Same-sex marriage in Uruguay

Same-sex marriage in Uruguay has been legal since August 5, 2013.[1] A bill for legalization was passed by the Chamber of Representatives on December 12, 2012 in a vote of 81–6.[2] The Senate approved it with some minor amendments on April 2, 2013 in a 23–8 vote.[3] The amended bill was approved by the Chamber of Representatives in a 71–21 vote on April 10 and was signed by President José Mujica on May 3, 2013.[4][5] Uruguay became the third country in South America, after Argentina and Brazil, and the fourteenth worldwide to legalize same-sex marriage.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

On January 20, 2008, Uruguay became the first Latin American country to enact a national civil union law. Civil unions provide several of the rights of marriage.

Civil union

On January 20, 2008, Uruguay became the first Latin American country to enact a national civil union law, titled Ley de Unión Concubinaria.[6]

The law, proposed by Senator Margarita Percovich of the Broad Front, was passed in the Chamber of Representatives on November 29, 2007 after having been passed in a similar form in the Senate in 2006.[7][8][9] The bill was passed by both chambers in the same form on December 19,[10][11] and signed into law by President Tabaré Vázquez on December 27.[12][13] It was published in the official journal on January 10, 2008 and came into effect on January 20.[14] The first union was performed on April 17, 2008.[15][16]

Following the approval of the bill, both same-sex and opposite-sex couples are allowed to enter into a civil union (Spanish: unión concubinaria) after they have lived together for at least five years, and are entitled to most of the benefits that married couples are afforded, including social security entitlements, inheritance rights and joint ownership of goods and property.[17]

A government-backed bill allowing same-sex couples to adopt children was discussed in the national Parliament in the spring of 2008, receiving the support of President Vázquez and fierce opposition from the Catholic Church. The bill was approved by the Chamber of Representatives on August 27, 2009 by a 40–13 vote,[18][19] and by the Senate on September 9 with a 17–6 vote. It was signed by the President on September 18, 2009. Uruguay became the first country in South America to allow same-sex couples to jointly adopt.[20][21][22][23]

Same-sex marriage
Recognition of same-sex unions in South America
  Marriage and other type of partnership
  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

On May 25, 2009, Senator Margarita Percovich announced that if the Broad Front won the national elections in October 2009 it would introduce a same-sex marriage bill.[24] In October, the Broad Front won an absolute majority in both chambers and José Mujica, the Broad Front presidential candidate, won the presidential election on November 29, 2009. In July 2010, legislators of the ruling party announced plans to submit a bill to legalise same-sex marriage.[25][26][27] Michelle Suárez Bértora, the first transgender attorney in Uruguay, assisted in drafting the same-sex marriage legislation as part of her work with the LGBT rights organization Ovejas Negras ("Black Sheep").[28] On July 25, 2010, former President Julio María Sanguinetti of the Colorado Party declared his support for the legalization of same-sex marriage. Former President Luis Alberto Lacalle of the National Party stated his opposition.[29][30]

In April 2011, Sebastián Sabini, a legislator of the Movement of Popular Participation, one of the parties consisting the Broad Front, presented the bill allowing same-sex couples to marry.[31][32] The bill was formally submitted to the Chamber of Representatives on September 6, 2011.[33]

In June 2012, a judicial court in Uruguay recognized a foreign same-sex marriage.[34][35][36] The court ruled that local laws already permitted same-sex marriage, and that same-sex couples who married overseas may have their marriage recognized under Uruguayan law by a judge.[37] However, the ruling was appealed.[38]

In June 2012, Minister of Education and Culture Ricardo Ehrlich announced that the same-sex marriage bill was going to be debated in Parliament before the end of 2012.[39] On July 4, 2012, the Chamber of Representatives' Constitutional and Legislative Affairs Committee started the debate on the legislation.[40] The committee initially approved the bill on November 28, 2012,[41][42][43] and on December 5 it amended the bill and gave its final approval.[44][45]

On December 12, the Chamber of Representatives approved the bill by a vote of 81–6 with no abstentions, and sent it to the Senate.[46][47] On March 19, 2013, the Senate's Constitutional and Legislative Affairs Committee passed the bill with some minor amendments.[48][49][50] The Senate approved the amended bill on April 2, 2013 in a 23–8 vote.[51][52][53] On April 10, 2013, the Chamber of Representatives approved the amended bill in a 71–21 vote.[54][55] The bill was signed into law by President José Mujica on May 3,[5][56][57] and took effect on August 5, 2013.[58][59]

