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In June 2016, Venezuela's opposition announced that it will work on a civil union bill.
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The lawsuit seeks to declare Article 44 of the Civil Code unconstitutional because it states that marriage is only legally valid between a man and a woman in Venezuela. On 28 April 2016, the Supreme Court announced it would hear the case. In January 2015, a lawsuit for the right to marry was filed before the country's Supreme Court. On 31 January 2014, during a debate on a civil code reform bill, LGBT activists submitted a proposal seeking to legalize same-sex marriage. Further other initiatives concerning this subject and recognition of identity of transgender people were submitted by the civil society to the National Assembly, but no formal discussion has ever taken place. On 20 March 2009, Chamber of Deputies member Romelia Matute announced that the National Assembly would explicitly legalize same-sex unions and recognize them as asociaciones de convivencia (association by cohabitation) as part of the Gender and Equity Organic Law. Notwithstanding this, the National Assembly is the government body with the mandate to legislate to protect such rights for same-sex partners." The decision also indicated that these rights were covered under the Constitution of the Bolivarian Republic of Venezuela. The ruling, issued on 28 February 2008 despite recognizing that "same sex partners enjoy all of the rights, civil, political, economic, social and cultural rights- they do not have special protection similar to concubinage or marriage between a man and a woman, that is, in the same terms than heterosexual partners have. In 2003, a LGBT NGO called Unión Afirmativa (Affirmative Union) submitted an appeal to the Supreme Court for legal recognition of economic rights (pensions, inheritance, social security, common household, etc.) for same-sex partners. A stable de facto union between a man and a woman which meets the requirements established by law shall have the same effects as marriage.Īlso, there is no legal recognition of same-sex couples explicitly in Venezuelan law.
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Marriage between a man a woman, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected. Article 77 of the Constitution reads as follows: The Constitution of Venezuela, adopted in 1999, defines marriage as a union between a man and a woman, thus constitutionally banning same-sex marriage. Poster demanding same-sex union recognition in Venezuela. The universal age of consent is equal at 16. This law was declared unconstitutional by the former Supreme Court of Justice in 1997.
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People submitted to this law by "administrative measures" could be placed under "re-educational programs" in special "confinement places" without trial, as has also happened in many other countries, including Spain. However, it was occasionally applied to homosexuals and transgender individuals engaged in prostitution, as well as sex workers in general as reported by Amnesty International. In Venezuela, contrary to Spain, this law did not refer expressly to homosexuals. Homosexuality has never been punishable since Venezuelan independence, except under the "Vagrants and Thugs' law" ( Ley de vagos y maleantes) (pre-criminal behavior laws as in place in Europe and Latin America during the 20th century).
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2 Recognition of same-sex relationships.