LGBT rights in Uruguay

LGBT rights in Uruguay are among the most advanced in South America. Same-sex sexual activity is legal, anti-discrimination laws are in place, and gays and lesbians are allowed to serve openly in the military. Furthermore, same-sex couples (as well as opposite sex couples) can enter into civil unions which provides most of the rights of marriage (including adoption).

Law regarding same-sex sexual activity

Same-sex sexual activity was decriminalized in 1934. Then the age of consent became equal at 15, regardless of sexual orientation and/or gender, however the corruption of persons under the age of 18 is criminalized as well, since 1994.

Recognition of same-sex relationships

Uruguay was the first Latin American country to legalize civil unions under national legislation. Under the legislation couples would have be together for at least five years and sign a registry. The couples will receive health benefits, inheritance, parenting and pension rights. The bill was passed in Congress on 30 November 2007 after having been passed in a similar form in the Senate earlier in February 2007; the bill was passed by both chambers in the same forum on 19 December and signed into law by president Tabaré Vázquez on 27 December. It came into effect since 1 January 2008. Following the approval of a bill, both same-sex and opposite-sex couples are allowed to enter into a civil union after they live together for at least five years, and will be entitled to get some of the benefits that married couples are afforded. In July 2010, lawmakers of the ruling Broad Front announced intension to legalize same sex marriage. In 2011, the Marriage Equality Bill got introduced to Congress and awaits a vote in both the House and the Senate.

Adoption and family planning

Since September 2009, same-sex couples in a civil union can jointly adopt. The law enabling this was approved by the House of Deputies on 28 August 2009 and by the Senate on 9 September 2009. Uruguay was the first country in Latin America to allow same-sex couples to adopt children.

17 out of a possible 23 senators voted in favour of the move. After the vote, Senator Margarita Percovich said: "It is a right for the boys and the girls, not a right for the adults. It streamlines the adoption process and does not discriminate". Diego Sempol, a representative of the gay rights group, Black Sheep, said: “This law is a significant step toward recognizing the rights of homosexual couples”. Nicolas Cotugno, archbishop of Montevideo had previously said it would be a "serious error to accept the adoption of children by homosexual couples", claiming it was "not about religion, philosophy or sociology. It's something which is mainly about the respect of human nature itself". He also claimed: "The Church cannot accept a family made up of two people of the same sex. These are people who unite and live their life together, but the Church does not consider that a family. A child is not something you make. I don't want to be too harsh in my comment, but with all due respect, a child is not a pet". Senator Francisco Gallinal of the National Party claimed: “The family is the bedrock of society and this measure weakens it. For us, allowing children to be adopted by same-sex couples is conditioning the child’s free will.”

Discrimination protections

Incitement to hatred on the grounds of sexual orientation and gender identity has been prohibited since 2003, and in 2004 an anti-discrimination law was passed to create an Honorary Commission to Combat Racial Discrimination, Xenophobia and other forms of Discrimination including sexual orientation and gender identity discrimination. Commission is intended to recommend laws to protect against various forms of discrimination.

Military service

Since May 2009, gays are allowed to serve openly in the military of Uruguay, after the Defence Minister signed a decree stating that military recruitment policy would no longer discriminate on the basis of sexual orientation.

Transgender issues

In October 2009, a law was passed allowing transgender people over the age of 18 to change their name and legal gender on official documents, so that it is in line with their gender identity.

Uruguay has become a trailblazer for gay rights not only amongst other Latin American countries but also when viewed in an international context. President Mujica has yet to be tested on his stance on gay rights, however his predecessor President Tabare Vazquez was known for a progressive attitude to gay rights during his five year tenure. The then president produced a sweeping tide of legislative change, making Uruguay a desirable country in which to be openly gay.

The current president’s much publicised liberal political ideology is being put to the test, as pressure increases from gay rights activists and human rights groups to legalize gay marriage, in a country where church influence on political issues has increasingly waned. Such groups encouraged by successes in neighboring Argentina want to see similar changes brought to Uruguay.

Uruguay might be lagging behind its neighbor Argentina, which introduced a right to gay marriage in July of this year, but Uruguay was actually the first Latin American country to allow same-sex civil unions on a countrywide basis. Argentina, prior to July 2010, did recognize civil unions but only in Buenos Aires and some other provinces. Argentina may have become the first Latin American country to allow gay marriage, but gay marriage was legalized in some Latin American provinces already. Mexico City in particular is a forerunner—it has allowed homosexuals to marry and adopt since March 2010.

Since January 1, 2008, unmarried couples in Uruguay, including those of the same sex who have been together for at least five years, are legally entitled to sign a registry and enter into a civil union. They then are recognized as being entitled, as part of a civil union, to receive health benefits, and inheritance, parenting, and pension rights associated with their civil partner. Other Latin American countries are set to follow suit. Chile, is considering legal changes to recognize same sex civil unions, and Brazil has attempted to legalize civil unions on a country-wide basis, but proposals to date have failed (civil unions are recognized in some Brazilian States). Although not creating the equal rights that gay marriage would bring, this changing attitude points to a willingness to take steps toward greater equality. Uruguay’s next step will likely be watched by leaders of other Latin American countries with interest.

Civil unions are not the only measures to be taken to put Uruguay to the forefront of gay rights. Uruguay has amended its laws to allow same sex couples the same rights to adopt as heterosexual couples. Since September 2009, same-sex couples in a civil union can jointly adopt. Uruguay was the first country to allow this despite staunch opposition from the Roman Catholic Church. (Those countries and provinces now legalizing gay marriage, such as Argentina, automatically give this right.)

Uruguayan legislation was also passed to allow transgender individuals to change their name on all official documents, from birth certificates to passports, to reflect the gender of their choice. The measure authorizes sex changes starting at age 18, although earlier proposals did suggest allowing these changes from the age of 12. Initial problems encountered in the passing of this law were overcome by placing emphasis on the fact that this would not legislate for gay marriage, as fears were expressed that same-sex couples would change their name and gender officially to marry. It is viewed as an important move forward for transgender individuals who encounter difficulties in living a life where previously tied to a gender with which they do not identify. Under the new law, documents reflecting the original gender and name will not be destroyed, but archived and amended.

The Uruguayan government under President Tabare Vazquez also lifted a ban on gay persons serving in the armed forces in May 2009. The ban was imposed by the 1973-85 military dictatorship. President Vazquez signed a decree stating that military recruitment policy would no longer discriminate on the basis of sexual orientation, paving the way for homosexuals to serve openly in the military. This is in line with the increasing global movement to lift such bans. Peru, Columbia, and Argentina have also removed bans in recent years, while the U.S. continues to be dogged by uncertainty as to openly gay recruits.