Back زواج المثليين في البرازيل Arabic Stejnopohlavní manželství v Brazílii Czech Matrimonio igualitario en Brasil Spanish ازدواج همجنس در برزیل Persian Mariage homosexuel au Brésil French Perkawinan sejenis di Brasil ID Małżeństwo osób tej samej płci w Brazylii Polish Casamento entre pessoas do mesmo sexo no Brasil Portuguese Однополые браки в Бразилии Russian Hôn nhân cùng giới ở Brasil Vietnamese

Same-sex marriage in Brazil

Part of the LGBTQ 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 of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d 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 confer some limited legal benefits in China, including decisions about medical and personal care.
  9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. ^ Romania provides hospital visitation rights through a "legal representative" status.
LGBTQ portal

Same-sex marriage has been legal in Brazil since 16 May 2013, following a decision by the National Justice Council ordering notaries of every state to license and perform same-sex marriages.[1][2][3][4] Before nationwide legalisation in May 2013, the states of Alagoas,[5] Bahia,[5][6] Ceará, Espírito Santo, Mato Grosso,[7] Mato Grosso do Sul, Paraíba, Paraná,[8][9] Piauí, Rondônia, Santa Catarina, São Paulo,[10][11] and Sergipe, as well as the Federal District and the city of Santa Rita do Sapucaí,[12][13] had already legalized same-sex marriages.[14] In Rio de Janeiro, same-sex couples could also marry but only if local judges approved their request.[15]

On 14 May 2013, the National Justice Council legalized same-sex marriage nationwide, ruling 14–1 that notaries are obliged to license and perform same-sex marriages and convert any existing civil unions into marriages if the couples so wish.[1][2][16][17][18][19] President of the Supreme Federal Court Joaquim Barbosa stated that notaries could not continue to refuse to "license and perform 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.[20][21] Polling suggests that a majority of Brazilians support the legal recognition of same-sex marriage.[22][23] Brazil was the second country in South America, after Argentina, and the twelfth in the world to legalize same-sex marriage.

Same-sex unions had already been legally recognized in Brazil in the form of stable unions following a ruling by the Supreme Federal Court on 5 May 2011. These unions are granted most of the rights of marriage. The ruling was published on 12 May and took effect on 13 May 2011.[24][25]

  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 Brocchetto, Marilia (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. ^ 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.
  6. ^ "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.
  7. ^ "PROVIMENTO Nº 18 /2013 – CGJ/MT" (PDF). Corregedoria-Geral de Justiça do Estado de Mato Grosso.
  8. ^ Cite error: The named reference Paranalocal was invoked but never defined (see the help page).
  9. ^ Cite error: The named reference athosgls was invoked but never defined (see the help page).
  10. ^ "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.
  11. ^ "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.
  12. ^ "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.
  13. ^ "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.
  14. ^ Lyons, John (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.
  15. ^ "Rio de Janeiro state legalizes gay marriage". 17 April 2013. Archived from the original on 25 June 2016. Retrieved 22 April 2013.
  16. ^ "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.
  17. ^ "Jornal do Brasil". Archived from the original on 7 July 2015. Retrieved 7 May 2016.
  18. ^ 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.
  19. ^ "country with most Catholics effectively legalizes gay marriage". DailyKos. 15 May 2013. Archived from the original on 3 March 2016. Retrieved 15 May 2013.
  20. ^ "DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013". Archived from the original on 27 September 2013. Retrieved 15 May 2013.
  21. ^ Oliveira, Mariana (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.
  22. ^ Cite error: The named reference poll1 was invoked but never defined (see the help page).
  23. ^ Cite error: The named reference poll2 was invoked but never defined (see the help page).
  24. ^ "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.
  25. ^ "ADI 4277". Supremo Tribunal Federal.

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