Legislation in South America
| LGBT rights in: | Same-sex sexual activity | Recognition of same-sex relationships | Same-sex marriage | Same-sex adoption | Allows gays to serve openly in military? | Anti-discrimination Laws | Anti- discrimination Laws concerning gender identity/expression |
|---|---|---|---|---|---|---|---|
| Argentina | Legal since 1887 + UN decl. sign. |
Unregistered cohabitation throughout the country. | Legal since 2010. | Legal since 2010. | Since 2009. | / The Constitution of Argentina prohibits all forms of discrimination, though sexual orientation is not explicited | Transgender persons can change their legal gender and name without surgeries or judicial permission |
| Bolivia | Legal + UN decl. sign. |
(Proposed) | Constitutional ban | Constitutional ban | Unknown | Bans some anti-gay discrimination | Bans all discrimination based on gender identity |
| Brazil | Legal since 1830 + UN decl. sign. |
Civil unions since 2004. | / Varies by state, but not recognized by federal government. |
Legal since 2010. | Gays and lesbians to serve openly in military. | / The Constitution of Brazil prohibits all forms of discrimination, though sexual orientation is not explicited. | Transgender people can change their legal gender and name since 2009, though surgery is required. |
| Chile | Legal since 1999 + UN decl. sign. |
(Pending) | (Pending) | ||||
| Colombia | Legal since 1981 + UN decl. sign. |
Legal since 2007 | / from 20 July, 2013 under a Constitutional Court ruling if Congress does not act. | single person, no matter her/his sexual orientation may adopt. First case of step-child adoption, Court ordered. | since 1999. Since 2009: the military special social security system can be used by same sex couples in the army | Bans all anti-gay discrimination, including hate speech | Since 1993. The name's gender can be changed easily in the National ID Card, to change the sex field a surgery is required. |
| Ecuador | Legal since 1997 + UN decl. sign. |
Civil unions recognized since 2009 | Constitutional ban | Constitutional ban | Bans some anti-gay discrimination | Bans all discrimination based on gender identity | |
| Falkland Islands | Legal | Bans some anti-gay discrimination | Unknown | ||||
| French Guiana | Legal since 1791 + UN decl. sign. |
Pacte civil de solidarité since 1999 | Single gay persons may adopt | Bans some anti-gay discrimination | Unknown | ||
| Guyana | Illegal. (Penalty: Up to life imprisonment) | Unknown | Added to constitution in 2004, but withdrawn afterwards by the government. | Unknown | |||
| Paraguay | Legal since 1880 + UN decl. sign. |
Constitutional ban since 1992 | Constitutional ban since 1992 | Unknown | Unknown | ||
| Peru | Legal since 1836-37 | since 2009 | Bans all anti-gay discrimination. Penalized with 2-4 years in jail. | Possible via Civil Code and Legal Process, but no specific law. | |||
| South Georgia and the South Sandwich Islands | Legal | Bans some anti-gay discrimination | Unknown | ||||
| Suriname | Legal since 1869 | Unknown | Unknown | ||||
| Uruguay | Legal since 1934 + UN decl. sign. |
Civil unions since 2008. | Under Consideration. | Since 2009. | Since 2009. | Legal protection since 2004. | Legal protection since 2004. Transgender persons can change their legal gender and name since 2009. |
| Venezuela | Legal + UN decl. sign. |
(since 1999) | Bans some anti-gay discrimination |
Read more about this topic: LGBT Rights In The Americas, Legislation By Country or Territory
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