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LGBT rights in the Americas

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Lesbian, gay, bisexual, and transgender (LGBT) rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought with them their Christian religion and customs from Europe. These attitudes continue to influence society in these countries. In particular, the Roman Catholic Church and The Church of Jesus Christ of Latter-day Saints, both of which oppose legal recognition of homosexual relationships, are active in the politics of the Americas.

Acceptance of LGBT persons in the Americas varies widely. Same-sex marriages have been recognized in Canada nationwide since 2005, and are partially legalized in the United States and Mexico. Same-sex marriages performed in the Netherlands are recognized in Aruba and the Netherlands Antilles. Furthermore, some other nations have laws permitting other types of same-sex unions, as well as LGBT adoption and military service by LGBT people. However, many other nations, particularly in the former British West Indies, continue to criminalize homosexuality. These countries include Jamaica, Barbados, Guyana, and Trinidad and Tobago. Jamaica, in particular, has received international criticism for the existence of extreme violence against LGBT people in its society.[1]


Legislation by country or territory

Legislation in North America

LGBT rights in: Homosexual acts legal? Recognition of same-sex unions Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Bermuda ✔ Legal since 1994 (Age of consent discrepancy, see article) ✘ ✘ Unknown ✔ (due to policy of conscription) ✘ ✘
Canada ✔ Legal since 1969 (Disputed age of consent discrepancy, see article)
+ UN decl. sign. 		✔ ✔ Legal since 2003, nationwide since 2005 ✔ [2][3] ✔ Since 1992[13] ✔Bans all anti-gay discrimination, including hate speech ✔Sex changes legally recognised; Explicit anti-discrimination protections only in NWT, implicit elsewhere;[4]
Mexico ✔ Legal since 1871
+ UN decl. sign. 		✘ / ✔ Legal since 2007 in Mexico City and Coahuila ✘ / ✔ Legal since 2009 in Mexico City.[5] ✘ / ✔ Legal since 2009 in Mexico City. Nationwide, single gay persons may adopt.[5] ✘ ✔ Since 1999, nationwide since 2003.[6] ✘ / ✔ In Mexico City only.[7]
Saint Pierre et Miquelon (overseas collectivity of France) ✔ Legal since 1791
+ UN decl. sign. 		✔ Pacte civil de solidarité since 1999 ✘ ✘ Single gay persons may adopt ✔ ✔ Bans some anti-gay discrimination ✘
United States ✔ Legal since 1962, nationwide since 2003
+ UN decl. sign. 		✘ / ✔ Varies by state ✘ / ✔ Legal since 2004, marriage in 5 states ✘ / ✔ Single gay persons may adopt, laws on couples vary by state ✘ "Don't ask, don't tell" policy 20 states, [8] sexual orientation included in federal hate crime definition[9] 13 states ban discrimination by gender identity,[10] included in federal hate crime definition[11]

Legislation in Central America

LGBT rights in: Homosexual acts legal? Recognition of same-sex unions Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Belize ✘ Male: Illegal since 2003 (Penalty: 10 year prison sentence) ✔ Female: Legal Unknown Unknown Unknown Unknown Unknown Unknown
Costa Rica ✔ Legal since 1971 ✘ (There is a project in the Congress) ✘ Unknown (Has happened in some cases) Doesn't apply. There are no military forces in Costa Rica, nonetheless they may serve in the police ✔ Bans some anti-gay discrimination
El Salvador ✔ Legal ✘ ✘ Unknown ✔ Yes ✔ Bans some anti-gay discrimination ✘
Guatemala ✔ Legal ✘ ✘ Unknown Unknown ✔ Anti-discrimination in Youth and Childhood Act since 1997.
Honduras ✔ Legal ✘ ✘ Constitutional ban ✘ Constitutional ban ✘ ✘
Nicaragua ✔ Legal since 2008
+ UN decl. sign. 		✘ ✘ - - ✔ Bans some anti-gay discrimination[12]
Panama ✔ Legal since 2008 ✘ ✘ Unknown ✘ ✘

