Exploring Bolivia's Perspective On Sexual Orientation And Identity

Bolivia has made significant progress in the 21st century regarding the rights of those in the LGBTQIA+ community. The Bolivian Constitution bans discrimination based on sexual orientation and gender identity, and the country has recognised same-sex civil unions since March 2023. However, reports of societal discrimination against LGBTQIA+ people are common, and same-sex marriage is not recognised in the country.

Same-sex marriage

Bolivia has made significant progress in the 21st century regarding the rights of those in the LGBTQIA+ community. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity, and the country has recognised same-sex civil unions since 20 March 2023. This means that same-sex couples in Bolivia have access to civil unions ("free unions") that offer all the legal rights, benefits, and responsibilities of marriage.

Despite this progress, same-sex marriage is not recognised in Bolivia. Article 63 of the Constitution of Bolivia limits marriage to heterosexual couples. In July 2010, the Vice President of Bolivia, Álvaro García Linera, stated that the government had no plans to legalize same-sex marriage. However, in April 2012, a member of the opposition coalition, the National Convergence, introduced a bill in the Plurinational Legislative Assembly to legalise same-sex civil unions. While this bill stalled due to opposition from the Catholic Church and several members of the governing Movement for Socialism party, multiple similar proposals have been introduced in the following years.

On 9 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, and on 9 December 2020, the Civil Registry Service announced its intention to issue civil union ("free union") certificates to same-sex couples, offering them the same rights as marriages. As of January 2023, fifteen same-sex couples have officially registered their free union.

While same-sex marriage is not legally recognised in Bolivia, the country has made notable progress in recent years by recognising same-sex civil unions and offering same-sex couples the same rights as marriages.

Discrimination and hate crimes

Bolivia has made significant progress in terms of LGBTIQ rights in the 21st century. The country now bans discrimination based on sexual orientation and gender identity, and has criminalised hate crimes on the basis of these factors. Despite this, LGBTIQ Bolivians still face harassment, discrimination, and social rejection.

Legal Protections

The Bolivian Constitution explicitly prohibits any form of discrimination based on sexual orientation and gender identity. Article 14(II) states:

> "The State prohibits and punishes all forms of discrimination based on sex, colour, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious belief, ideology, political affiliation or philosophy, civil status, economic or social condition, type of occupation, level of education, disability, pregnancy, and any other discrimination that attempts to or results in the annulment of or harm to the equal recognition, enjoyment or exercise of the rights of all people."

In 2010, the government criminalised discrimination based on sexual orientation or gender identity under Article 23 of the Law Against Racism and All Forms of Discrimination (Law 737/2010). 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 bans the "dissemination and incitement to racism and discrimination", with penalties of one to five years' imprisonment.

Hate Crimes

In May 2016, the LGBT rights group Colectivo de Lesbianas, Gays, Bisexuales y personas Transgénero presented a draft law to the Plurinational Legislative Assembly that proposed a penalty of 30 years' imprisonment for hate crimes based on sexual orientation or gender identity.

Reports of Discrimination

Despite these legal protections, reports of societal discrimination against LGBTIQ people in Bolivia are not uncommon. In 2017, the Bolivian Ombudsman reported that 64 LGBTIQ people had been murdered in the country that year, with only 14 cases investigated and no sentences issued.

Public opinion surveys reflect a lack of acceptance or understanding of the LGBTIQ community in Bolivia. A 2013 Pew Research Center survey found that 43% of Bolivians believed that homosexuality should be accepted by society, while 49% believed it should not. However, younger generations showed greater acceptance, with 53% of 18-29-year-olds believing homosexuality should be accepted.

Addressing Discrimination

LGBTIQ activists in Bolivia have focused their efforts on increasing the visibility of sexual and gender diversity, hoping to gain greater social acceptance and political representation. Visibility has been a converging point for various advocacy groups, who have utilised public performances, popular culture, and the arts to challenge negative societal norms and stereotypes associated with LGBTIQ individuals.

