LGBT rights in Uruguay
Encyclopedia
LGBT rights in the Americas
Lesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
. Same-sex sexual activity is legal, anti-discrimination laws are in place, and gays and lesbians are allowed to serve openly in the military. Furthermore, same-sex couples (as well as opposite sex couples) can enter into civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s which provides most of the rights of marriage (including adoption).
Law regarding same-sex sexual activity
Same-sex sexual activity was decriminalized in 1934. Then the age of consentAge of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
became equal at 15, regardless of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and/or gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, however the corruption of persons under the age of 18 is criminalized as well, since 1994.
Recognition of same-sex relationships
Uruguay was the first Latin AmericaLatin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n country to legalize civil unions under national legislation. Under the legislation couples would have be together for at least five years and sign a registry. The couples will receive health benefits, inheritance, parenting and pension rights. The bill was passed in Congress on 30 November 2007 after having been passed in a similar form in the Senate earlier in February 2007; the bill was passed by both chambers in the same forum on 19 December and signed into law by president Tabaré Vázquez
Tabaré Vázquez
Tabaré Ramón Vázquez Rosas is a former President of Uruguay. A physician by training, he is a member of the leftist Frente Amplo coalition . Vázquez was elected president on October 31, 2004, took office on March 1, 2005, and relinquished the office on March 1, 2010...
on 27 December. It came into effect since 1 January 2008. Following the approval of a bill, both same-sex and opposite-sex couples are allowed to enter into a civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
after they live together for at least five years, and will be entitled to get some of the benefits that married couples are afforded. In July 2010, lawmakers of the ruling Broad Front
Broad Front (Uruguay)
The Broad Front is a Uruguayan left-wing coalition of political parties. It is led by Jorge Brovetto. Frente Amplio has close ties with PIT-CNT trade union and the cooperative housing movement.-History:...
announced intension to legalize same sex marriage. In 2011, the Marriage Equality Bill got introduced to Congress and awaits a vote in both the House and the Senate.
Adoption and family planning
Since September 2009, same-sex couples in a civil union can jointly adopt. The law enabling this was approved by the House of Deputies on 28 August 2009 and by the Senate on 9 September 2009. Uruguay was the first country in Latin AmericaLatin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
to allow same-sex couples to adopt children.
17 out of a possible 23 senators voted in favour of the move. After the vote, Senator Margarita Percovich said: "It is a right for the boys and the girls, not a right for the adults. It streamlines the adoption process and does not discriminate". Diego Sempol, a representative of the gay rights group, Black Sheep, said: “This law is a significant step toward recognizing the rights of homosexual couples”. Nicolas Cotugno, archbishop of Montevideo
Montevideo
Montevideo is the largest city, the capital, and the chief port of Uruguay. The settlement was established in 1726 by Bruno Mauricio de Zabala, as a strategic move amidst a Spanish-Portuguese dispute over the platine region, and as a counter to the Portuguese colony at Colonia del Sacramento...
had previously said it would be a "serious error to accept the adoption of children by homosexual couples", claiming it was "not about religion, philosophy or sociology. It's something which is mainly about the respect of human nature itself". He also claimed: "The Church cannot accept a family made up of two people of the same sex. These are people who unite and live their life together, but the Church does not consider that a family. A child is not something you make. I don't want to be too harsh in my comment, but with all due respect, a child is not a pet". Senator Francisco Gallinal of the National Party
National Party (Uruguay)
The National Party , also known as the White Party , is a major right-wing conservative political party in Uruguay, currently the major opposition party to the ruling Frente Amplio government....
claimed: “The family is the bedrock of society and this measure weakens it. For us, allowing children to be adopted by same-sex couples is conditioning the child’s free will.”
Discrimination protections
Incitement to hatred on the grounds of sexual orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
has been prohibited since 2003, and in 2004 an anti-discrimination law was passed to create an Honorary Commission to Combat Racial Discrimination, Xenophobia and other forms of Discrimination including sexual orientation and gender identity discrimination. Commission is intended to recommend laws to protect against various forms of discrimination.
Military service
Since May 2009, gays are allowed to serve openly in the military of Uruguay, after the Defence Minister signed a decree stating that military recruitment policy would no longer discriminate on the basis of sexual orientation.Transgender issues
In October 2009, a law was passed allowing transgender people over the age of 18 to change their name and legal gender on official documents, so that it is in line with their gender identityGender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
.
Summary table
| Same-sex sexual activity |  |
| Equal age of consent | |
| Anti-discrimination laws in employment | |
| Anti-discrimination laws in all other areas | |
| Hate crimes laws covering both sexual orientation and gender identity | |
| Recognition of same-sex couples (e.g. civil unions) | |
| Same-sex marriage |  |
| Adoption by same-sex couples | |
| Gays allowed to serve in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| MSM Men who have sex with men Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual... s allowed to donate blood |
Unknown |
See also
- Civil unions in UruguayCivil unions in UruguayOn January 1, 2008, Uruguay became the first Latin American country to have a national civil union law, titled Ley de Unión Concubinaria.The bill for legalization, proposed by Senator Margarita Percovich of the Broad Front, was passed in Chamber of Deputies on 29 November 2007 after having been...
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...