Status of Marriage Law

Same-sex couples in Venezuela cannot marry or pursue any other way to see their relationships recognized.

History of Pro-Marriage Efforts

The conversation around civil marriage has surged in Venezuela since at least the early 2010s. In 2014 advocates proposed legislation to establish marriage for same-sex couples.

In May 2016 the Tribunal Suprema de Justicia ruled against a line in Venezuelan law prohibiting recognition of marriages between same-sex couples. The decision did not automatically grant same-sex couples the ability to marry, instead requiring the National Assembly to act. The National Assembly could wind up granting civil union, or they could establish the civil marriage for same-sex couples. Decisions from the TSJ in Venezuela do not have the same power or enforcement mechanism as other high courts.

In December 2016 the Supreme Court in Venezuela ruled that children of same-sex couples are entitled to the same rights and protections of children of different-sex couples.

Two marriage-equality lawsuits are in their final stage in the Constitutional Chamber of the Supreme Tribunal of Justice, according to Venezuela Igualitaria. One lawsuit targets a Civil Code article that says, “Marriage cannot be contracted except between one man and one woman.” The other lawsuit alleges a “legislative omission” resulting from the National Assembly’s failure to take up the Equal Civil Marriage Bill (Proyecto de Ley de Matrimonio Civil Igualitario). 

In September 2018, the president of the National Constituent Assembly’s Constitution Committee said a new constitution being drafted likely will include marriage equality.

Status of Other LGBT-Related Laws

• Homosexuality has never been criminalized in Venezuela.
• There are not federal nondiscrimination protections that cover LGBT people in Venezuela.
• Violence is very much a serious issue in Venezuela, including violence against LGBT people.

Pending Marriage Litigation

One lawsuit related to civil marriage (now in its final stage in the Constitutional Chamber of the Supreme Tribunal of Justice) targets a Civil Code article that says, “Marriage cannot be contracted except between one man and one woman.” 

A second lawsuit seeking civil marriage (now in its final stages) alleges a “legislative omission” resulting from the National Assembly’s failure to take up the Equal Civil Marriage Bill (Proyecto de Ley de Matrimonio Civil Igualitario).