April 2, 2013 vote in the Senate[60]
PartyVoted forVoted against
  Broad Front (FA) -
  National Party (PN)
  Colorado Party
Total238

The first same-sex marriage took place on August 5, 2013. The wedding was officiated in extremis at a hospital in Montevideo.[61]

Presidential candidate Luis Lacalle Pou of the National Party stated in an interview with El País in October 2018 that despite having voted against the same-sex marriage law as a deputy, should he be elected president his government would not overturn the same-sex marriage law. Lacalle Pou was elected president in the 2019 general election.[62]

Statistics

In the first year following the law's entry into force, 134 same-sex couples had married in Montevideo and the surrounding metropolitan area.[63] Approximately 200 same-sex couples had married in the whole country.[64]

In 2016, estimates from the Faculty of Social Sciences at the University of the Republic showed that about 60.3% of relationships in Uruguay involved married opposite-sex couples, 38.4% unmarried opposite-sex couples, 0.6% opposite-sex couples in civil unions, 0.2% married same-sex couples, 0.5% unmarried same-sex couples and 0.1% same-sex couples in civil unions. These numbers remained relatively unchanged in 2017.[65] The estimates also showed that unemployment among same-sex partners stood at 3.4% (compared to 4.7% among heterosexual partners) and that same-sex partners were more likely to have completed tertiary education (41%, compared to 19% among heterosexual partners).[66]

Public opinion

A Factum poll, conducted in November 2011, found that 52% of the population supported same-sex marriage, 32% were opposed, 10% were neutral and 6% had no opinion.[67]

According to a Cifra poll, conducted between November 29 and December 6, 2012, 53% of Uruguayans supported same-sex marriage, 32% were opposed and 15% had no opinion. The survey also showed that support for same-sex marriage was most marked among Broad Front voters (62%), than voters from the Colorado Party and the National Party (both 42%).[68]

Another Cifra poll, conducted between February 22 and March 4, 2013, found that 54% supported same-sex marriage, 32% were opposed, 9% were undecided and 4% had no opinion.[69][70]

According to a Pew Research Center survey, conducted between November 22, 2013 and January 8, 2014, 62% of Uruguayans supported same-sex marriage, 31% were opposed.[71][72]

According to the 2014 AmericasBarometer (published in June 2015), 71% of Uruguayans were in favour of same-sex marriage.[73] This level of support was the second highest among the 28 American countries polled, behind only Canada.[74] 53% strongly supported same-sex marriage, while 17% strongly opposed it; with the remaining being somewhat in support or in opposition or had no opinion. Additionally, support was higher among young people: 79% and 80% of 18–25-year-olds and 26–35-year-olds supported same-sex marriage, respectively. Among people over the age of 66, support was 51%.

The 2017 AmericasBarometer showed that 75% of Uruguayans supported same-sex marriage.[75]

