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LGBTQ rights in the Americas

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

Key Information

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.

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
Opinion polls for same-sex adoption in Americas
Country Pollster Year For Against Don't Know/Neutral/No answer/Other
Argentina Ipsos 2023 71%[19] 24% 6%
Brazil Ipsos 2023 69%[19] 22% 9%
Canada Ipsos 2023 74%[19] 17% 9%
Chile CADEM 2022 70%[20] 28% 2%
Colombia Ipsos 2023 53%[19] 40% 7%
Mexico Ipsos 2023 60%[19] 34% 6%
Peru Ipsos 2023 51%[19] 42% 7%
United States Ipsos 2023 64%[19] 26% 10%
Uruguay Equipos Consultores 2013 52%[21] 39% 9%
Venezuela Equilibrium Cende 2023 48%[22]
(55%)
39%
(45%)
13%
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

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

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

Legislation by country or territory

Tables:

North America

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Central America

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Caribbean

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South America

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Public opinion

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Same-sex marriage

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  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
Opinion polls for same-sex marriage by country
Country Pollster Year For Against Neutral[a] Margin
of error
Source
Antigua and Barbuda Antigua and Barbuda AmericasBarometer 2017 12% - - [204]
Argentina Argentina Ipsos 2023 70%
16% [8% support some rights]
14% not sure ±3.5% [205]
Aruba Aruba 2021 46% [206]
The Bahamas Bahamas AmericasBarometer 2014 11% - - [207]
Belize Belize AmericasBarometer 2014 8% - - [207]
Bolivia Bolivia AmericasBarometer 2017 35% - - [204]
Brazil Brazil Ipsos 2023 51%
29% [15% support some rights]
20% not sure ±3.5% [b] [205]
Canada Canada Ipsos 2023 69%
17% [7% support some rights]
15% not sure ±3.5% [205]
Chile Chile Ipsos 2023 65%
24% [18% support some rights]
12% ±3.5% [205]
Colombia Colombia Ipsos 2023 49% 33% [21% support some rights]
18% [205]
Costa Rica Costa Rica CIEP 2018 35% 64% 1% [208]
Cuba Cuba Gallup 2019 63.1% 36.9% [209]
Dominica Dominica AmericasBarometer 2017 10% - - [204]
Dominican Republic Dominican Republic CDN 37 2018 45% 55% - [210]
Ecuador Ecuador AmericasBarometer 2019 22.9% 51.3% 25.8% [211]
El Salvador El Salvador Universidad Francisco Gavidia 2021 82.5% [212]
Grenada Grenada AmericasBarometer 2017 12% - - [204]
Guatemala Guatemala AmericasBarometer 2017 23% - - [204]
Guyana Guyana AmericasBarometer 2017 21% - - [207]
Haiti Haiti AmericasBarometer 2017 5% - - [204]
Honduras Honduras CID Gallup 2018 17% 75% 8% [213]
Jamaica Jamaica AmericasBarometer 2017 16% - - [204]
Mexico Mexico Ipsos 2023 58%
28% [17% support some rights]
14% not sure ±4.8% [b] [205]
Nicaragua Nicaragua AmericasBarometer 2017 25% - - [204]
Panama Panama AmericasBarometer 2017 22% - - [204]
Paraguay Paraguay AmericasBarometer 2017 26% - - [204]
Peru Peru Ipsos 2023 41% 40% [24% support some rights]
19% ±3.5% [b] [205]
Saint Kitts and Nevis Saint Kitts and Nevis AmericasBarometer 2017 9% - - [204]
Saint Lucia Saint Lucia AmericasBarometer 2017 11% - - [204]
Saint Vincent and the Grenadines Saint Vincent and the Grenadines AmericasBarometer 2017 4% - - [204]
Suriname Suriname AmericasBarometer 2014 18% - - [207]
Trinidad and Tobago Trinidad and Tobago AmericasBarometer 2014 16% - - [207]
United States United States Marquette 2022 72%
28%
[214]
Selzer 2022 74%
(83%)
13%
(17%)
13% not sure [215][216]
Quinnipiac 2022 68%
(77%)
22%
(23%)
10% [217]
Ipsos 2023 54%
31% [14% support some rights]
15% not sure ±3.5% [205]
Uruguay Uruguay Equipos Consultores 2019 59% 28% 13% [218]
Venezuela Venezuela Equilibrium Cende 2023 55%
(63%)
32%
(37%)
13% [219]
Opinion polls for same-sex marriage by dependent territory and sub-national entities
Country Pollster Year For Against Neutral[a] Margin
of error
Source
Aguascalientes Aguascalientes INEGI 2017 - 35.9% - [220]
Baja California Baja California INEGI 2017 - 30.7% - [220]
Baja California Sur Baja California Sur INEGI 2017 - 42.1% - [220]
Bermuda Bermuda OUTBermuda 2020 53% 35% 11% [221]
Campeche Campeche INEGI 2017 - 56.1% - [220]
Chiapas Chiapas INEGI 2017 - 58.7% - [220]
Chihuahua (state) Chihuahua INEGI 2017 - 36.4% - [220]
Coahuila Coahuila INEGI 2017 - 46.8% - [220]
Colima Colima INEGI 2017 - 39.2% - [220]
Durango Durango INEGI 2017 - 38.8% - [220]
Guanajuato Guanajuato INEGI 2017 - 38.7% - [220]
Guerrero Guerrero INEGI 2017 - 54% - [220]
Hidalgo (state) Hidalgo INEGI 2017 - 41.7% - [220]
Jalisco Jalisco INEGI 2017 - 34.2% - [220]
Mexico City Mexico City INEGI 2017 - 28.6% - [220]
Michoacán Michoacán INEGI 2017 - 46% - [220]
Morelos Morelos INEGI 2017 - 38.5% - [220]
Nayarit Nayarit INEGI 2017 - 38.8% - [220]
Nuevo León Nuevo León INEGI 2017 - 44.4% - [220]
Oaxaca Oaxaca INEGI 2017 - 52.2% - [220]
Puebla Puebla INEGI 2017 - 37.1% - [220]
Puerto Rico Puerto Rico Pew Research Center 2014 33% 55% 12% [222]
Querétaro Querétaro INEGI 2017 - 32.4% - [220]
Quintana Roo Quintana Roo INEGI 2017 - 37.9% - [220]
San Luis Potosí San Luis Potosí INEGI 2017 - 38.6% - [220]
Sinaloa Sinaloa INEGI 2017 - 37.7% - [220]
Sonora Sonora INEGI 2017 - 31.4% - [220]
State of Mexico State of Mexico INEGI 2017 - 33.8% - [220]
Tabasco Tabasco INEGI 2017 - 56.5% - [220]
Tamaulipas Tamaulipas INEGI 2017 - 44.4% - [220]
Tlaxcala Tlaxcala INEGI 2017 - 43.9% - [220]
Veracruz Veracruz INEGI 2017 - 54.3% - [220]
Yucatán Yucatán INEGI 2017 - 43% - [220]
Zacatecas Zacatecas INEGI 2017 - 37.4% - [220]


See also

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Notes

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References

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Further reading

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