US: Neither performed nor recognized in
some tribal nations. Recognized but not performed in several other tribal nations and
American Samoa.
Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
Same-sex marriage has been legal in
Uruguay since August 5, 2013.[1] A bill for legalization was passed by the
Chamber of Representatives on December 12, 2012, in a vote of 81–6.[2] The
Senate approved it with some minor amendments on April 2, 2013, in a 23–8 vote.[3] The amended bill was approved by the Chamber of Representatives in a 71–21 vote on April 10 and was signed into law by President
José Mujica on May 3, 2013. It took effect on August 5.[4][5] Uruguay was the third country in
South America, after
Argentina and
Brazil,[6] and the
fourteenth in the world to legalize same-sex marriage.
On January 20, 2008, Uruguay became the first
Latin American country to enact a national
civil union law. Civil unions provide several, but not all, of the rights and benefits of
marriage.
Civil unions
On January 20, 2008, Uruguay became the first
Latin American country to enact a national
civil union law, titled Ley de Unión Concubinaria.[7] The law, proposed by Senator
Margarita Percovich of the
Broad Front, was passed in the
Chamber of Representatives on November 29, 2007, after having been passed in a similar form in the
Senate in 2006.[8][9][10] The bill was passed by both chambers in the same form on December 19,[11][12] and signed into law by President
Tabaré Vázquez on December 27.[13][14] It was published in the official journal on January 10, 2008, and came into effect on January 20.[15] The first union was performed on April 17, 2008.[16][17]
Following the approval of the bill, both same-sex and opposite-sex couples are allowed to enter into a civil union (
Spanish: unión concubinaria, pronounced[uˈnjoŋkoŋkuβiˈnaɾja]) after having lived together for at least five years, and are entitled to most of the benefits that married couples are afforded, including
social security entitlements,
inheritance rights and joint ownership of goods and property.[18]
A government-backed bill allowing same-sex couples to
adopt children was discussed in Parliament in the spring of 2008, receiving the support of President Vázquez and fierce opposition from the
Catholic Church. The bill was approved by the Chamber of Representatives on August 27, 2009, by a 40–13 vote,[19][20] and by the Senate on September 9 with a 17–6 vote. It was signed into law by Vázquez on September 18, 2009. Uruguay was the first country in
South America to allow
same-sex couples to jointly adopt.[21][22][23][24]
Same-sex marriage
On May 25, 2009, Senator
Margarita Percovich announced that if the
Broad Front won
the national elections in October 2009 it would introduce a
same-sex marriage bill to Parliament.[25] In October, the Broad Front won an absolute majority in both chambers and
José Mujica, the Broad Front presidential candidate, won the presidential election on November 29, 2009. In July 2010, legislators of the ruling party announced plans to submit a bill to legalise same-sex marriage.[26][27][28]Michelle Suárez Bértora, the first
transgender attorney in Uruguay, assisted in drafting the same-sex marriage legislation as part of her work with the LGBT rights organization Ovejas Negras ("Black Sheep").[29] On July 25, 2010, former President
Julio María Sanguinetti of the
Colorado Party expressed his support for the legalization of same-sex marriage, while former President
Luis Alberto Lacalle of the
National Party stated his opposition.[30][31]
In April 2011, Sebastián Sabini, a legislator of the
Movement of Popular Participation, one of the parties consisting the Broad Front, presented the bill allowing same-sex couples to marry.[32][33] The bill was formally submitted to the Chamber of Representatives on September 6, 2011.[34]
In June 2012, a judicial court recognized a foreign same-sex marriage
conducted in Spain.[35][36][37] The court ruled that local laws already permitted same-sex marriage, and that same-sex couples who married abroad may have their marriage recognized under Uruguayan law by a
judge.[38] However, the ruling was
appealed.[39]
In June 2012, Minister of Education and Culture
Ricardo Ehrlich announced that the same-sex marriage bill would be debated in
Parliament before the end of 2012.[40] On July 4, 2012, the Chamber of Representatives' Constitutional and Legislative Affairs Committee began debating the legislation.[41] The committee initially approved the bill on November 28, 2012,[42][43][44] and on December 5 it amended the bill and gave its final approval.[45][46] On December 12, the
Chamber of Representatives approved the bill by a vote of 81–6 with no abstentions, and sent it to the
Senate.[47][48] On March 19, 2013, the Senate's Constitutional and Legislative Affairs Committee passed the bill with some minor amendments.[49][50][51] The Senate approved the amended bill on April 2, 2013, in a 23–8 vote.[52][53][54] On April 10, 2013, the Chamber of Representatives approved the amended bill in a 71–21 vote.[55][56] The bill was signed into law by President José Mujica on May 3,[5][57][58] and took effect on August 5, 2013.[59][60]
Presidential candidate
Luis Lacalle Pou stated in an interview with El País in October 2018 that despite having voted against the same-sex marriage law as a national representative, should he be elected president his government would not overturn the same-sex marriage law. Lacalle Pou was elected president in the
2019 general election.[63]
Statistics
In the first year following the law's entry into force, 134 same-sex couples had married in
Montevideo and the surrounding metropolitan area.[64] Approximately 200 same-sex couples had married in the whole country during the same period.[65]
In 2016, estimates from the Faculty of Social Sciences at the
University of the Republic showed that about 60.3% of relationships in Uruguay were married opposite-sex couples, 38.4% unmarried opposite-sex couples, 0.6% opposite-sex couples in civil unions, 0.2% married same-sex couples, 0.5% unmarried same-sex couples and 0.1% same-sex couples in civil unions. These numbers remained relatively unchanged in 2017.[66] The estimates also showed that unemployment among same-sex partners stood at 3.4% (compared to 4.7% among heterosexual partners) and that same-sex partners were more likely to have completed
tertiary education (41%, compared to 19% among heterosexual partners).[67]
Public opinion
A Factum poll conducted in November 2011 found that 52% of the population supported same-sex marriage, 32% were opposed, 10% were neutral and 6% had no opinion.[68] According to a Cifra poll conducted between November 29 and December 6, 2012, 53% of
Uruguayans supported same-sex marriage, 32% were opposed and 15% had no opinion. The survey also showed that support for same-sex marriage was highest among
Broad Front voters (62%), and lower among voters from the
Colorado Party and the
National Party (both 42%).[69] Another Cifra poll, conducted between February 22 and March 4, 2013, found that 54% of respondents supported same-sex marriage, 32% were opposed, 9% were undecided and 4% had no opinion.[70][71]
According to a
Pew Research Center survey conducted between November 22, 2013, and January 8, 2014, 62% of Uruguayans supported same-sex marriage, while 31% were opposed.[72][73]
According to the 2014 AmericasBarometer (published in June 2015), 71% of Uruguayans were in favour of same-sex marriage.[74] This level of support was the second highest among the 28
American countries polled, behind only
Canada.[75] 53% "strongly" supported same-sex marriage, while 17% "strongly" opposed it; with the remaining being "somewhat" in support or in opposition or had no opinion. Additionally, support was higher among young people: 79% and 80% of 18–25-year-olds and 26–35-year-olds supported same-sex marriage, respectively. Among people over the age of 66, support was 51%. The 2017 AmericasBarometer showed that 75% of Uruguayans supported same-sex marriage.[76]