Legislation in the Caribbean islands

LGBT rights in: Homosexual acts legal? Recognition of same-sex unions Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Anguilla (Overseas territory of the United Kingdom) ✔ Legal since 2000 ✘ ✘ Unknown ✔ Unknown Unknown
Antigua and Barbuda ✘ Illegal (Penalty: 15 year prison sentence) Unknown Unknown Unknown Unknown Unknown Unknown
Aruba (Autonomous country in the Kingdom of the Netherlands) ✔ Legal ✘ Only unions made in The Netherlands recognised ✘ Only same-sex marriages made in The Netherlands recognised Unknown ✔ Unknown Unknown
Bahamas ✔ Legal since 1991 (Age of consent discrepancy) ✘ ✘ Unknown ✔ ✘ ✘
Barbados ✘ Illegal (Penalty: life sentence) Unknown Unknown Unknown Unknown Unknown Unknown
British Virgin Islands ✔ Legal since 2000 ✘ ✘ Unknown ✔ ✔ Bans some anti-gay discrimination ✘
Cayman Islands ✔ Legal since 2000 ✘ ✘ Unknown ✔ Unknown ✘
Cuba ✔ Legal since 1979
+ UN decl. sign. 		✘ ✘ Unknown ✘ Unknown ✘
Dominica ✘ Illegal (Penalty: 10 year prison sentence) Unknown Unknown Unknown Unknown Unknown Unknown
Dominican Republic ✔ ✘ ✘ ✘ ✘ ✘ ✘
Grenada ✘ Male illegal (Penalty: 10 year prison sentence)
✔ Female legal 		Unknown Unknown Unknown Unknown Unknown Unknown
Guadeloupe (Overseas department of France) ✔ Legal since 1791
+ UN decl. sign. 		✔ Pacte civil de solidarité
since 1999 		✘ ✘ Single gay persons may adopt ✔ ✔ Bans some anti-gay discrimination
Haiti ✔ Legal Unknown Unknown Unknown Unknown Unknown Unknown
Jamaica ✘ Illegal (Penalty: 10 years hard labor)
✔ Female legal 		Unknown Unknown Unknown Unknown Unknown Unknown
Martinique (Overseas department of France) ✔ Legal since 1791
+ UN decl. sign. 		✔ Pacte civil de solidarité
since 1999 		✘ ✘ Single gay persons may adopt ✔ ✔ Bans some anti-gay discrimination
Montserrat ✔ Legal since 2000 ✘ ✘ Unknown ✔ Unknown
Netherlands Antilles ✔ Legal ✘ Only unions made in The Netherlands recognised ✘ Only same-sex marriages made in The Netherlands recognised Unknown ✔ Unknown
Puerto Rico (Commonwealth of the United States) ✔ Legal since 2005 ✘ ✘ ✘ Single gay persons may adopt ✘ US military has a "don't ask, don't tell" policy ✘
Saint Kitts and Nevis ✘ Male illegal (Penalty: 10 years)
✔ Female legal 		Unknown Unknown Unknown Unknown Unknown Unknown
Saint Lucia ✘ Male illegal (Penalty: fine and/or 10 year prison sentence)
✔ Female legal 		Unknown Unknown Unknown Unknown Unknown Unknown
Saint Vincent and the Grenadines ✘ Illegal (Penalty: fine and/or 10 year prison sentence) Unknown Unknown Unknown Unknown Unknown Unknown
Trinidad and Tobago ✘ Illegal (Penalty: 25 year prison sentence) Unknown Unknown Unknown Unknown Unknown Unknown
Turks and Caicos Islands ✔ Legal since 2000 ✘ ✘ Unknown ✔ Unknown
United States Virgin Islands (Insular area of the United States) ✔ Legal Unknown ✘ Unknown ✘ US military has a "don't ask, don't tell" policy - -

Legislation in South America

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Argentina ✔ Legal
+ UN decl. sign. 		✔ Unregistered cohabitation in all country, Civil unions in Buenos Aires, Villa Carlos Paz, and Rio Negro province ✘ Under consideration ✘ ✔ Since 2009 No national protections, but cities of Buenos Aires and Rosario have had laws since 1996. Unknown
Bolivia ✔ Legal since
+ UN decl. sign. 		✘ ✘ Constitutionally banned in 2007 ✘ Unknown ✔ Bans some anti-gay discrimination Bans all discrimination based on gender identity[13]
Brazil ✔ Legal since 1830
+ UN decl. sign. 		✔ Unregistered cohabitation throughout the country

