincent and the Grenadines | Illegal Penalty: Fine and/or 10-year prison sentence (Not enforced).[2] Legalization proposed | Has no military | |||||
| Sint Eustatius (a special municipality of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign.[2] | Registered partnerships since 2012[86] | Legal since 2012[87] | [88] | The Netherlands responsible for defence | Bans all anti-gay discrimination[89] | |
| Sint Maarten (Constituent country of the Kingdom of the Netherlands) | Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[2] | / Same-sex marriages performed in the Netherlands recognized[81] | The Netherlands responsible for defence | Bans all anti-gay discrimination[105] | |||
| Trinidad and Tobago | Legal since 2018[106] | ||||||
| Turks and Caicos Islands (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign.[2] | UK responsible for defence | Bans all anti-gay discrimination[2] | ||||
| United States Virgin Islands (Territory of the United States) | Legal since 1985 | Legal since 2015[107] | Legal since 2015[107] | Legal since 2015[107] | United States responsible for defense[102][103] | Bans all anti-gay discrimination[108] | Legislation enacted in 2022, also explicitly includes gender identity.[109] |
South America
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGB people allowed to serve openly in military | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Argentina | Legal since 1887 + UN decl. sign.[2] | Civil unions in Buenos Aires (2003),[110] Río Negro Province (2003),[111] Villa Carlos Paz (2007) and Río Cuarto (2009) Cohabitation unions nationwide since 2015[112] | Legal since 2010[113] | Legal since 2010 | Since 2009[114] | / Legal protection in some cities;[115] pending nationwide. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 | Transgender persons can change their legal gender and name without surgeries or judicial order since 2012[116] Transgender persons have a law reserving 1% of Argentina's public sector jobs. Economic incentives included in the new law aim to help trans people find work in all sectors. [117] |
| Bolivia | Legal since 1832 + UN decl. sign.[2] | [118] "Free unions" officially recognised since 2020.[119] | Constitutional ban since 2009[120] | LGBT individuals may adopt, but not same-sex couples[121] | Since 2015[122][123][124]; Includes transgender people[29] | Bans all anti-gay discrimination[2] | Transgender persons can change their legal gender and name without surgeries or judicial order since 2016[125][126][127][128] |
| Brazil | Legal since 1831 + UN decl. sign.[2] | "Stable unions" legal in some states since 2004; all rights as recognized family entities available nationwide since 2011[129][130] | Legal in some states since 2012, nationwide since 2013[131][132] | Legal since 2010[133] | Since 1969[134] | Bans all anti-gay discrimination.[135] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999[136][137] | Transgender people can change their legal gender and name before a notary without the need of surgeries or judicial order since 2018. The sex reassignment surgery, hormonal and psychological treatment are offered free of charge by the Brazilian Unified Health System (UHS) [138][139][140] |
| Chile | Legal since 1999 + UN decl. sign.[2] | Civil unions since 2015[141] | Legal since 2022[142] | Legal since 2022[142] | Since 2012[143]; Includes transgender people[144] | Bans all anti-gay discrimination[145] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 | Transgender persons can change their legal gender and name since 1974. No surgeries or judicial order since 2019.[146] |
| Colombia | Legal since 1981 + UN decl. sign.[2] | De facto marital union since 2007[147] | Legal since 2016[148] | Stepchild adoption since 2014;[149] joint adoption since 2015[150] | Since 1999[2] | Bans all anti-gay discrimination[151] | Since 2015, transgender persons can change their legal gender and name manifesting their solemn will before a notary, no surgeries or judicial order required[152] |
| Ecuador | Legal since 1997 + UN decl. sign.[2] | De facto unions since 2009[153][154] | Legal since 2019[155] | LGBT individuals may adopt, but not same-sex couples[156] | [157] | Bans all anti-gay discrimination.[158] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2014 | Since 2016, transgender persons are allowed to change their birth name and gender identity; no surgeries or judicial order required[159][160][161] |
| Falkland Islands (Overseas Territory of the United Kingdom) | Legal since 1989 + UN decl. sign.[2] | Civil partnerships since 2017[162] | Legal since 2017[162] | Legal since 2017 | UK responsible for defence | Bans all anti-gay discrimination[163] | |
| French Guiana (Overseas department of France) | Legal since 1791 + UN decl. sign.[2] | Civil solidarity pact since 1999[49] | Legal since 2013[50] | Legal since 2013[51] | France responsible for defence | Bans all anti-gay discrimination[52] | Under French law[53] |
| Guyana | Illegal Penalty: Up to life imprisonment (Not enforced).[2] Legalization proposed | [164] | [165] | ||||
| Paraguay | Legal since 1880; Age of consent discrepancy + UN decl. sign.[2] | Constitutional ban on de facto unions since 1992[166] | Constitutional ban since 1992[167] | [168] | Bans some anti-gay discrimination. Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2022 | ||
