Venezuela does not recognize same-sex unions. In April 2016, the Supreme Tribunal of Justice announced it would hear a case seeking to declare Article 44 of the Civil Code unconstitutional for outlawing same-sex marriage. Proposals allowing for either civil unions or marriage for same-sex couples are currently being debated in Parliament.
The Constitution of Venezuela, adopted in 1999, defines marriage as a union between a man and a woman, thus constitutionally banning same-sex marriage. In February 2008, the Supreme Tribunal of Justice ruled in favor of Unión Afirmativa, a group advocating for same-sex marriage, who had asked for clarity on Article 21 and Article 77. They argued that the sentence is unclear and does not determine the possibility of recognition of economic and social rights for same-sex couples. Furthermore, they asked whether same-sex couples have the rights mentioned above and what is the scope of these rights: property in case of a dissolution of the couple by separation or death, the legal obligations of mutual assistance, the right to adoption, the benefits of social security as a couple, protection against domestic violence, the possibility of acquiring the nationality of the partner, among others. The Court ruled that the National Assembly "could" legislate in order to protect such rights for same-sex partners. The Court ruled that the Constitution does not prohibit same-sex de facto unions, but also does not require their recognition. Article 77 of the Constitution reads as follows:
Legal challenges
In January 2015, a lawsuit for the right to marry was filed before the country's Supreme Court. On 28 April 2016, the Supreme Court announced it would hear the case. The lawsuit seeks to declare Article 44 of the Civil Code unconstitutional because it states that marriage is only legally valid between a man and a woman in Venezuela. In January 2017, LGBT activists in Venezuela began collecting signatures in support of same-sex marriage in various cities throughout the country. According to reports published in February 2018, six of the seven Supreme Court judges support same-sex marriage, Judge Calixto Ortega being the exception. On 15 August 2016, a Venezuelan citizen and his American husband, Carlos J. Holder Wendell and Patrick A. Holder Wendell, filed a lawsuit in the U.S. District Court of Massachusetts against the Venezuelan Government for their failure to register and recognize their legal marriage after multiple requests and petitions to the Venezuelan Consulate in Boston and Consul General Rosalba Gil. Their lawsuit alleges that the Venezuelan Government's refusal to register and recognize their marriage violates the Venezuelan Constitution, the Civil Code and the Vienna Convention on Consular Relations, a treaty to which both the U.S. and Venezuela are a party to.
Legislative action
Civil unions
On 20 March 2009, National Assembly MP Romelia Matute announced that the Assembly would legalize same-sex unions and recognize them as asociaciones de convivencia. However, later in the same month, Marelys Pérez, chairperson of the Family, Women and Youth Commission, announced that no such action would be taking place; adding that although the Commission would debate the same-sex partnership initiative, it would be excluded from the current bill and likely wait for its inclusion into a future Civil Code reform or a future updated anti-discrimination measure. The changes to the law were postponed multiple times. In June 2016, Venezuela's opposition announced that it would work on a civil union bill. A prominent committee member said that the new law would allow couples to seek some benefits. It has been widely reported that same-sex civil unions are recognized in the state of Mérida. These reports do not cite any statutory or decisional law to support such recognition.
Marriage
On 31 January 2014, during a debate on a Civil Code reform bill, LGBT activists submitted a proposal seeking to legalize same-sex marriage. The proposal was accompanied with 21,000 signatures as well as support from the governments of the states of Barinas, Falcón, Mérida, Monagas, Táchira, Yaracuy and Zulia. The proposal seeks to alter Article 44 of the Civil Code to allow for same-sex marriages in Venezuela. In November 2017, President Nicolás Maduro said that "I think everyone should be able to get married, even if they're homosexual". In addition, he said that the Constituent Assembly would agree to discuss legalising same-sex marriage. In September 2018, Hermann Escarrá, a member of the Constituent Assembly, said that there are discussions in the drafting of the new Constitution of Venezuela to allow same-sex marriage in the country, and that the move has majority support in the Assembly. Discussion of each article of the new Constitution was expected to begin at the end of 2018 or early 2019, though this was postponed due to the presidential crisis.
Public opinion
According to a Pew Research Center survey, conducted between November 8, 2013 and February 12, 2014, 28% of Venezuelans supported same-sex marriage, 61% were opposed. According to the 2014 AmericasBarometer, 29.6% of Venezuelans were in favour of same-sex marriage. The 2017 AmericasBarometer showed that 39% of Venezuelans supported same-sex marriage.
