LGBTQ rights in Chile

This article is about LGBTQ rights in Chile. For general LGBTQ topics in Chile, see LGBTQ topics in Chile.

LGBTQ rights in Chile
Chile
StatusLegal since 1999,
equal age of consent since 2022[1]
Gender identityGender change allowed since 1974. Self-determination since 2019.
MilitaryLGBT allowed to serve in the military
Discrimination protectionsSexual orientation, gender identity/expression, sex characteristics protections (see below)
Family rights
Recognition of relationshipsCivil unions since 2015[2]
Same-sex marriage since 2022
AdoptionFull adoption rights since 2022[3]

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Chile have advanced significantly in the 21st century, and are now quite progressive.[4][5]

Both male and female same-sex sexual activity are legal in Chile since 1999. Chile was one of the latest South American countries to have legalized the activity. In 2012, a law banning all discrimination and hate crimes based on sexual orientation and gender identity was approved. Since then, the Chilean Armed Forces allow gays, lesbians, bisexuals, transgender and queer people to openly serve. LGBTQ people are allowed to donate blood without restrictions since 2013.

Same-sex couples can be registered officially. In 2015, a civil union law was implemented for both heterosexual and homosexual couples, with similar but not equal legal benefits to those of a marriage.[2] After several lawsuits, including one at the Inter-American Commission on Human Rights, the Chilean government proposed a bill for marriage equality in 2017. On 9 December 2021, the law was approved and same-sex couples are able to marry and adopt since 10 March 2022.

Legal gender transition has been possible in the country through judicial processes, with the first one being registered in 1974. In 2019, a law recognizes the right to self-perceived gender identity, allowing people over 14 years to change their name and gender in documents without prohibitive requirements.[6]

Despite Chile being considered one of the most conservative countries in Latin America for decades,[7][8] currently a majority of the Chilean society supports the recognition of the rights of LGBTQ people.[9][10]

  1. ^ Cite error: The named reference Ley Tamara 2022 was invoked but never defined (see the help page).
  2. ^ a b "Chile promotes civil union law for gay couples". Yahoo News. 20 October 2015.
  3. ^ "Chile aprueba el matrimonio igualitario tras años de espera". 7 December 2021.
  4. ^ "The 203 Worst (& Safest) Countries for LGBTQ+ Travel in 2023". Asher & Lyric. 5 June 2023. Retrieved 20 August 2023.
  5. ^ Cabrera, Cristian González. "Chile Overwhelmingly Passes Marriage Equality". Human Rights Watch. Retrieved 9 February 2024.
  6. ^ Cite error: The named reference gender identity law was invoked but never defined (see the help page).
  7. ^ "In Conservative Chile, What You See Isn't What You Get". Christian Science Monitor. 29 November 1996. ISSN 0882-7729. Retrieved 9 December 2021.
  8. ^ "One of Latin America's most conservative countries to make history with new constitution". Yahoo. Retrieved 9 December 2021.
  9. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).
  10. ^ Cite error: The named reference :2 was invoked but never defined (see the help page).