| Peru | Legal since 1924 + UN decl. sign.[2] | / Limited recognition for same-sex partners of health-care workers since 2020. | Since 2009[169] | Bans all anti-gay discrimination[170][171][172][173][174] | Transgender persons can change their legal gender and name without the need for the completion of medical intervention since 2016. Judicial order required.[175][176] | ||
| South Georgia and the South Sandwich Islands (Overseas Territory of the United Kingdom) | Legal since 2001 + UN decl. sign. | Legal since 2014[177] | Legal since 2014[177] | UK responsible for defence | |||
| Suriname | Legal since 1869 (as Dutch Guiana); Age of consent discrepancy | Bans all anti-gay discrimination[178] | Transgender persons can change their legal gender since 2022. Court order required.[179][180][181] | ||||
| Uruguay | Legal since 1934 + UN decl. sign.[2] | Concubinage union since 2008[182] | Legal since 2013[183] | Legal since 2009[184] | Since 2009[185] | Bans all anti-gay discrimination.[186] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2017 | Transgender persons can change their legal gender and name without surgeries or judicial order required since 2009.[187] Self-determination since 2018. |
| Venezuela | Legal since 1997 + UN decl. sign.[2] | Constitutional ban on de facto stable unions since 1999 | Constitutional ban since 1999 | Bans some anti-gay discrimination[2] |
Public opinion
Same-sex marriage
Indicates the country/territory has legalized same-sex marriage nationwide
Indicates that same-sex marriage is legal in certain parts of the country
Indicates that the country has civil unions or registered partnerships
Indicates that same-sex sexual activity is illegal
| Country | Pollster | Year | For | Against | Neutral[a] | Margin of error | Source |
|---|---|---|---|---|---|---|---|
| Antigua and Barbuda | AmericasBarometer | 2017 | 12% | - | - | [188] | |
| Argentina | Ipsos | 2021 | 73% | 10% | [15] | ||
| Bahamas | AmericasBarometer | 2014 | 11% | - | - | [189] | |
| Belize | AmericasBarometer | 2014 | 8% | - | - | [189] | |
| Bolivia | AmericasBarometer | 2017 | 35% | - | - | [188] | |
| Brazil | Ipsos | 2021 | 50% | 48% | - | [15] | |
| Canada | Ipsos | 2021 | 75% | 8% | [15] | ||
| Chile | Plaza Pública-Cadem | 2021 | 74% | 24% | 2% | [190] | |
| Colombia | Ipsos | 2021 | 46% | 17% | - | [15] | |
| Costa Rica | CIEP | 2018 | 35% | 64% | 1% | [191] | |
| Cuba | Gallup | 2019 | 63.1% | 36.9% | [192] | ||
| Dominica | AmericasBarometer | 2017 | 10% | - | - | [188] | |
| Dominican Republic | CDN 37 | 2018 | 45% | 55% | - | [193] | |
| Ecuador | AmericasBarometer | 2019 | 22.9% | 51.3% | 25.8% | [194] | |
| El Salvador | Universidad Francisco Gavidia | 2021 | 82.5% | [195] | |||
| Grenada | AmericasBarometer | 2017 | 12% | - | - | [188] | |
| Guatemala | AmericasBarometer | 2017 | 23% | - | - | [188] | |
| Guyana | AmericasBarometer | 2017 | 21% | - | - | [189] | |
| Haiti | AmericasBarometer | 2017 | 5% | - | - | [188] | |
| Honduras | CID Gallup | 2018 | 17% | 75% | 8% | [196] | |
| Jamaica | AmericasBarometer | 2017 | 16% | - | - | [188] | |
| Mexico | Ipsos | 2021 | 63% | 10% | - | [15] | |
| Nicaragua | AmericasBarometer | 2017 | 25% | - | - | [188] | |
| Panama | AmericasBarometer | 2017 | 22% | - | - | [188] | |
| Paraguay | AmericasBarometer | 2017 | 26% | - | - | [188] | |
| Peru | Ipsos | 2021 | 35% | 18% | [15] | ||
| Saint Kitts and Nevis | AmericasBarometer | 2017 | 9% | - | - | [188] | |
| Saint Lucia | AmericasBarometer | 2017 | 11% | - | - | [188] | |
| Saint Vincent and the Grenadines | AmericasBarometer | 2017 | 4% | - | - | [188] | |
| Suriname | AmericasBarometer | 2014 | 18% | - | - | [189] | |
| Trinidad and Tobago | AmericasBarometer | 2014 | 16% | - | - | [189] | |
| United States | Ipsos | 2021 | 59% | 15% | [15] | ||
| Uruguay | Equipos Consultores | 2019 | 59% | 28% | 13% | [197] | |
| Venezuela | AmericasBarometer | 2017 | 39% | - | - | [188] |
| Country | Pollster | Year | For | Against | Neutral[a] | Margin of error | Source |
|---|---|---|---|---|---|---|---|
| Aguascalientes | INEGI | 2017 | - | 35.9% | - | [198] | |
| Baja California | INEGI | 2017 | - | 30.7% | - | [198] | |
| Baja California Sur | INEGI | 2017 | - | 42.1% | - | [198] | |
| Bermuda | OUTBermuda | 2020 | 53% | 35% | 11% | [199] | |
| Campeche | INEGI | 2017 | - | 56.1% | - | [198] | |
| Chiapas | INEGI | 2017 | - | 58.7% | - | [198] | |
| Chihuahua | INEGI | 2017 | - | 36.4% | - | [198] | |
| Coahuila | INEGI | 2017 | - | 46.8% | - | [198] | |
| Colima | INEGI | 2017 | - | 39.2% | - | [198] | |
| Durango | INEGI | 2017 | - | 38.8% | - | [198] | |
| Guanajuato | INEGI | 2017 | - | 38.7% | - | [198] | |
| Guerrero | INEGI | 2017 | - | 54% | - | [198] | |
| Hidalgo | INEGI | 2017 | - | 41.7% | - | [198] | |
| Jalisco | INEGI | 2017 | - | 34.2% | - | [198] | |
| Mexico City | INEGI | 2017 | - | 28.6% | - | [198] | |
| Michoacán | INEGI | 2017 | - | 46% | - | [198] | |
| Morelos | INEGI | 2017 | - | 38.5% | - | [198] | |
| Nayarit | INEGI | 2017 | - | 38.8% | - | [198] | |
| Nuevo León | INEGI | 2017 | - | 44.4% | - | [198] | |
| Oaxaca | INEGI | 2017 | - | 52.2% | - | [198] | |
| Puebla | INEGI | 2017 | - | 37.1% | - | [198] | |
| Puerto Rico | Pew Research Center | 2014 | 33% | 55% | 12% | [200] | |