Gender identity and recognition

Bolivia has made significant progress in the 21st century regarding the rights of its LGBTIQ+ citizens. The country's constitution bans discrimination based on gender identity and sexual orientation, and in 2016, Bolivia passed a comprehensive gender identity law, which is considered one of the most progressive laws for transgender rights in the world.

In 2015, a law was proposed to allow transgender people to change their legal name and sex, which was passed in 2016. The Gender Identity Law allows individuals over 18 to legally change their name, sex, and photograph on legal documents. A psychological test is required to prove that the person understands and voluntarily accepts the change of identity, and sex reassignment surgery is not mandatory. The process is confidential and is carried out before the Civil Registry Service. The new documentation is processed within 15 days, and the change of name and sex can be reversed once, after which no further modifications can be made.

However, the newly assigned sex is not recognised for the purpose of marriage. In 2017, the Supreme Electoral Tribunal instructed the Civil Registry Service to recognise the newly assigned sex of transgender people in their marriage requests, but this was invalidated by the Supreme Court, who ruled it unconstitutional.

Despite these progressive laws, LGBTIQ+ people in Bolivia still face harassment, discrimination, and social rejection. Same-sex relationships are not legally recognised, and same-sex couple adoption is not possible.

Public opinion and social acceptance

Public opinion in Bolivia is still largely influenced by the Catholic and Evangelical Church, as well as indigenous beliefs, which means that homosexuality and transgender identities are generally viewed as undesirable. Despite this, Bolivia has made significant progress in LGBTIQ rights in the 21st century.

In 2010, the government criminalised hate crimes based on sexual orientation and gender identity, and in 2016, it passed a comprehensive gender identity law, which is considered one of the most progressive in the world. The Bolivian Constitution also bans discrimination based on sexual orientation and gender identity, and the country has recognised same-sex civil unions since 2023.

However, reports of societal discrimination against the LGBTIQ community are still common. A 2013 Pew Research Center opinion survey showed that 43% of Bolivians believed that homosexuality should be accepted by society, while 49% believed it should not. Younger people were found to be more accepting, with 53% of people between 18 and 29 believing it should be accepted.

In recent years, there have been successful Gay Pride marches in Santa Cruz and La Paz, as well as LGBTIQ film festivals, art exhibitions, and the painting of a sexual diversity-themed mural in La Paz. LGBTIQ rights organisations exist in the country, and they continue to advocate for greater social acceptance and political representation.

While there has been progress in legal protections for the LGBTIQ community in Bolivia, public opinion and social acceptance are still lagging behind, with many Bolivians holding conservative religious and indigenous beliefs that influence their views on sexual orientation and gender identity.

LGBTIQ activism

In 2016, Bolivia passed a comprehensive gender identity law, which has been described as one of the most progressive laws relating to transgender people in the world. This law allows individuals over 18 to legally change their name, sex, and photograph on legal documents. A psychological test proving that the person knows and voluntarily assumes the change of identity is required, but sex reassignment surgery is not. The process is confidential and must be carried out before the Civil Registry Service. The processing of the new documentation takes 15 days, and the change of name and sex can be reversed once.

In 2020, a legal case set a precedent for civil unions in Bolivia when a gay couple achieved a legally recognised civil union. The couple, who had been together for more than 11 years, argued that the prohibition of same-sex unions violated international human rights standards and constituted discrimination under Bolivian law. As of January 2023, 15 same-sex couples have officially registered their civil unions.

On 22 June 2022, the Plurinational Constitutional 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 went into effect on 20 March 2023, and on 21 July 2023, the Supreme Electoral Tribunal announced that same-sex free unions could be performed under the same conditions as opposite-sex ones.

Despite these advances, reports of societal discrimination against LGBTIQ people in Bolivia are not uncommon. In 2017, the Bolivian Ombudsman reported that 64 LGBTIQ people had been murdered in the country that year, with only 14 cases investigated and no sentences resulting.

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