See also Recognition of same-sex unions in Brazil

✘Decision pending in the Supreme Court[14] ✔[15] ✔[16][17] ✔/✘Legal protection for sexual orientation in some states ✔/✘Despite a lack of specific legislation, recent jurisprudence has been in favor of gender-motivated identity change.[18][19]
Chile ✔ Legal since 1998 (Age of consent discrepancy)
+ UN decl. sign. 		✘ ✘ ✘ Unknown Unknown
Colombia ✔ Legal since 1981
+ UN decl. sign. 		✔ Legal since 2007 ✘ ✘ single gay person may adopt ✔ since 1999. Since 2009: the military special social security system can be used by same sex couples in the army ✔ ✔[20] 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. 		✔[21] Civil unions recognized since 2009 ✘ Constitutional ban ✘ Unknown ✔ 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 ✘ Male illegal (Penalty: life imprisonment)
✔ Female legal. 		Unknown Unknown Unknown Unknown ✘ Added to constitution in 2004, but withdrawn afterwards by the government. Unknown
Paraguay ✔ Legal (Age of consent discrepancy)
+ UN decl. sign. 		✘ Constitutional ban since 1992[22] ✘ Constitutional ban since 1992[23] Unknown Unknown Unknown Unknown
Peru ✔ Legal ✘ ✘ Unknown ✘ Bans some anti-gay discrimination Unknown
Suriname ✔ Legal (Age of consent discrepancy) ✘ ✘ Unknown Unknown Unknown Unknown
Uruguay ✔ Legal since 1934
+ UN decl. sign. 		✔ Civil unions since 2008[24],[25] ✘ (but proposed) ✔ Since 2009 ✔ Since 2009 ✔ Bans some anti-gay discrimination since 2004 ✔Since December 2008, transgender people can change their legal gender, from the age of 12 onwards.[26]
Venezuela ✔ Legal
+ UN decl. sign. 		✘ Civil union bill passed first reading, becomes law if passes second ✘ ✘ ✘ ✘ Ban revoked from 1999 constitution at last minute; under consideration (passed first reading) ✘ Under consideration (passed first reading)

Legislation in Disputed territories in the Americas

LGBT rights in: Homosexual acts legal? Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Falkland Islands (overseas territory of the U.K., claimed by Argentina) ✔ Legal ✔ Legal since 2005</small> ✘ ✔ ✔ ✔ Bans some anti-gay discrimination Unknown

See also

References

  1. ↑ See LGBT rights in Jamaica.
  2. ↑ Sexual Orientation and Legal Rights (92-1E)
  3. ↑ Same Sex Couple Adoption: The Situation in Canada and Australia (Research Note 29 1999-2000)
  4. ↑ Northwest Territories Human Rights Act, S.N.W.T. 2002, c.18. Section 5.
  5. ↑ 5.0 5.1 Telegraph (21 December 2009). Mexico City becomes first Latin America city to legalise gay marriage. Retrieved on 21 December 2009.
  6. ↑ International Gay and Lesbian Human Rights Commission (IGLHRC) (April 23, 2003). Mexico protects its gay and lesbian citizens with new law. Retrieved on November 27, 2009.
  7. ↑ International Lesbian and Gay Association (ILGA) Trans (August 29, 2008). Mexico City extends official rights to transgender individuals. Retrieved on November 27, 2009.
  8. ↑ http://www.hrc.org
  9. ↑ See Matthew Shepard Act.
  10. ↑ http://www.hrc.org
  11. ↑ See Matthew Shepard Act.
  12. ↑ [1]
  13. ↑ [2]
  14. ↑ [3]Template:Pt
  15. ↑ [4]Template:Pt
  16. ↑ [5]Template:Pt
  17. ↑ [6]Template:Pt "Ressalte-se que ser homossexual não é crime militar."
  18. ↑ [7]Template:Pt
  19. ↑ [8]Template:Pt
  20. ↑ [9]Template:Es
  21. ↑ [10]Template:Es
  22. ↑ [11]
  23. ↑ [12]
  24. ↑ Gay News From 365Gay.com
  25. ↑ Uruguay to Allow Civil Unions - Towleroad, a site with homosexual tendencies
  26. ↑ http://www.tetu.com/actualites/international/uruguay-feu-vert-a-ladoption-par-les-couples-homos-15431 Uruguay: feu vert à l'adoption par les couples homos!]

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