| Querétaro | INEGI | 2017 | - | 32.4% | - | [198] | |
| Quintana Roo | INEGI | 2017 | - | 37.9% | - | [198] | |
| San Luis Potosí | INEGI | 2017 | - | 38.6% | - | [198] | |
| Sinaloa | INEGI | 2017 | - | 37.7% | - | [198] | |
| Sonora | INEGI | 2017 | - | 31.4% | - | [198] | |
| State of Mexico | INEGI | 2017 | - | 33.8% | - | [198] | |
| Tabasco | INEGI | 2017 | - | 56.5% | - | [198] | |
| Tamaulipas | INEGI | 2017 | - | 44.4% | - | [198] | |
| Tlaxcala | INEGI | 2017 | - | 43.9% | - | [198] | |
| Veracruz | INEGI | 2017 | - | 54.3% | - | [198] | |
| Yucatán | INEGI | 2017 | - | 43% | - | [198] | |
| Zacatecas | INEGI | 2017 | - | 37.4% | - | [198] |
See also
Notes
References
- ^ Malta, Monica; Cardoso, Reynaldo; Montenegro, Luiz; De Jesus, Jaqueline Gomes; Seixas, Michele; Benevides, Bruna; Das Dores Silva, Maria; Legrand, Sara; Whetten, Kathryn (6 November 2019). "Sexual and gender minorities rights in Latin America and the Caribbean: a multi-country evaluation" (PDF). Monica Malta. 19 (1): 31. doi:10.1186/s12914-019-0217-3. PMC 6836409. PMID 31694637. Retrieved 26 April 2022.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg "State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association. 17 May 2016. Retrieved 19 May 2016.
- ^ "Holy Synod - Encyclicals - Synodal Affirmations on Marriage, Family, Sexuality, and the Sanctity of Life". Retrieved 29 June 2015.
- ^ . Free Methodist Church. Archived from the original on 13 May 2008. Retrieved 16 May 2008.
- ^ . The United Methodist Church. Archived from the original on 14 September 2016. Retrieved 16 May 2007.
- ^ . Reformed Church in America. Archived from the original on 16 July 2012. Retrieved 21 November 2009.
- ^ . American Baptist Churches USA. Archived from the original on 2 September 2009. Retrieved 21 November 2009.
- ^ . Archived from the original on 3 October 2013. Retrieved 29 June 2015.
- ^ Statement on Homosexuality 2011-08-25 at the Wayback Machine
- ^ . Archived from the original on 21 September 2010. Retrieved 29 June 2015.
- ^ (PDF). Archived from the original (PDF) on 23 November 2011.
- ^ "Homosexuality—How Can I Avoid It?". Awake!: 28–30. February 2007.
- ^ "Interview With Elder Dallin H. Oaks and Elder Lance B. Wickman: "Same-Gender Attraction"". mormonnewsroom.org. Retrieved 29 June 2015.
- ^ . Archived from the original on 26 April 2016. Retrieved 13 July 2016.
- ^ a b c d e f g h i j k
lgbt, rights, americas, lgbt, rights, america, redirects, here, same, topic, united, states, america, lgbt, rights, united, states, laws, governing, lesbian, bisexual, transgender, lgbt, rights, complex, americas, acceptance, lgbt, persons, varies, widely, sta. LGBT rights in America redirects here For for the same topic in the United States of America see LGBT rights in the United States Laws governing lesbian gay bisexual and transgender LGBT rights are complex in the Americas and acceptance of LGBT persons varies widely LGBT rights in the AmericasStatus of same sex marriage and other types of same sex partnerships in the Americas Same sex marriage1 Other type of registered partnership1 Limited domestic recognition1 Foreign marriages recognized for residency only Unrecognized Constitution restricts marriage to opposite sex couples 1May include recent laws or court decisions which have created legal recognition of same sex relationships but which have not entered into effect yet StatusLegal in 29 out of 35 statesLegal in all 21 territoriesGender identityLegal in 13 out of 35 statesLegal in 8 out of 21 territoriesMilitaryAllowed to serve openly in 14 out of 29 states that have an armyAllowed in all 21 territoriesDiscrimination protectionsProtected in 22 out of 35 statesProtected in 14 out of 21 territoriesFamily rightsRecognition of relationshipsRecognized in 11 out of 35 statesRecognized in 18 out of 21 territoriesRestrictionsSame sex marriage constitutionally banned in 7 out of 35 statesAdoptionLegal in 7 out of 35 statesLegal in 13 out of 21 territoriesSame sex marriages are currently legal in Argentina Brazil Canada Chile Colombia Costa Rica Cuba Ecuador Mexico United States and Uruguay Among non independent states same sex marriage is also legal in Greenland the British Overseas Territories of the Falkland Islands and South Georgia and the South Sandwich Islands all French territories Guadeloupe Martinique Saint Barthelemy French Guiana Saint Martin and Saint Pierre and Miquelon and in the Caribbean Netherlands while marriages performed in the Netherlands are recognized in Aruba Curacao and Sint Maarten More than 800 million people live in nations or sub national entities in the Americas where same sex marriages are available In January 2018 the Inter American Court of Human Rights ruled that the American Convention on Human Rights recognizes same sex marriage as a human right 1 This has made the legalization of such unions mandatory in the following countries Barbados Bolivia Chile Costa Rica the Dominican Republic Ecuador El Salvador Guatemala Haiti Honduras Mexico Nicaragua Panama Paraguay Peru and Suriname Argentina Brazil Colombia and Uruguay are also under the court s jurisdiction but already had same sex marriage before the ruling was handed down However six other nations still have criminal punishment for buggery on their statute books 2 These are Dominica Grenada Guyana Jamaica