Current Version
| Region | Bolivia |
| Issue | Same-sex marriage |
| Status | Civil unions (marriage rights) |
| Start Date | Dec 12, 2020 |
| End Date | (none) |
| Description | In July 2020, the first "free union" of a same-sex couple was registered thanks to constitutional resolution 127/2019 issued by the Second Constitutional Chamber of La Paz in which Advisory Opinion OC-24/2017 of the Inter-American Court of Human Rights was applied, via conventionality control. The decision was reviewed by the Plurinational Constitutional Court, which confirmed the revised resolution by issuing the Plurinational Constitutional Sentence SCP0577/2022-S227 of June 2022 and notified in March 2023, which currently allows the registration of free unions between same-sex couples. In July 2023, through Resolution TSE-RSP-ADM No. 0175/2023, the Supreme Electoral Tribunal modified the Regulations on Free Unions so that same-sex couples can legalize their union under the same conditions as heterosexual couples. Free union is a legal institution provided for in Bolivian legislation that recognizes couples who share a common life project based on living together in conditions of stability and uniqueness, and which produce the same effects as civil marriage. |
| Sources | https://www.oep.org.bo/institucional-institucional/el-tse-modifica-reglamento-de-uniones-libres-para-que-parejas-del-mismo-sexo-legalicen-su-union/#:~:text=La%20Sala%20Plena%20del%20Tribunal,de%20sus%20derechos%20y%20obligaciones. https://comunidad.org.bo/assets/archivos/publicacion/9c6a1d8fee61d12cbde29bd0d57f7fa1.pdf https://www.reuters.com/article/bolivia-lgbt-civil-union-idUSKBN28M0HZ |
Revision History (5)
| Old Value | New Value (Current) | |
|---|---|---|
| Description | Since 2020, legal cases have set precedent for civil unions in Bolivia after a gay couple has achieved a legally recognized civil union. Only one civil union has been recognized ever since. The couple, together for more than 11 years, took their case to court. While the Bolivian Constitution still does not contemplate same sex unions, the couple argued successfully the prohibition violated international human rights standards and constituted discrimination under Bolivian law. | In July 2020, the first "free union" of a same-sex couple was registered thanks to constitutional resolution 127/2019 issued by the Second Constitutional Chamber of La Paz in which Advisory Opinion OC-24/2017 of the Inter-American Court of Human Rights was applied, via conventionality control. The decision was reviewed by the Plurinational Constitutional Court, which confirmed the revised resolution by issuing the Plurinational Constitutional Sentence SCP0577/2022-S227 of June 2022 and notified in March 2023, which currently allows the registration of free unions between same-sex couples. In July 2023, through Resolution TSE-RSP-ADM No. 0175/2023, the Supreme Electoral Tribunal modified the Regulations on Free Unions so that same-sex couples can legalize their union under the same conditions as heterosexual couples. Free union is a legal institution provided for in Bolivian legislation that recognizes couples who share a common life project based on living together in conditions of stability and uniqueness, and which produce the same effects as civil marriage. |
Show Difference | ||
| Sources | https://www.reuters.com/article/bolivia-lgbt-civil-union-idUSKBN28M0HZ | https://www.oep.org.bo/institucional-institucional/el-tse-modifica-reglamento-de-uniones-libres-para-que-parejas-del-mismo-sexo-legalicen-su-union/#:~:text=La%20Sala%20Plena%20del%20Tribunal,de%20sus%20derechos%20y%20obligaciones. https://comunidad.org.bo/assets/archivos/publicacion/9c6a1d8fee61d12cbde29bd0d57f7fa1.pdf https://www.reuters.com/article/bolivia-lgbt-civil-union-idUSKBN28M0HZ |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | Other type of partnership | Civil unions (marriage rights) |
Reports (1)
- Newer law has been passed "Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Court. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) was obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023.
On 21 July 2023, the Supreme Electoral Tribunal announced that same-sex free unions could now be performed in the same conditions as opposite-sex ones. The head of the Civic Registry Service (SERECI) stated that the regulations related to free unions had been modified so that same-sex unions can be registered with the same requirements and timings that had already been available for heterosexual couples.
"
| Old Value | New Value | |
|---|---|---|
| Value | Civil unions (marriage rights) | Other type of partnership |
| Description | Since 2020, legal cases have set precedent for civil unions in Bolivia after a gay couple has achieved a legally recognized civil union. The couple, together for more than 11 years, took their case to court. While the Bolivian Constitution still does not contemplate same sex unions, the couple argued successfully the prohibition violated international human rights standards and constituted discrimination under Bolivian law. | Since 2020, legal cases have set precedent for civil unions in Bolivia after a gay couple has achieved a legally recognized civil union. Only one civil union has been recognized ever since. The couple, together for more than 11 years, took their case to court. While the Bolivian Constitution still does not contemplate same sex unions, the couple argued successfully the prohibition violated international human rights standards and constituted discrimination under Bolivian law. |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Unrecognized | Civil unions (marriage rights) |
| Start Date | Jan 25, 2009 | Dec 12, 2020 |
| Description | Since 2020, legal cases have set precedent for civil unions in Bolivia after a gay couple has achieved a legally recognized civil union. The couple, together for more than 11 years, took their case to court. While the Bolivian Constitution still does not contemplate same sex unions, the couple argued successfully the prohibition violated international human rights standards and constituted discrimination under Bolivian law. | |
| Sources | http://www.presidencia.gob.bo/documentos/publicaciones/constitucion.pdf | https://www.reuters.com/article/bolivia-lgbt-civil-union-idUSKBN28M0HZ |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Unrecognized |
| Start Date | Jan 25, 2009 |
| End Date | (none) |
| Description | (empty) |
| Sources | http://www.presidencia.gob.bo/documentos/publicaciones/constitucion.pdf |
Reports (3)
- Newer law has been passed
- Other "A gay couple cannot marry in Bolivia, but civil unions are legal, although there have been only a few"
- Status is not correct