Same-sex marriage in Santa Catarina


Same-sex marriage in Santa Catarina has been legal since April 29, 2013. Santa Catarina became the tenth Brazilian state to open marriage to same-sex couples. Civil unions have also been available since 2011, following a ruling by the Supreme Federal Court.

History

On April 29, 2013, the state's General Magistrate of Justice ruled that all notaries statewide are obligated to issue marriage licences to same-sex couples. The magistrate also announced that civil unions could be converted into full marriages if the couples so choose.
In August 2013, a Florianópolis prosecutor, Henrique Limongi, received considerable media attention after publicly stating that he would refuse to issue marriage licenses to same-sex couples, in violation of state and federal law. Under Brazilian law, judges and notaries are prohibited from refusing to register and license same-sex marriages. Limongi falsely argues that same-sex marriages violate the Constitution of Brazil. From 2013 to 2018, he personally requested the annulment of 112 same-sex marriages. Lawyers representing some of the involved couples have labelled his arguments "baseless", as the Brazilian judiciary itself has held that same-sex marriage does not violate the Constitution; on the contrary, it requires its recognition. Official investigations alleging "public misconduct", "disrespect for legal hierarchy" and "placing personal beliefs above the law" were launched by the National Council of Public Prosecution of Brazil and the Brazilian Bar Association.

Marriage statistics

The following table shows the number of same-sex marriages performed in Santa Catarina, according to the Brazilian Institute of Geography and Statistics.