Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBTQ residents.
[6] Article 77 of the Constitution reads as follows:[7] Marriage between a man a woman, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected.
In 2003, an LGBT NGO called Unión Afirmativa (Affirmative Union) submitted an appeal to the Supreme Court for legal recognition of economic rights (pensions, inheritance, social security, common household, etc.)
[8] On 20 March 2009, Chamber of Deputies member Romelia Matute announced that the National Assembly would explicitly legalize same-sex unions and recognize them as asociaciones de convivencia (association by cohabitation) as part of the Gender and Equity Organic Law.
Further other initiatives concerning this subject and recognition of identity of transgender people were submitted by the civil society to the National Assembly, but no formal discussion has ever taken place.
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 lawsuit sought to declare Article 44 of the Civil Code unconstitutional because it stated that marriage was only legally valid between a man and a woman in Venezuela.
In Venezuela, few legal instruments, in some specific areas (workplace, rental housing, and banking system), protect LGBT people from discrimination.
[25] In the process leading up to the adoption of the new 1999 Venezuelan Constitution, anti-discrimination provisions were proposed; however, due to forceful opposition from the Roman Catholic Church, they were dropped from the final draft.
The Venezuelan constitutional referendum in 2007 would have outlawed discrimination based on sexual orientation but both of the two reform packages, which covered a wide range of social and economic measures, were narrowly defeated.
[27] However, there's currently no administrative procedure or mechanism to enact article °146, leaving trans people still unable to change their information on their identity card.
[28] In 2017, Venezuela's Supreme Justice Tribunal admitted a constitutional action that intends to allow changing the name and gender of a group of people.
The court found that the law was unconstitutionally vague and that banning non-reproductive sex was incompatible with the Constitution and international agreements on human rights.
In May 2016, the National Assembly unanimously approved a resolution establishing 17 May as the International Day Against Homophobia, Transphobia and Biphobia, in order to raise awareness in society and to promote the fight against discrimination, stigmatization, violence and denial of rights to individuals on the basis of their sexual orientation or their gender identity or expression.