Recognition of same-sex unions in the Americas
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Many countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples.
In North America, same-sex marriages are recognized and performed without restrictions in Canada, Costa Rica, Cuba, Mexico, and the United States.[nb 1]
Same-sex marriages are also performed in the Dutch territories of Aruba, Curacao, Bonaire, Sint Eustatius and Saba, the Danish autonomous territory of Greenland, and in all French overseas departments and collectivities (Guadeloupe, Martinique, Saint Barthélemy, Saint Martin and Saint Pierre and Miquelon). Furthermore, Sint Maarten recognizes same-sex marriages performed in the Netherlands. The British Territories of Bermuda and the Cayman Islands also perform civil partnerships.
In South America, same-sex marriages are recognized and performed without restrictions in Argentina, Brazil, Chile, Colombia, Ecuador and Uruguay as well as the jurisdictions of French Guiana, the Falkland Islands and South Georgia and the South Sandwich Islands. Free unions that are equivalent to marriage have begun to be recognized in Bolivia.
Maps
Current situation
Summarize
Perspective
National level
Status | Country | Legal since | Country population (Last count, 2015 est.) |
---|---|---|---|
Marriage (11 countries) |
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2010[1] | 43,590,400 |
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2013[2] | 205,574,000 | |
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2005[3] | 35,819,000 | |
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2022[4][5] | 18,191,900 | |
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2016[6] | 48,509,200 | |
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2020[7] | 4,851,000 | |
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2022[8] | 11,252,000 | |
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2019[9] | 16,278,844 | |
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2022[10] | 121,006,000 | |
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2015[11][12] | 321,234,000 | |
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2013[13] | 3,480,222 | |
Subtotal | — | — | 829,786,566 (84.62% of the American population) |
Other form of recognition | ![]() |
2023[14] | 10,985,059 |
Subtotal | — | — | 10,985,059
(1.12% of the American population) |
Total - Countries with some form of recognition of same-sex unions | — | — | 840,771,625 (85.74% of the American population) |
No recognition (19 countries) |
Homosexuality is legal | ||
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— | 89,000 | |
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— | 379,000 | |
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— | 283,000 | |
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— | 369,000 | |
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— | 71,000 | |
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— | 6,460,000 | |
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— | 16,176,000 | |
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— | 10,994,000 | |
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— | 6,514,000 | |
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— | 3,764,000 | |
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— | 31,488,700 | |
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— | 46,000 | |
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— | 172,000 | |
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— | 534,189 | |
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— | 31,648,930 | |
Homosexuality is illegal but legislation is not enforced | |||
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— | 104,000 | |
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— | 746,900 | |
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— | 110,000 | |
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— | 1,357,000 | |
Subtotal | — | 111,306,719 (11.35% of the American population) |
|
Constitutional ban on marriage (4 countries) * Homosexuality is illegal |
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2010[15] | 9,980,000 |
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2005[16][17] | 8,950,000 | |
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2011[18] | 2,729,000 | |
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1992[19] | 6,854,536 | |
Subtotal | — | — | 28,513,536 (2.91% of the American population) |
Total - Countries with no recognition of same-sex unions | — | — | 139,820,255 (14.26% of the American population) |
Sub-national level
2018 Inter-American Court of Human Rights advisory opinion
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. The opinion was issued after the Government of Costa Rica sought clarification of its obligations to LGBT people under the convention.[77] The opinion sets precedent for all 23 member states, 19 of which did not recognize same-sex marriage at the time of the ruling: Barbados, Bolivia, Chile, Costa Rica, Dominica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Grenada, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, and Suriname. Of these, all but Dominica, Grenada and Jamaica recognize the jurisdiction of the Court.[78] The Supreme Courts of Honduras,[79] Panama,[80] Peru[81] and Suriname[82] have rejected the IACHR advisory opinion, while the Supreme Courts of Costa Rica and Ecuador adhered to it.