Saint Lucia and Saint Vincent and the Grenadines of which Guyana is on mainland South America while the rest are Caribbean islands They are all former parts of the British West Indies Contents 1 Religion and LGBT acceptance 2 Legislation by country or territory 2 1 North America 2 2 Central America 2 3 Caribbean 2 4 South America 3 Public opinion 3 1 Same sex marriage 4 See also 5 Notes 6 References 7 Further readingReligion and LGBT acceptance EditThe British French Spanish and Portuguese colonists who settled most of the Americas brought Christianity from Europe In particular the Roman Catholic Church and the Protestants both of which oppose legal recognition of homosexual relationships These were followed by the Eastern Orthodox church 3 the Methodist Church 4 5 and some other Mainline Protestant denominations such as the Reformed Church in America 6 and the American Baptist Church 7 as well as conservative evangelical organizations and churches such as the Evangelical Alliance and the Southern Baptist Convention 8 9 10 Pentecostal churches such as the Assemblies of God 11 as well as restorationist churches like Jehovah s Witnesses and Mormons also take the position that homosexual sexual activity is sinful 12 13 However other denominations have become more accepting of LGBT people in recent decades including the Episcopalian church in the United States the Evangelical Lutheran Church also in America the Evangelical Lutheran Church of Canada the Anglican Church of Canada the United Church of Canada the United Church of Christ the Unitarian Universalist Association and the Society of Friends Quakers as well as some congregations of the Presbyterian Church in America Most of these denominations now perform same sex weddings or blessings Furthermore many churches in the United Methodist Church in the US are choosing to officiate and bless same sex marriage despite denomination wide restrictions 14 In addition in the United States conservative Judaism reform Judaism and reconstructionist Judaism now welcome LGBT worshippers and perform same sex weddings Indicates the country territory has legalized same sex adoption nationwide Indicates that same sex adoption is legal in certain parts of the country Indicates that the country has step child adoption or partner guardianship Opinion polls for same sex adoption in Americas Country Pollster Year For Against Don t Know Neutral No answer Other Argentina Ipsos 2021 73 15 21 6 Brazil Ipsos 2021 69 15 25 7 Canada Ipsos 2021 81 15 13 6 Chile CADEM 2022 70 16 28 2 Colombia Ipsos 2021 46 15 44 8 Mexico Ipsos 2021 59 15 34 7 Peru Ipsos 2021 41 15 52 7 US Ipsos 2021 72 15 22 6 Uruguay Equipos Consultores 2013 52 17 39 9 Recognition of same sex unions in South America Marriage Other type of partnership Country subject to IACHR ruling Unrecognized Constitution limits marriage to opposite sex couples Same sex sexual activity illegal though penalties not enforced vte Homosexuality laws in Central America and the Caribbean Islands Same sex marriage Other type of partnership Unregistered cohabitation Country subject to IACHR ruling No recognition of same sex couples Constitution limits marriage to opposite sex couples Same sex sexual activity illegal but law not enforced vte Recognition of same sex unions in the Lesser Antilles and Puerto Rico Same sex marriage Binding domestic court ruling establishing same sex marriage but marriage is not yet provided for Other type of partnership Unregistered cohabitation No recognition of same sex couples Constitutional ban on same sex marriage Same sex sexual activity illegal but penalties not enforced Island subject to IACHR ruling vteLegislation by country or territoryMain article LGBT rights by country or territory Tables viewtalkedit North America Edit LGBT rights in Same sex sexual activity Recognition of same sex unions Same sex marriage Adoption by same sex couples LGB people allowed to serve openly in military Anti discrimination laws concerning sexual orientation Laws concerning gender identity expression Bermuda Overseas Territory of the United Kingdom Legal since 1994 Age of consent discrepancy UN decl sign 2 Domestic partnerships since 2018 18 Was legal between November 2018 and March 2022 and between May 2017 and June 2018 Legal since 2015 19 UK responsible for defence Bans all anti gay discrimination 20 Canada Legal since 1969 UN decl sign 2 21 Domestic partnerships in Nova Scotia 2001 22 Civil unions in Quebec 2002 23 Adult interdependent relationships in Alberta 2003 24 Common law relationships in Manitoba 2004 25 Legal in some provinces and territories since 2003 nationwide since 2005 26 Legal in some provinces and territories since 1996 nationwide since 2011 27 Since 1992 28 Includes transgender people 29 Bans all anti gay discrimination Ban on conversion therapy since 2022 nationwide Transgender people can change their gender and name without completion of medical intervention and human rights protections explicitly include gender identity or expression within all of Canada since 2017 30 31 32 33 Greenland Autonomous Territory within the Kingdom of Denmark Legal since 1933 UN decl sign 2 Registered partnerships between 1996 and 2016 Existing partnerships are still recognised 34 Legal since 2016 Stepchild adoption since 2009 35 joint adoption since 2016 