Marriage Equality In Bolivia: Awaiting Legal Recognition

Bolivia has recognised same-sex civil unions since 20 March 2023, following a ruling from the Plurinational Constitutional Court. However, the Bolivian Constitution does not recognise same-sex marriages, and there is societal opposition to LGBT rights in the conservative Catholic country. Despite this, Bolivia has expanded LGBT rights in the 21st century, and reports of discrimination against LGBT people are becoming less common.

Bolivia's first same-sex marriage

Bolivia has made significant progress regarding 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. However, same-sex marriage was not recognised in Bolivia until 2020.

On Friday, 18 December 2020, David Aruquipa and Guido Montano became the first same-sex couple in Bolivia to have their marriage legally recognised. The couple, a 48-year-old economist and a 46-year-old lawyer, had been together for over a decade. Their road to marriage equality was not without challenges. They faced hostility in a country where Catholic and Protestant churches hold considerable influence. Additionally, they had to navigate a complex legal process, ultimately succeeding due to their perseverance and the support of LGBT+ communities.

Aruquipa and Montano's journey began in October 2018 when they applied for a civil partnership at the civil registry office in La Paz. Their application was initially rejected by Bolivian authorities, who cited Article 63 of the Bolivian Constitution, which defines marriage as exclusively between heterosexual couples.

Undeterred, Aruquipa and Montano took their case to Bolivia's Plurinational Constitutional Court, arguing that the Bolivian Constitution violated international human rights standards. They referenced a ruling by the Inter-American Court of Human Rights, which affirmed the duty of states to recognise and protect the familial relationships of same-sex couples.

In December 2020, the La Paz Departmental Court of Justice ruled in favour of the couple, and the civil registry office was compelled to recognise their relationship. This landmark decision set a precedent for other same-sex couples in Bolivia seeking similar recognition.

While celebrating their achievement, Aruquipa and Montano acknowledged the ongoing struggle for marriage equality in Bolivia. They understood the weight of their accomplishment and its potential impact on future efforts to secure equal rights for the LGBT+ community in the country.

The story of Bolivia's first legally recognised same-sex marriage is a testament to the resilience of Aruquipa and Montano and the power of legal advocacy in the pursuit of equal rights. It also highlights the challenges faced by LGBT+ individuals in a socially conservative country like Bolivia, where progress towards full equality remains a work in progress.

The legal battle for marriage equality

Bolivia has a long history of legal battles for marriage equality. Same-sex sexual activity has been legal since 1832, but the fight for marriage equality has been more recent and ongoing.

In 2012, a bill was introduced in the Plurinational Legislative Assembly to legalise same-sex civil unions. The bill was sent to the Human Rights Commission of the Chamber of Deputies for study, but it faced opposition from the Catholic Church and several members of the governing Movement for Socialism party. Despite efforts from LGBT activists and the introduction of multiple similar proposals in subsequent years, none were approved due to this opposition.

In January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that signatories to the American Convention on Human Rights should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". This set a binding precedent for Bolivian courts.

In October 2018, David Aruquipa Pérez and Guido Montaño Durán, a couple for over a decade, applied for a civil partnership at the Civil Registry Service (SERECI) office in La Paz. Their application was rejected, citing Article 63 of the Bolivian Constitution, which limits marriage to heterosexual couples.

Aruquipa and Montaño refused to accept this decision and took their case to Bolivia's Plurinational Constitutional Court, arguing that Bolivia's constitution violated international human rights standards. In July 2020, the Second Constitutional Chamber of the La Paz Departmental Court of Justice ruled in their favour, and on 9 December 2020, the SERECI reversed its position and recognised their union. This set a precedent for other same-sex couples to gain recognition in Bolivia, with LGBT groups describing the decision as "historic".

Following this, the Civil Registry Service announced its intention to issue civil union certificates offering all the legal rights, benefits, and responsibilities of marriage to same-sex couples. As of January 2023, fifteen same-sex couples have officially registered their free union.

On 22 June 2022, the Plurinational Constitutional Court ruled that the Civil Registry Service was obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising these unions. This ruling went into effect on 20 March 2023, with the Supreme Electoral Tribunal announcing that same-sex free unions could be performed under the same conditions as opposite-sex ones.

While this was a significant step forward, Bolivia's Constitution still does not recognise same-sex marriage, and reports of discrimination against LGBT people persist. LGBT activists continue to advocate for marriage equality, believing that the recent rulings "constitute a precedent" for this cause.

The Bolivian Constitution and same-sex marriage

Bolivia's Constitution of 2009 is one of the first in the world to expressly ban discrimination based on sexual orientation and gender identity. However, Article 63 of the Constitution limits marriage to heterosexual couples and bans same-sex marriage.

In April 2012, a bill was introduced in the Plurinational Legislative Assembly to legalise same-sex civil unions. The bill was opposed by the Catholic Church and several members of the governing Movement for Socialism party. In May 2012, the president of the Chamber of Deputies, Rebecca Delgado, stated that the Constitution recognises only unions "between a man and a woman". The bill was not approved.

