Same-sex marriage in Brazil

Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legal in Brazil since 16 May 2013 in accordance with a decision from the National Justice Council,[1][2] ordering notaries of every state to license and perform same-sex marriages.[3][4] Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so.

Same-sex unions had already been legally recognized in Brazil in the form of stable unions in line with a ruling from the Supreme Federal Court of May 5, 2011. These unions are granted most of the rights of marriages, including adoption, welfare benefits, pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, IVF and surrogacy. The ruling was published on 12 May and took effect on 13 May 2011.[5][6]

On October 25, the Superior Court of Justice ruled that two women can legally marry. Differently from the U.S. Supreme Court's "stare decisis", the Superior Court decision would only reach the authors of the demand, but stood as a precedent that could be followed in similar cases. It is the highest court in Brazil to uphold a same-sex marriage. It overturned two lower courts' rulings against the women. The Court ruled that the Constitution guarantees same-sex couples the right to marry and that the current Civil Code does not prohibit the marriage of two people of the same sex.[7][8][9] This decisions paved the way for future legalization on same-sex matrimonial rights.

Before the nationwide legalisation in May 2013, the states of Alagoas,[10] Bahia,[10][11] Ceará, Espírito Santo, Mato Grosso,[12] Mato Grosso do Sul, Paraíba, Paraná,[13][14] Piauí, Rondônia, Santa Catarina, São Paulo,[15][16] and Sergipe, as well as the Federal District and the city of Santa Rita do Sapucaí,[17][18] had already legalized same-sex marriages and several stable unions were converted into marriages by state judges.[19] In Rio de Janeiro, same-sex couples could also marry but only if local judges agreed with their request.[20]

On 14 May 2013, the National Justice Council legalized same-sex marriage in the entire country in a 14–1 vote, issuing a ruling ordering notaries nationwide to license and perform same-sex marriages and convert any existing stable union into a marriage if the couple so wishes.[1][2][21][22][23][24] Joaquim Barbosa, president of the Supreme Federal Court, said that notaries cannot continue to refuse to "licensing and performance of a civil marriage or the conversion of a stable union into a marriage between two people of the same sex".[3] The ruling was published on 15 May and took effect on 16 May 2013.[25][26]

  1. ^ a b "CNJ obriga cartórios a celebrar casamento entre homossexuais" (in Portuguese). Estadao.com.br. 14 May 2013. Archived from the original on 21 January 2014. Retrieved 5 April 2014.
  2. ^ a b "Brazil judicial panel clears way for gay marriage". Archived from the original on 9 June 2013.
  3. ^ a b Marilia Brocchetto (15 May 2013). "Brazilian judicial council: Notaries must recognize same-sex marriage - CNN.com". CNN. Archived from the original on 25 December 2017. Retrieved 7 May 2016.
  4. ^ "Brazil Clears Way For Gay Marriage". Archived from the original on 7 July 2018. Retrieved 7 May 2016.
  5. ^ "União civil entre pessoas do mesmo sexo (Lesbian, Gay, Bisexual and Transgender [LGBT] civil unions in Brazil)". Archived from the original on 20 April 2022.
  6. ^ Supremo Tribunal Federal. "ADI 4277".
  7. ^ ConJur (25 October 2011). "STJ reconhece casamento entre pessoas do mesmo sexo".
  8. ^ g1 (25 October 2011). "STJ autoriza casamento gay para casal de gaúchas".{{cite web}}: CS1 maint: numeric names: authors list (link)
  9. ^ Folha de São Paulo. "STJ autoriza, pela 1ª vez, casamento gay".
  10. ^ a b "Brazil's most populous state to allow same-sex marriage". Washington Blade. 21 December 2012. Archived from the original on 19 June 2018. Retrieved 16 January 2013.
  11. ^ "Bahia legaliza casamento entre pessoas do mesmo sexo (Bahia legalizes marriage between people of the same sex". A Tarde (in Portuguese). 10 October 2012. Archived from the original on 27 September 2015. Retrieved 20 January 2013.
  12. ^ Corregedoria-Geral de Justiça do Estado de Mato Grosso. "PROVIMENTO Nº 18 /2013 – CGJ/MT" (PDF).
  13. ^ Cite error: The named reference Paranalocal was invoked but never defined (see the help page).
  14. ^ Cite error: The named reference athosgls was invoked but never defined (see the help page).
  15. ^ "Brazil: Court ruling means all gay couples can legally marry in the state of São Paulo". Pink News. 21 December 2012. Archived from the original on 20 June 2018. Retrieved 20 January 2013.
  16. ^ "São Paulo court guarantees same-sex marriages". Gay Star News. 21 December 2012. Archived from the original on 19 July 2018. Retrieved 20 January 2012.
  17. ^ "G1 - Após liberação da Justiça, Santa Rita do Sapucaí tem 1º casamento gay - notícias em Sul de Minas". Sul de Minas. 28 July 2012. Archived from the original on 14 May 2014. Retrieved 7 May 2016.
  18. ^ "G1 - Casamento homossexual é liberado pela Justiça em cidade no Sul de MG - notícias em Sul de Minas". Sul de Minas. 11 July 2012. Archived from the original on 19 June 2018. Retrieved 7 May 2016.
  19. ^ John Lyons (6 May 2011). "Brazil Top Court Grants Equal Rights to Same-Sex Unions". Archived from the original on 19 June 2018. Retrieved 20 January 2012.
  20. ^ "Rio de Janeiro state legalizes gay marriage". 17 April 2013. Archived from the original on 25 June 2016. Retrieved 22 April 2013.
  21. ^ "G1 - Decisão do CNJ obriga cartórios a fazer casamento homossexual - notícias em Política". Política. 14 May 2013. Archived from the original on 19 April 2019. Retrieved 7 May 2016.
  22. ^ "Jornal do Brasil". Archived from the original on 7 July 2015. Retrieved 7 May 2016.
  23. ^ Romero, Simon (14 May 2013). "Brazilian Court Council Removes a Barrier to Same-Sex Marriage". The New York Times. Archived from the original on 16 June 2013. Retrieved 15 May 2013.
  24. ^ Teacherken (15 May 2013). "country with most Catholics effectively legalizes gay marriage". DailyKos. Archived from the original on 3 March 2016. Retrieved 15 May 2013.
  25. ^ "DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013". Archived from the original on 27 September 2013. Retrieved 15 May 2013.
  26. ^ G1, Mariana OliveiraDo; Brasília, em (15 May 2013). "Regra que obriga cartórios a fazer casamento gay vale a partir do dia 16". Política. Archived from the original on 15 June 2013. Retrieved 15 May 2013.{{cite web}}: CS1 maint: numeric names: authors list (link)