36 The Kingdom of Denmark responsible for defence Bans some anti gay discrimination 2 Legal gender change and recognition possible without surgery or hormone therapy 37 38 Mexico Legal since 1871 UN decl sign 2 Civil unions in Mexico City 2007 Coahuila 2007 39 Colima between 2013 and 2016 40 Campeche 2013 41 Jalisco between 2014 and 2018 42 Michoacan 2015 Tlaxcala 2017 and Veracruz 2020 Legal Nationwide 2022 Legal in Mexico City 2010 43 Coahuila 2014 Chihuahua 2015 Jalisco 2016 Michoacan 2016 Colima 2016 Morelos 2016 Campeche 2016 Veracruz 2016 Baja California 2017 Queretaro 2017 Chiapas 2017 Puebla 2017 Aguascalientes 2018 San Luis Potosi 2019 Hidalgo 2019 Quintana Roo 2022 Baja California Sur 2022 Durango Tamaulipas Jalisco and Nuevo Leon the latter four never had bans 44 45 ambiguous Bans all anti gay discrimination 46 Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Mexico City 2020 Mexico 2020 Baja California Sur 2020 Colima 2021 Tlaxcala 2021 Yucatan 2021 and Zacatecas 2021 Baja California 2022 Hidalgo 2022 Jalisco 2022 and Puebla 2022 Transgender persons can change their legal gender and name in Mexico City 2008 47 Michoacan 2017 Nayarit 2017 Coahuila 2018 Hidalgo 2019 San Luis Potosi 2019 Colima 2019 Baja California 2019 Oaxaca 2019 Tlaxcala 2019 Chihuahua 2019 Sonora 2020 Jalisco 2020 Quintana Roo 2020 Puebla 2021 Baja California Sur 2021 Mexico 2021 Morelos 2021 Sinaloa 2022 Zacatecas 2022 and Durango 2023 48 Saint Pierre and Miquelon Overseas collectivity of France Legal since 1791 UN decl sign 2 Civil solidarity pact since 1999 49 Legal since 2013 50 Legal since 2013 51 Bans all anti gay discrimination 52 Under French law 53 United States Legal in some states since 1962 nationwide since 2003 UN decl sign 2 Domestic partnerships in California 1999 the District of Columbia 2002 Maine 2004 Washington 2007 Maryland 2008 Oregon 2008 Nevada 2009 and Wisconsin 2009 Civil unions in Vermont 2000 Connecticut 2005 New Jersey 2007 New Hampshire 2008 Illinois 2011 Rhode Island 2011 Delaware 2012 Hawaii 2012 and Colorado 2013 Legal in some states since 2004 nationwide since 2015 Legal in some states since 1993 nationwide since 2016 Lesbians gays and bisexuals have been allowed to serve openly in the U S military since 2011 following the repeal of the Don t Ask Don t Tell policy Transgender people have been allowed to serve openly since 2021 54 Transvestites are currently banned from the military since 2012 55 Most openly Intersex people may be banned from the military under the Armed Forces ban of hermaphrodites 55 Employment discrimination on the basis of sexual orientation is prohibited nationwide since 2020 More extensive protections exist in 23 states DC and some municipalities Conversion therapy for minors is banned in 22 states DC and some municipalities Sexual orientation is covered by the federal hate crime law since 2009 Since April 11 2022 by legal self determination gender X became available and recognized formally on US passports 56 Gender change is legal on birth certificates under varying conditions by state in 48 states DC Nonbinary gender markers are available under varying circumstances in 25 states DC Employment discrimination on the basis of gender identity is prohibited nationwide since 2020 More extensive protections exist in 22 states DC and some municipalities Gender identity is covered by the federal hate crime law since 2009 Central America Edit LGBT rights in Same sex sexual activity Recognition of same sex unions Same sex marriage Adoption by same sex couples LGB people allowed to serve openly in military Anti discrimination laws concerning sexual orientation Laws concerning gender identity expression Belize Legal since 2016 57 Bans all anti gay discrimination 58 59 60 61 Costa Rica Legal since 1971 UN decl sign 2 Unregistered cohabitation since 2014 62 63 Legal since May 2020 Legal since May 2020 64 Has no military Bans all anti gay discrimination 2 Transgender persons can change their legal name without surgeries or judicial permission since 2018 Legal gender cannot be changed Sex indicator removed from all ID cards issued since May 2018 65 66 67 One time sex change allowed for passports 68 El Salvador Legal since 1822 UN decl sign 2 69 70 Bans all anti gay discrimination 69 71 Bans discrimination based on gender identity Guatemala Legal since 1871 UN decl sign 2 Pending Bans some anti gay discrimination 72 Honduras Legal since 1899 UN decl sign 2 Constitutional ban on de facto unions since 2005 Constitutional ban since 2005 73 74 court decision pending Constitutional ban since 2005 Bans all anti gay discrimination 75 Nicaragua Legal since 2008 UN decl sign 2 Bans some anti gay discrimination 2 Panama Legal since 2008 UN decl sign 2 Court decision pending Court decision pending Court decision pending Has no military Bans some anti gay discrimination 76 77 Transgender persons can change their legal gender and name after completion of medical intervention since 2006 78 79 Caribbean Edit LGBT rights in Same sex sexual activity Recognition of same sex unions Same sex marriage Adoption by same sex couples LGB people allowed to serve openly in military Anti discrimination laws concerning sexual orientation Laws concerning gender identity expression Anguilla Overseas Territory of the United Kingdom Legal since 2001 UN