In 2013, constitutionalist Jose Antonio Rivera commented that, in his view, "Article 63 of the Constitution does not foresee a prohibition on marriages between people of the same sex; what it does is characterize the modalities of marriages between a man and a woman". He stated that, pursuant to Articles 14(II) and 66 of the Constitution, which prohibit discrimination on the basis of sexual orientation and recognise sexual freedom, same-sex couples should be able to marry in Bolivia. However, the interpretation of these articles is the responsibility of the Plurinational Constitutional Tribunal.

In 2014, Public Advocate Rolando Villena called for same-sex unions to be included in the country's new family code. The Chamber of Senators passed a revised family code that removed gender-specific terms, but it has been clarified that this has no legal weight in relation to same-sex couples. Article 147 states that free unions and marriages are valid "provided they meet the conditions established in the Political Constitution".

In 2018, 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 "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". Bolivia is a signatory to the American Convention on Human Rights and human rights activists believe that Bolivia is now required to legalise same-sex marriage under Article 256 of the Political Constitution.

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. In 2022, the Plurinational Constitutional Court ruled that the Civil Registry Service was obliged to recognise civil unions for same-sex couples. This ruling went into effect in March 2023.

Same-sex civil unions have been recognised in Bolivia since 20 March 2023. However, the Constitution of Bolivia does not recognise same-sex marriages.

Public opinion on same-sex marriage

Bolivia has a history of indigenous peoples, including the Quechua, Aymara, Guaraní, Chiquitano, and Moxo, who have shown varying levels of acceptance towards homosexuality and same-sex relationships. However, in modern times, the influence of Christianity and the Catholic Church has contributed to a climate of homophobia and persecution for LGBT individuals. Despite this, there is growing support for the LGBT+ community, particularly in the capital, La Paz.

• In a 2013 Pew Research Center opinion survey, 43% of Bolivians believed that homosexuality should be accepted by society, while 49% were against it. Younger people showed higher levels of acceptance, with 53% of 18-29-year-olds in support.
• The 2017 AmericasBarometer showed that 35% of Bolivians supported same-sex marriage, ranking Bolivia 10th out of 22 regions in North and South America.
• According to a 2017 poll by ILGA, 60% of Bolivians agreed that gay, lesbian, and bisexual people should have equal rights, and 64% supported protection from workplace discrimination. However, 26% believed that people in same-sex relationships should be charged as criminals.
• In May 2015, an LGBT social network, PlanetRomeo, published a Gay Happiness Index ranking Bolivia 48th out of 120 countries.
• A June 2015 poll by the newspaper Página Siete found that 74% of Bolivians opposed same-sex marriage.
• In the 2023 Gallup survey, Bolivia was ranked 60th out of 124 regions as a "good place" for gay and lesbian people to live.

While there is a lack of widespread acceptance of the LGBT+ community in Bolivia, there are positive signs, such as the growing support for same-sex marriage and LGBT rights, especially among younger generations.

Same-sex civil unions

Bolivia has recognised same-sex civil unions since 20 March 2023, following a ruling from the Plurinational Constitutional Court. The court ruled on 22 June 2022 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.

The ruling was the result of a legal battle fought by David Aruquipa Pérez and Guido Montaño Durán, a couple who had been together for more than a decade. In October 2018, they applied to formalise their relationship as a free union at a Civil Registry Service office in La Paz. The registry refused, citing Article 63 of the Bolivian constitution, which defines marriage as between a heterosexual couple.

Aruquipa and Montaño refused to accept the decision and took their case to the Plurinational Constitutional Court, arguing that Bolivia's constitution violated international human rights standards. On 3 July 2020, the La Paz Departmental Court of Justice ruled in favour of the couple, and on 9 December 2020, the Civil Registry Service reversed its position and issued "Resolution 003/2020", ordering the registration of the free union. The couple finally registered their union on 18 December 2020, becoming the first same-sex couple in Bolivia to earn marriage equality.

The ruling sets a precedent for other same-sex couples to access this recognition in Bolivia, and as of January 2023, fifteen same-sex couples have officially registered their free union. Bolivia became the seventh country in South America to recognise same-sex unions.

While same-sex civil unions are now recognised in Bolivia, same-sex marriage is not. Article 63 of the Constitution of Bolivia limits marriage to heterosexual couples, and the Catholic Church and several members of the governing Movement for Socialism party have opposed the legalisation of same-sex marriage. However, the Inter-American Court of Human Rights issued an advisory opinion in January 2018, recognising same-sex marriage as a right under the American Convention on Human Rights. This set a binding precedent for Bolivian courts, and the Civil Registry Service announced its intention to issue civil union certificates offering all the legal rights, benefits, and responsibilities of marriage to same-sex couples.

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