Future legislation
Civil unions
Opposition proposals or proposals without a parliamentary majority
Peru: On 20 November 2024, the Justice and Human Rights Commission of the Peruvian parliament approved a proposal aimed at legalizing same-sex civil unions in the country.[83]
Public opinion
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
Country | Pollster | Year | For | Against | Neutral[a] | Margin of error |
Source |
---|---|---|---|---|---|---|---|
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AmericasBarometer | 2017 | 12% | - | - | [84] | |
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Ipsos | 2023 | 70% |
16% [8% support some rights] |
14% not sure | ±3.5% | [85] |
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2021 | 46% | [86] | ||||
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AmericasBarometer | 2014 | 11% | - | - | [87] | |
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AmericasBarometer | 2014 | 8% | - | - | [87] | |
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AmericasBarometer | 2017 | 35% | - | - | [84] | |
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Ipsos | 2023 | 51% |
29% [15% support some rights] |
20% not sure | ±3.5% [b] | [85] |
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Ipsos | 2023 | 69% |
17% [7% support some rights] |
15% not sure | ±3.5% | [85] |
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Ipsos | 2023 | 65% |
24% [18% support some rights] |
12% | ±3.5% | [85] |
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Ipsos | 2023 | 49% | 33% [21% support some rights] |
18% | [85] | |
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CIEP | 2018 | 35% | 64% | 1% | [88] | |
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Gallup | 2019 | 63.1% | 36.9% | [89] | ||
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AmericasBarometer | 2017 | 10% | - | - | [84] | |
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CDN 37 | 2018 | 45% | 55% | - | [90] | |
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AmericasBarometer | 2019 | 22.9% | 51.3% | 25.8% | [91] | |
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Universidad Francisco Gavidia | 2021 | 82.5% | [92] | |||
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AmericasBarometer | 2017 | 12% | - | - | [84] | |
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AmericasBarometer | 2017 | 23% | - | - | [84] | |
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AmericasBarometer | 2017 | 21% | - | - | [87] | |
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AmericasBarometer | 2017 | 5% | - | - | [84] | |
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CID Gallup | 2018 | 17% | 75% | 8% | [93] | |
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AmericasBarometer | 2017 | 16% | - | - | [84] | |
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Ipsos | 2023 | 58% |
28% [17% support some rights] |
14% not sure | ±4.8% [b] | [85] |
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AmericasBarometer | 2017 | 25% | - | - | [84] | |
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AmericasBarometer | 2017 | 22% | - | - | [84] | |
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AmericasBarometer | 2017 | 26% | - | - | [84] | |
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Ipsos | 2023 | 41% | 40% [24% support some rights] |
19% | ±3.5% [b] | [85] |
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AmericasBarometer | 2017 | 9% | - | - | [84] | |
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AmericasBarometer | 2017 | 11% | - | - | [84] | |
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AmericasBarometer | 2017 | 4% | - | - | [84] | |
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AmericasBarometer | 2014 | 18% | - | - | [87] | |
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AmericasBarometer | 2014 | 16% | - | - | [87] | |
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Marquette | 2022 | 72% |
28% |
– | [94] | |
Selzer | 2022 | 74% (83%) |
13% (17%) |
13% not sure | [95][96] | ||
Quinnipiac | 2022 | 68% (77%) |
22% (23%) |
10% | [97] | ||
Ipsos | 2023 | 54% |
31% [14% support some rights] |
15% not sure | ±3.5% | [85] | |
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Equipos Consultores | 2019 | 59% | 28% | 13% | [98] | |
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Equilibrium Cende | 2023 | 55% (63%) |
32% (37%) |
13% | [99] |
Country | Pollster | Year | For | Against | Neutral[a] | Margin of error |
Source |
---|---|---|---|---|---|---|---|
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INEGI | 2017 | - | 35.9% | - | [100] | |
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INEGI | 2017 | - | 30.7% | - | [100] | |
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INEGI | 2017 | - | 42.1% | - | [100] | |
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OUTBermuda | 2020 | 53% | 35% | 11% | [101] | |
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INEGI | 2017 | - | 56.1% | - | [100] | |
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INEGI | 2017 | - | 58.7% | - | [100] | |
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INEGI | 2017 | - | 36.4% | - | [100] | |
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INEGI | 2017 | - | 46.8% | - | [100] | |
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INEGI | 2017 | - | 39.2% | - | [100] | |
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INEGI | 2017 | - | 38.8% | - | [100] | |
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INEGI | 2017 | - | 38.7% | - | [100] | |
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INEGI | 2017 | - | 54% | - | [100] | |
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INEGI | 2017 | - | 41.7% | - | [100] | |
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INEGI | 2017 | - | 34.2% | - | [100] | |
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INEGI | 2017 | - | 28.6% | - | [100] | |
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INEGI | 2017 | - | 46% | - | [100] | |
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INEGI | 2017 | - | 38.5% | - | [100] | |
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INEGI | 2017 | - | 38.8% | - | [100] | |
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INEGI | 2017 | - | 44.4% | - | [100] | |
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INEGI | 2017 | - | 52.2% | - | [100] | |
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INEGI | 2017 | - | 37.1% | - | [100] | |
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Pew Research Center | 2014 | 33% | 55% | 12% | [102] | |
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INEGI | 2017 | - | 32.4% | - | [100] | |
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INEGI | 2017 | - | 37.9% | - | [100] | |
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INEGI | 2017 | - | 38.6% | - | [100] | |
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INEGI | 2017 | - | 37.7% | - | [100] | |
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INEGI | 2017 | - | 31.4% | - | [100] | |
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INEGI | 2017 | - | 33.8% | - | [100] | |
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INEGI | 2017 | - | 56.5% | - | [100] | |
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INEGI | 2017 | - | 44.4% | - | [100] | |
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INEGI | 2017 | - | 43.9% | - | [100] | |
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INEGI | 2017 | - | 54.3% | - | [100] | |
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INEGI | 2017 | - | 43% | - | [100] | |
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INEGI | 2017 | - | 37.4% | - | [100] |
See also
Notes
- Excluding certain Native American tribes. Same-sex marriage is legal in at least 42 of them.
- Note: While listed here under “subnational level,” US Tribes are considered Nations both in a legal sense and when it comes to preferred language. The United States Government recognizes US Tribal Nations as “Domestic Dependent Nations” under the law in a government-to government relationship. Tribal nations exercise sovereignty, though Congress has ultimate authority under the Plenary Power Doctrine which is why tribal nations are placed here under an imperfect multi-purpose umbrella term[26][27][28]
References
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