decl sign 2 UK responsible for defence Antigua and Barbuda Legal since 2022 Aruba Constituent country of the Kingdom of the Netherlands Legal No laws against same sex sexual activity have ever existed in the country UN decl sign 2 Registered partnerships since 2021 80 Same sex marriages performed in the Netherlands recognized 81 The Netherlands responsible for defence Bans all anti gay discrimination 82 Bahamas Legal since 1991 Age of consent discrepancy UN decl sign 2 2 Barbados Legal since 2022 Foreign Domestic Partnerships recognized for immigration purposes Welcome Stamp 83 Civil Unions proposed 84 Bans some anti gay discrimination 85 Bonaire a special municipality of the Netherlands Legal No laws against same sex sexual activity have ever existed in the municipalities UN decl sign 2 Registered partnerships since 2012 86 Legal since 2012 87 88 The Netherlands responsible for defence Bans all anti gay discrimination 89 British Virgin Islands Overseas Territory of the United Kingdom Legal since 2001 UN decl sign 2 UK responsible for defence Bans all anti gay discrimination 90 Cayman Islands Overseas Territory of the United Kingdom Legal since 2001 Age of consent discrepancy 2 UN decl sign Civil partnerships since 2020 91 Legal since 2020 UK responsible for defence Cuba Legal since 1979 UN decl sign 2 Legal since 2022 Legal since 2022 Legal since 2022 2 92 Bans all anti gay discrimination 93 94 95 Transgender people allowed to change gender after sex change operations 96 Curacao Constituent country of the Kingdom of the Netherlands Legal No laws against same sex sexual activity have ever existed in the country UN decl sign 2 Legal from 7 March 2023 Legal from 7 March 2023 The Netherlands responsible for defence Bans all anti gay discrimination 97 Dominica IllegalPenalty 10 year prison sentence or incarceration in a psychiatric institution Not enforced Legalization proposed UN decl sign 2 Dominican Republic Legal since 1822 UN decl sign 2 Constitutional ban since 2010 citation needed 98 Grenada Male illegalPenalty 10 year prison sentence not enforced 99 Legalization proposed Female always legal 2 Has no military Guadeloupe Overseas department of France Legal since 1791 UN decl sign 2 Civil solidarity pact since 1999 49 Legal since 2013 50 Legal since 2013 51 France responsible for defence Bans all anti gay discrimination 52 Under French law 53 Haiti Legal since 1791 as Saint Domingue 2 Has no military Jamaica Male illegalPenalty 10 years and or hard labor Not enforced Legalization proposed Female always legal 2 Constitutional ban since 1962 Martinique Overseas department of France Legal since 1791 UN decl sign 2 Civil solidarity pact since 1999 49 Legal since 2013 50 Legal since 2013 51 France responsible for defence Bans all anti gay discrimination 52 Under French law 53 Montserrat Overseas Territory of the United Kingdom Legal since 2001 UN decl sign 2 UK responsible for defence Bans all anti gay discrimination 100 Puerto Rico Commonwealth of the United States Legal since 2003 Legal since 2015 Legal since 2015 101 Legal since 2015 United States responsible for defense 102 103 Bans some anti gay discrimination Gender change legal since 2018 does not require surgery Saba a special municipality of the Netherlands Legal No laws against same sex sexual activity have ever existed in the municipalities UN decl sign 2 Registered partnerships since 2012 86 Legal since 2012 87 88 The Netherlands responsible for defence Bans all anti gay discrimination 89 104 Saint Barthelemy Overseas collectivity of France Legal since 1791 UN decl sign 2 Civil solidarity pact since 1999 49 Legal since 2013 50 Legal since 2013 51 France responsible for defence Bans all anti gay discrimination 52 Under French law 53 Saint Kitts and Nevis Legal since 2022 Saint Lucia Male illegalPenalty Fine and or 10 year prison sentence Not enforced Legalization proposed Female always legal 2 Has no military Bans some anti gay discrimination Saint Martin Overseas collectivity of France Legal since 1791 UN decl sign 2 Civil solidarity pact since 1999 49 Legal since 2013 50 Legal since 2013 51 France responsible for defence Bans all anti gay discrimination 52 Under French law 53 Saint Vincent and the Grenadines IllegalPenalty Fine and or 10 year prison sentence Not enforced 2 Legalization proposed Has no military Sint Eustatius a special municipality of the Netherlands Legal No laws against same sex sexual activity have ever existed in the municipalities UN decl sign 2 Registered partnerships since 2012 86 Legal since 2012 87 88 The Netherlands responsible for defence Bans all anti gay discrimination 89 Sint Maarten Constituent country of the Kingdom of the Netherlands Legal No laws against same sex sexual activity have ever existed in the country UN decl sign 2 Same sex marriages performed in the Netherlands recognized 81 The Netherlands responsible for defence Bans all anti gay discrimination 105 Trinidad and Tobago Legal since 2018 106 Turks and Caicos Islands Overseas Territory of the United Kingdom Legal since 2001 UN decl sign 2 UK responsible for defence Bans all anti gay discrimination 2 United States Virgin Islands Territory of the United States Legal since 1985 Legal since 2015 107 Legal since 2015 107 Legal since 2015 107 United States responsible for defense 102 103 Bans all