See also

References
  1. "Same-sex marriage bill comes into force in Uruguay". BBC News. August 5, 2013. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  2. "Uruguay votes to legalise gay marriage". IOL. AFP. December 12, 2012. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  3. Shoichet, Catherine E.; Klein, Dario (April 2, 2013). "Uruguay's senate approves same-sex marriage bill". CNN. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  4. Shoichet, Catherine E. (April 10, 2013). "Same-sex marriage bill awaits president's signature in Uruguay". CNN. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  5. "SE DICTAN NORMAS RELATIVAS AL MATRIMONIO IGUALITARIO LEY Nº 19.075" (PDF) (in Spanish). Presidency of Uruguay. Archived from the original (PDF) on April 10, 2017. Retrieved April 11, 2017.
  6. "Ley Nº 18.246 UNIÓN CONCUBINARIA" (in Spanish). General Assembly of Uruguay. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  7. Grew, Tony (September 14, 2006). "Legal recognition for gay couples in Uruguay". PinkNews. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  8. "Uruguay will Homo-Ehe einführen" (in German). Queer.de. September 14, 2006. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  9. Towle, Andy (November 30, 2007). "Uruguay to Legalize Same-Sex Civil Unions". Towleroad. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  10. "Uruguay approves gay civil unions". BBC News. December 19, 2007. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  11. "Uruguay becomes latest country to legalise civil unions". PinkNews. December 19, 2007. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  12. "Uruguay's President grants legal rights for gay couples". PinkNews. December 28, 2007. Archived from the original on April 10, 2017. Retrieved April 11, 2017.
  13. "REGULACIÓN DE LA UNIÓN CONCUBINARIA. LEY N° 18.246" (PDF) (in Spanish). Presidency of Uruguay. Archived from the original (PDF) on April 12, 2017. Retrieved April 12, 2017.
  14. Arezo Píriz, Enrique. "Aspectos patrimoniales cuestionables en la Ley Nº 18.246 de "Union Concubinaria"" (PDF) (in Spanish). Judiciary of Uruguay. Archived from the original (PDF) on April 11, 2017. Retrieved April 11, 2017.
  15. Wockner, Rex (May 1, 2008). "Uruguay Sees First Civil Union". San Francisco Bay Times. Archived from the original on June 18, 2012.
  16. "Uruguay: la justicia consagra la primera unión civil gay del país" (in Spanish). AG Magazine. April 17, 2008. Archived from the original on September 24, 2014.
  17. "Preguntas frecuentes sobre Unión Concubinaria" (in Spanish). Ovejas Negras. Archived from the original on January 11, 2010.
  18. "Bill to legalise gay adoption moves forward in Uruguay". PinkNews. August 28, 2009. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  19. Klein, Dario (August 29, 2009). "Uruguay nears same-sex adoption law". CNN. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  20. "Uruguay allows same sex adoption". SBS. AFP. September 10, 2009. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  21. "Uruguay allows same-sex adoption". BBC News. September 9, 2009. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  22. Narancio, Federica (September 12, 2009). "Uruguay will allow gay adoption, a first for Latin America". McClatchyDC. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  23. "SUSTITUCIÓN DE DIVERSAS DISPOSICIONES CONTENIDAS EN EL CÓDIGO DE LA NIÑEZ Y LA ADOLESCENCIA RELATIVAS A ADOPCIÓN. LEY N° 18.590" (PDF) (in Spanish). Presidency of Uruguay. Archived from the original (PDF) on April 12, 2017. Retrieved April 12, 2017.
  24. "Ahora Uruguay va por el matrimonio gay" (in Spanish). AG Magazine. May 26, 2009. Archived from the original on November 3, 2013.
  25. "Frente promoverá ley para habilitar el matrimonio gay" (in Spanish). Últimas Noticias. July 16, 2010. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  26. "Socialistas quieren debate sobre matrimonio gay" (in Spanish). El País. July 16, 2010. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  27. Santoscoy, Carlos (July 20, 2010). "Argentine Neighbors Uruguay, Paraguay To Debate Gay Marriage". On Top Magazine. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  28. "Michelle Suárez: "10 años atrás era impensable" (in Spanish). Elecodigital. April 11, 2013. Archived from the original on October 18, 2016.
  29. "Matrimonio gay en Uruguay ¿sí o no?" (in Spanish). El País. July 25, 2010. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  30. Bacigalupo, Andres (July 26, 2010). "Ex presidentes de Uruguay disienten sobre el matrimonio gay" (in Spanish). Universo Gay. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  31. "Uruguay: el Frente Amplio impulsa el matrimonio igualitario". Infobae. April 1, 2011. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  32. Zecca, Emiliano (April 5, 2011). "Buscan reformar el matrimonio en Uruguay" (in Spanish). Portal 180. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  33. "Ficha Asunto 109246" (in Spanish). General Assembly of Uruguay. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  34. "Por primera vez Justicia uruguaya reconoce matrimonio homosexual" (in Spanish). El País. June 9, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  35. "Uruguay Recognizes Marriage Of Gay Couple". On Top Magazine. June 10, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  36. "Justicia uruguaya reconoció un matrimonio gay" (in Spanish). Portal 180. June 8, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  37. "Jueza afirmó que la ley ya habilita el matrimonio homosexual" (in Spanish). El Observador. June 11, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  38. "Tribunal decidirá si valida el matrimonio gay" (in Spanish). El Pais. August 8, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  39. "El MEC prepara proyecto para habilitar casamiento homosexual" (in Spanish). El Pais. June 13, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  40. "Diputados tratan matrimonio igualitario" (in Spanish). Montevideo Portal. July 4, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  41. "Uruguay votará en diciembre ley para aprobar matrimonio homosexual" (in Spanish). El Periódicocr.com. November 28, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  42. Dolven, Taylor (November 29, 2012). "Uruguay to Vote on Same Sex Marriage in December". The Argentina Independent. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  43. "Gay Marriage Bill Clears First Hurdle In Uruguay". On Top Magazine. November 29, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  44. "El proyecto de matrimonio gay se vota el martes en Diputados" (in Spanish). Subrayado. December 5, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  45. "Matrimonio homosexual: el martes Diputados vota proyecto" (in Spanish). CX 14 El Espectador. December 5, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  46. Peregil, Francisco (December 12, 2012). "Uruguay aprueba el matrimonio entre personas del mismo sexo" (in Spanish). El País. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  47. "Uruguay gay marriage bill approved in lower house". BBC News. December 12, 2012. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  48. "Habemus". La Diaria. March 20, 2013. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  49. "El Senado tratará matrimonio igualitario el 2 de abril" (in Spanish). El Pais. March 19, 2013. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  50. "El 2 de abril el Senado votará la ley que habilita el matrimonio homosexual" (in Spanish). LaRed21. March 20, 2013. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  51. "Senado aprobó ley de matrimonio igualitario: 23 a favor, 8 en contra" (in Spanish). El Pais. April 2, 2013. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  52. Kelly, Avery (April 3, 2013). "Uruguay: Senate Approves Same-Sex Marriage Bill". The Argentina Independent. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  53. Lavers, Michael K. (April 2, 2013). "Uruguay Senate approves same-sex marriage bill". Washington Blade. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  54. Castaldi, Malena; Llambias, Felipe (April 10, 2013). "Uruguay approves gay marriage, second in region to do so". Reuters. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  55. Villagomez, Andrew (April 10, 2013). "Uruguay Legalizes Same-Sex Marriage". Out. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  56. "Los homosexuales en Uruguay podrán casarse desde agosto". El Informador. EFE. May 6, 2013. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  57. Pinfold, Corinne (May 9, 2013). "Uruguay: President Mujica signs equal marriage into law". PinkNews. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  58. Lavers, Michael K. (August 5, 2013). "Uruguay same-sex marriage law takes effect". Washington Blade. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  59. Fernandez, Pablo (August 5, 2013). "Gay couples rush to be first to wed in Uruguay". USA Today. Associated Press. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  60. "Trámite parlamentario de la ley 19.075". parlamento.gub.uy (in Spanish).
  61. "Boda 'in extremis' fue el primer matrimonio homosexual en Uruguay". LaRed21 (in Spanish). August 6, 2018.
  62. "Luis Lacalle Pou: "No voy a compartir el poder con los sindicatos"". El Observador (in Spanish). October 21, 2018.
  63. "Un año de matrimonio igualitario: 134 bodas en Montevideo" (in Spanish). Subrayado. August 7, 2014. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  64. Figueroa, Jorge (August 10, 2014). "Mas de 200 parejas homosexuales se casaron en Uruguay en un año de nueva ley" (in Spanish). El Observador. EFE. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  65. Mathias Nathan; Ignacio Pardo (December 2, 2018). "Demografía de las parejas del mismo sexo en Uruguay" (PDF) (in Spanish). Facultad de Ciencias Sociales.
  66. "El 0,7% de las parejas en Uruguay son personas del mismo sexo, según estudio". Subrayado.com (in Spanish). March 4, 2019.
  67. Bottinelli, Eduardo (March 15, 2012). "Más de la mitad de los uruguayos está a favor de la autorización del matrimonio homosexual" (in Spanish). Factum Digital. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  68. "Legalización del matrimonio homosexual" (in Spanish). Cifra. September 2, 2015. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  69. "Matrimonio entre homosexuales: 54% está a favor de ley aprobada" (in Spanish). Subrayado. April 11, 2013. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  70. "El 54% de la población aprueba el matrimonio igualitario en Uruguay" (in Spanish). UyPress. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  71. "Religion in Latin America Chapter 5: Social Attitudes". Pew Research Center. November 13, 2014. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  72. "Appendix A: Methodology". Pew Research Center. November 13, 2014. Archived from the original on April 11, 2017. Retrieved April 11, 2017.
  73. Madrigal, Luis Manuel (June 3, 2015). "Costa Rica lidera índices de apoyo al matrimonio gay en Centroamérica; 10° a nivel regional".
  74. "AmericasBarometer: Topical Brief – June 2, 2015" (PDF).
  75. "CULTURA POLÍTICA DE LA DEMOCRACIA EN LA REPÚBLICA DOMINICANA Y EN LAS AMÉRICAS, 2016/17" (PDF).
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.