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LGBTQ rights in the Americas

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LGBTQ rights in the Americas
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Laws governing lesbian, gay, bisexual, transgender and queer (LGBTQ) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.

Quick facts Legal status, Gender identity ...

Same-sex marriages are currently legal in Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Ecuador, Mexico, United States and Uruguay. Free unions that are equivalent to marriage have begun to be recognized in Bolivia. 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, Aruba, and Curaçao, while marriages performed in the Netherlands are recognised in Sint Maarten. More than 800 million people live in nations or sub-national entities in the Americas where same-sex marriages are available.

On 9 January 2018, the Inter-American Court of Human Rights issued an advisory opinion that states party 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.[1] The Supreme Courts of Honduras,[2] Panama,[3] Peru[4] and Suriname[5] have rejected the IACHR advisory opinion, while the Supreme Courts of Costa Rica and Ecuador adhered to it. 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, five other nations still have unenforced criminal penalties for "buggery" on their statute books.[6] These are Grenada, Guyana, Jamaica, Saint Vincent and the Grenadines, and Trinidad and Tobago of which Guyana is on mainland South America, while the rest are Caribbean islands. They are all former parts of the British West Indies. In addition, in Anguilla, the Bahamas, the Cayman Islands, Paraguay, Montserrat, Suriname and the Turks and Caicos Islands, the age of consent is higher for same-sex sexual relations than for opposite-sex ones, and in Bermuda, the age of consent for anal sex is higher than that for other types of sexual activities.

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Religion and LGBT acceptance

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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,[7] the Methodist Church,[8][9] and some other Mainline (Protestant) denominations, such as the Reformed Church in America[10] and the American Baptist Church,[11] as well as conservative evangelical organizations and churches, such as the Evangelical Alliance and the Southern Baptist Convention.[12][13][14] Pentecostal churches, such as the Assemblies of God,[15] as well as restorationist churches (like Jehovah's Witnesses and Mormons), also take the position that homosexual sexual activity is ‘sinful’.[16][17]

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.[18] 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
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Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR advisory opinion
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

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Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Country subject to IACHR advisory opinion
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but law not enforced

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Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
  Same-sex marriage
  Unregistered cohabitation
  Island subject to IACHR advisory opinion
  No recognition of same-sex couples
  Constitutional ban on same-sex marriage
  Same-sex sexual activity illegal but penalties not enforced

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North America

More information Same-sex sexual activity, Recognition of same-sex unions ...
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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
More information Country, Pollster ...
More information Country, Pollster ...
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See also

Notes

  1. Also comprises: Don't know; No answer; Other; Refused.
  2. [+ more urban/educated than representative]

References

Further reading

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