anti gay discrimination 108 Legislation enacted in 2022 also explicitly includes gender identity 109 South America Edit LGBT rights in Same sex sexual activity Recognition of same sex unions Same sex marriage Adoption by same sex couples LGB people allowed to serve openly in military Anti discrimination laws concerning sexual orientation Laws concerning gender identity expression Argentina Legal since 1887 UN decl sign 2 Civil unions in Buenos Aires 2003 110 Rio Negro Province 2003 111 Villa Carlos Paz 2007 and Rio Cuarto 2009 Cohabitation unions nationwide since 2015 112 Legal since 2010 113 Legal since 2010 Since 2009 114 Legal protection in some cities 115 pending nationwide Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2010 Transgender persons can change their legal gender and name without surgeries or judicial order since 2012 116 Transgender persons have a law reserving 1 of Argentina s public sector jobs Economic incentives included in the new law aim to help trans people find work in all sectors 117 Bolivia Legal since 1832 UN decl sign 2 118 Free unions officially recognised since 2020 119 Constitutional ban since 2009 120 LGBT individuals may adopt but not same sex couples 121 Since 2015 122 123 124 Includes transgender people 29 Bans all anti gay discrimination 2 Transgender persons can change their legal gender and name without surgeries or judicial order since 2016 125 126 127 128 Brazil Legal since 1831 UN decl sign 2 Stable unions legal in some states since 2004 all rights as recognized family entities available nationwide since 2011 129 130 Legal in some states since 2012 nationwide since 2013 131 132 Legal since 2010 133 Since 1969 134 Bans all anti gay discrimination 135 Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 1999 136 137 Transgender people can change their legal gender and name before a notary without the need of surgeries or judicial order since 2018 The sex reassignment surgery hormonal and psychological treatment are offered free of charge by the Brazilian Unified Health System UHS 138 139 140 Chile Legal since 1999 UN decl sign 2 Civil unions since 2015 141 Legal since 2022 142 Legal since 2022 142 Since 2012 143 Includes transgender people 144 Bans all anti gay discrimination 145 Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2021 Transgender persons can change their legal gender and name since 1974 No surgeries or judicial order since 2019 146 Colombia Legal since 1981 UN decl sign 2 De facto marital union since 2007 147 Legal since 2016 148 Stepchild adoption since 2014 149 joint adoption since 2015 150 Since 1999 2 Bans all anti gay discrimination 151 Since 2015 transgender persons can change their legal gender and name manifesting their solemn will before a notary no surgeries or judicial order required 152 Ecuador Legal since 1997 UN decl sign 2 De facto unions since 2009 153 154 Legal since 2019 155 LGBT individuals may adopt but not same sex couples 156 157 Bans all anti gay discrimination 158 Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2014 Since 2016 transgender persons are allowed to change their birth name and gender identity no surgeries or judicial order required 159 160 161 Falkland Islands Overseas Territory of the United Kingdom Legal since 1989 UN decl sign 2 Civil partnerships since 2017 162 Legal since 2017 162 Legal since 2017 UK responsible for defence Bans all anti gay discrimination 163 French Guiana Overseas department of France Legal since 1791 UN decl sign 2 Civil solidarity pact since 1999 49 Legal since 2013 50 Legal since 2013 51 France responsible for defence Bans all anti gay discrimination 52 Under French law 53 Guyana IllegalPenalty Up to life imprisonment Not enforced 2 Legalization proposed 164 165 Paraguay Legal since 1880 Age of consent discrepancy UN decl sign 2 Constitutional ban on de facto unions since 1992 166 Constitutional ban since 1992 167 168 Bans some anti gay discrimination Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2022 Peru Legal since 1924 UN decl sign 2 Limited recognition for same sex partners of health care workers since 2020 Since 2009 169 Bans all anti gay discrimination 170 171 172 173 174 Transgender persons can change their legal gender and name without the need for the completion of medical intervention since 2016 Judicial order required 175 176 South Georgia and the South Sandwich Islands Overseas Territory of the United Kingdom Legal since 2001 UN decl sign Legal since 2014 177 Legal since 2014 177 UK responsible for defence Suriname Legal since 1869 as Dutch Guiana Age of consent discrepancy Bans all anti gay discrimination 178 Transgender persons can change their legal gender since 2022 Court order required 179 180 181 Uruguay Legal since 1934 UN decl sign 2 Concubinage union since 2008 182 Legal since 2013 183 Legal since 2009 184 Since 2009 185 Bans all anti gay discrimination 186 Pathologization or attempted treatment of sexual orientation by mental health professionals illegal since 2017 Transgender persons can change their legal gender and name without surgeries or judicial order required since 2009 187 Self determination since 2018 Venezuela Legal since 1997 UN decl sign 2 Constitutional ban on de facto stable unions since 1999 Constitutional ban since 1999 Bans some anti gay discrimination 2 Public opinion