Gay Marriage In Bolivia: Is It Legal?

Bolivia has made significant progress in terms of LGBTIQ rights in the 21st century. Same-sex sexual activity has been legal since 1832, and the country has laws in place to protect LGBTIQ individuals from discrimination and hate crimes based on sexual orientation and gender identity. However, same-sex marriage remains illegal in Bolivia, with Article 63 of the Constitution of Bolivia limiting marriage to heterosexual couples. Despite this, there have been several developments in recent years that indicate a potential shift towards recognising same-sex unions.

Same-sex marriage is not legal in Bolivia

Despite the constitutional ban, there have been efforts to legalise same-sex marriage in Bolivia. In August 2012, Bolivian Senator Hilda Saavedra introduced a bill to legalise marriage for gay and lesbian couples, which is currently under consideration. Additionally, in 2020, the Civil Registry Service announced its intention to issue civil union certificates offering legal rights, benefits, and responsibilities equivalent to marriage to same-sex couples.

The Inter-American Court of Human Rights' 2018 advisory opinion further bolstered the case for same-sex marriage in Bolivia. The Court affirmed that parties to the American Convention on Human Rights should grant same-sex couples the same rights as heterosexual couples regarding family registration, including marriage. Following this decision, a same-sex couple, David Aruquipa Pérez and Guido Montaño Durán, successfully challenged the Civil Registry Service's refusal to recognise their union. In December 2020, the Registry issued "Resolution 003/2020", ordering the registration of their free union, setting a precedent for other same-sex couples in Bolivia.

While same-sex marriage is not yet legal in Bolivia, there is growing recognition of the rights of LGBTIQ individuals and couples. Same-sex civil unions have been recognised since March 2023, and same-sex couples can now register their unions under the same conditions as opposite-sex couples. Additionally, single people, regardless of sexual orientation, may adopt children, and same-sex couples in a free union are permitted to adopt.

Civil unions are possible for same-sex couples

Bolivia has made significant progress in terms of LGBTIQ rights in the 21st century. While same-sex marriage is not legal in Bolivia, civil unions with all the rights, benefits, and responsibilities of marriage are possible for same-sex couples.

In 2020, the Civil Registry Service announced its intention to offer civil union certificates to same-sex couples, providing them with the same legal rights as married couples. As of January 2023, fifteen same-sex couples have successfully registered their civil unions. This development is in line with a ruling from the Plurinational Constitutional Court, which mandated the recognition of civil unions for same-sex partners.

The path to achieving legal recognition of same-sex civil unions in Bolivia has been long and challenging. In 2012, a bill to legalise same-sex marriage was introduced but failed to gain approval due to opposition from religious groups and some governing party members. Despite this setback, LGBTIQ activists and allies persevered. A pivotal moment came in 2018 when the Inter-American Court of Human Rights issued an advisory opinion that parties to the American Convention on Human Rights should grant same-sex couples the same family registration rights as heterosexual couples, including marriage.

Following this decision, a same-sex couple, David Aruquipa Pérez and Guido Montaño Durán, successfully registered their civil union in December 2020 after a two-year legal battle. This set a precedent for other same-sex couples seeking legal recognition. However, it is important to note that same-sex couples in Bolivia still face challenges and discrimination. For example, in 2021, a lesbian couple was denied registration of their union by the national civil registry, demonstrating that there is still work to be done to ensure equal rights for all.

Despite these challenges, the recognition of same-sex civil unions in Bolivia is a significant step forward for LGBTIQ rights in the country. It sends a message that LGBTIQ individuals are valued members of society, deserving of the same opportunities and protections as their heterosexual counterparts. This progress is in line with Bolivia's Constitution, which bans discrimination based on sexual orientation and gender identity, and its 2004 Reproductive Rights Law, which guarantees the rights of all citizens regardless of sexual orientation.

Same-sex sexual activity is legal in Bolivia

Same-sex sexual activity has been legal in Bolivia since 1832. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity and the country has made progress on LGBTIQ issues in the past decade. The government criminalised hate crimes based on sexual orientation and gender identity in 2010, and in 2016, it created a path for legal gender recognition.

Despite this progress, LGBTIQ people in Bolivia are still subjected to harassment, discrimination, and social rejection. Public opinion reflects a lack of acceptance or understanding of the LGBTQ+ community, with reports of unequal treatment in gaining access to healthcare and within the education system. Students have been expelled from higher education institutions because of their sexual orientation, often facing discrimination from both their peers and teachers.

In 2012, a bill was introduced in the Plurinational Legislative Assembly to legalise same-sex civil unions, but it stalled due to opposition from the Catholic Church and several members of the governing Movement for Socialism party. However, in 2020, the Civil Registry Service announced its intention to issue civil union certificates offering legal rights, benefits, and responsibilities of marriage to same-sex couples. As of 2023, Bolivia has recognised same-sex civil unions in accordance with a ruling from the Plurinational Constitutional Court.

The age of consent in Bolivia is set at 14 for both heterosexual and homosexual couples. Additionally, single people, regardless of their sexual orientation, may adopt children, and same-sex couples in a free union are permitted to adopt as well.

Same-sex couples can adopt

Same-sex couples in Bolivia are permitted to adopt children, according to Article 84 of the Child and Adolescent Code. This is the case for couples in a "free union", which is a civil union that grants the same legal rights, benefits, and responsibilities as marriage.

The right for same-sex couples to adopt in Bolivia was established in 2023, following a ruling from the Plurinational Constitutional Court. The court ruled that the Civil Registry Service (SERECI) was obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions.

This ruling came after years of legal cases and advocacy by LGBT+ groups. In 2020, a same-sex couple, David Aruquipa Pérez and Guido Montaño Durán, successfully challenged the government's refusal to recognise their relationship as a free union. This set a precedent for other same-sex couples to gain recognition.

Despite this progress, same-sex couples in Bolivia still face challenges and discrimination. There have been reports of same-sex couples being refused registration by the Civil Registry Service, and LGBT+ people in Bolivia continue to experience harassment, discrimination, and social rejection.

Bolivia has made significant advancements in LGBT+ rights in the 21st century, including legalising same-sex sexual activity and civil unions, and banning discrimination on the basis of sexual orientation and gender identity. However, same-sex marriage is not legally recognised, and there is still work to be done to ensure equal rights and protection for the LGBT+ community in the country.

Discrimination on the basis of sexual orientation is banned

The Law Against Racism and All Forms of Discrimination also includes sexual orientation and gender identity in its definition of discrimination. This law defines discrimination as:

> "any form of distinction, exclusion, restriction or preference based on sex, colour, age, sexual orientation and gender identity, origin, culture, nationality, citizenship, language, religion, ideology, political or philosophical affiliation, marital status, economic, social or health status, profession, occupation, level of education, disabilities and/or physical disabilities, intellectual or sensory impairment, pregnancy, origin, physical appearance, clothing, surname or other that have the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms recognized by the Constitution and international law."

The law also criminalises discrimination based on sexual orientation or gender identity, amending article 281 of the Penal Code. It bans the dissemination and incitement of racism and discrimination, with penalties of one to five years' imprisonment.

Despite these protections, reports of societal discrimination against LGBT individuals in Bolivia persist. In 2017, the Bolivian Ombudsman reported 64 LGBT people had been murdered in the country that year, with only 14 cases investigated and no sentences resulting.

Bolivia has made notable progress on LGBTIQ issues in the 21st century, with the government criminalising hate crimes based on sexual orientation and gender identity in 2010. However, LGBTIQ people in Bolivia continue to face harassment, discrimination, and social rejection.

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