EditSame sex marriage Edit Indicates the country territory has legalized same sex marriage nationwide Indicates that same sex marriage is legal in certain parts of the country Indicates that the country has civil unions or registered partnerships Indicates that same sex sexual activity is illegal Opinion polls for same sex marriage by country Country Pollster Year For Against Neutral a Marginof error Source Antigua and Barbuda AmericasBarometer 2017 12 188 Argentina Ipsos 2021 73 10 15 Bahamas AmericasBarometer 2014 11 189 Belize AmericasBarometer 2014 8 189 Bolivia AmericasBarometer 2017 35 188 Brazil Ipsos 2021 50 48 15 Canada Ipsos 2021 75 8 15 Chile Plaza Publica Cadem 2021 74 24 2 190 Colombia Ipsos 2021 46 17 15 Costa Rica CIEP 2018 35 64 1 191 Cuba Gallup 2019 63 1 36 9 192 Dominica AmericasBarometer 2017 10 188 Dominican Republic CDN 37 2018 45 55 193 Ecuador AmericasBarometer 2019 22 9 51 3 25 8 194 El Salvador Universidad Francisco Gavidia 2021 82 5 195 Grenada AmericasBarometer 2017 12 188 Guatemala AmericasBarometer 2017 23 188 Guyana AmericasBarometer 2017 21 189 Haiti AmericasBarometer 2017 5 188 Honduras CID Gallup 2018 17 75 8 196 Jamaica AmericasBarometer 2017 16 188 Mexico Ipsos 2021 63 10 15 Nicaragua AmericasBarometer 2017 25 188 Panama AmericasBarometer 2017 22 188 Paraguay AmericasBarometer 2017 26 188 Peru Ipsos 2021 35 18 15 Saint Kitts and Nevis AmericasBarometer 2017 9 188 Saint Lucia AmericasBarometer 2017 11 188 Saint Vincent and the Grenadines AmericasBarometer 2017 4 188 Suriname AmericasBarometer 2014 18 189 Trinidad and Tobago AmericasBarometer 2014 16 189 United States Ipsos 2021 59 15 15 Uruguay Equipos Consultores 2019 59 28 13 197 Venezuela AmericasBarometer 2017 39 188 Opinion polls for same sex marriage by dependent territory and sub national entities Country Pollster Year For Against Neutral a Marginof error Source Aguascalientes INEGI 2017 35 9 198 Baja California INEGI 2017 30 7 198 Baja California Sur INEGI 2017 42 1 198 Bermuda OUTBermuda 2020 53 35 11 199 Campeche INEGI 2017 56 1 198 Chiapas INEGI 2017 58 7 198 Chihuahua INEGI 2017 36 4 198 Coahuila INEGI 2017 46 8 198 Colima INEGI 2017 39 2 198 Durango INEGI 2017 38 8 198 Guanajuato INEGI 2017 38 7 198 Guerrero INEGI 2017 54 198 Hidalgo INEGI 2017 41 7 198 Jalisco INEGI 2017 34 2 198 Mexico City INEGI 2017 28 6 198 Michoacan INEGI 2017 46 198 Morelos INEGI 2017 38 5 198 Nayarit INEGI 2017 38 8 198 Nuevo Leon INEGI 2017 44 4 198 Oaxaca INEGI 2017 52 2 198 Puebla INEGI 2017 37 1 198 Puerto Rico Pew Research Center 2014 33 55 12 200 Queretaro INEGI 2017 32 4 198 Quintana Roo INEGI 2017 37 9 198 San Luis Potosi INEGI 2017 38 6 198 Sinaloa INEGI 2017 37 7 198 Sonora INEGI 2017 31 4 198 State of Mexico INEGI 2017 33 8 198 Tabasco INEGI 2017 56 5 198 Tamaulipas INEGI 2017 44 4 198 Tlaxcala INEGI 2017 43 9 198 Veracruz INEGI 2017 54 3 198 Yucatan INEGI 2017 43 198 Zacatecas INEGI 2017 37 4 198 See also Edit LGBT portal Law portal North America portal South America portalLGBT rights in Africa LGBT rights in Asia LGBT rights in Europe LGBT rights in Oceania Recognition of same sex unions in the Americas Same sex marriage in tribal nations in the United States Travesti gender identity Notes Edit a b Also comprises Don t know No answer Other Refused References Edit Malta Monica Cardoso Reynaldo Montenegro Luiz De Jesus Jaqueline Gomes Seixas Michele Benevides Bruna Das Dores Silva Maria Legrand Sara Whetten Kathryn 6 November 2019 Sexual and gender minorities rights in Latin America and the Caribbean a multi country evaluation PDF Monica Malta 19 1 31 doi 10 1186 s12914 019 0217 3 PMC 6836409 PMID 31694637 Retrieved 26 April 2022 a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg State Sponsored Homophobia 2016 A world survey of sexual orientation laws criminalisation protection and recognition PDF International Lesbian Gay Bisexual Trans and Intersex Association 17 May 2016 Retrieved 19 May 2016 Holy Synod Encyclicals Synodal Affirmations on Marriage Family Sexuality and the Sanctity of Life Retrieved 29 June 2015 The Christian Life Christian Conduct Free Methodist Church Archived from the original on 13 May 2008 Retrieved 16 May 2008 British Methodists reject blessing of same sex relationships The United Methodist Church Archived from the original on 14 September 2016 Retrieved 16 May 2007 Summaries of General Synod Discussions and Actions on Homosexuality and the Rights of Homosexuals Reformed Church in America Archived from the original on 16 July 2012 Retrieved 21 November 2009 We Are American Baptists American Baptist Churches USA Archived from the original on 2 September 2009 Retrieved 21 November 2009 Southern Baptist Convention Archived from the original on 3 October 2013 Retrieved 29 June 2015 Statement on Homosexuality Archived 2011 08 25 at the Wayback Machine EPC Archived from the original on 21 September 2010 Retrieved 29 June 2015 Homosexuality PDF Archived from the original PDF on 23 November 2011 Homosexuality How Can I Avoid It Awake 28 30 February 2007 Interview With Elder Dallin H Oaks and Elder Lance B Wickman Same Gender Attraction mormonnewsroom org Retrieved 29 June 2015 Reconciling Ministries Network Archived from the original on 26 April 2016 Retrieved 13 July 2016 a b c d e f g h i j k, wikipedia, wiki, book, books, library,