Same-sex marriage in Chile

[1][2] The path to legalization began in June 2021 when President Sebastián Piñera announced his administration's intention to sponsor a bill for this cause.

Due to disagreements between the two chambers of the National Congress on certain aspects of the bill, a mixed commission was formed to resolve these issues.

In the January 2006 presidential campaign, both major candidates, center-left Michelle Bachelet and center-right Sebastián Piñera, voiced their support for civil unions, but the Catholic Church and many members of the National Congress were opposed.

[11] During his run-up to the presidency in 2009, Piñera vowed to end discrimination based on sexual orientation and included a same-sex couple in one of his televised campaign ads.

[12] In June 2010, Senator Andrés Allamand (National Renewal) submitted a bill to Congress to permit a "Common Life Agreement" (Spanish: Acuerdo de Vida en Común), which would have been open to both different-sex and same-sex couples.

In May 2011, President Piñera said he was in favor of an upcoming bill to legalize a form of civil union; his stated intent was to "protect and safeguard [...] the dignity of those couples, whether of the opposite or even the same sex".

[15] Piñera introduced a bill to Congress in August 2011 allowing registered cohabitation, known as Acuerdo de Vida en Pareja ("Life Partnership Agreement").

This would give unmarried partners many of the rights granted only to married couples, such as inheritance and certain social welfare and health care benefits.

[17] On 10 April 2013, the civil union bill was approved by the Senate's Constitution, Law and Justice Committee on a 4–1 vote.

When Michelle Bachelet again took office as president in March 2014, she made passing Piñera's civil union bill a priority.

All disputes and conflicts involving civil partners are dealt with by the family courts (tribunales de familia).

[40] The first same-sex civil union on Easter Island was performed for Petero Avaka Tukuone and Aru Pate Hotus, a Mapuche-Rapa Nui couple, in November 2015.

[41] On 1 December 2016, the Chamber of Deputies unanimously passed a bill (with six abstentions) granting civil partners five days' marriage leave, similarly to newly married couples.

[57] After Bachelet's inauguration in March 2014, MOVILH announced that they would seek an amicable solution to the lawsuit presented to the Inter-American Court of Human Rights in 2012.

On 10 December 2014, a group of senators from various parties presented a bill legalizing same-sex marriage and adoption to the National Congress of Chile, with the support of MOVILH.

[60][61] President Bachelet stated before a United Nations General Assembly panel in September 2016 that the Chilean Government would submit a same-sex marriage bill to Congress "in the first half of 2017.

[64] The bill was introduced to Congress on 28 August 2017,[65][66] before being submitted to the Senate on 5 September and referred to the Constitution, Legislation, Justice and Regulation Committee.

According to newspaper La Tercera, a majority of the newly elected Chamber of Deputies and Senate was in favor of same-sex marriage.

[74] Though personally opposed to same-sex marriage at the time, Piñera said he would respect the April 2015 agreement with the Inter-American Commission of Human Rights, saying that "Chile's international commitments will be fulfilled".

[78][79] On 17 May 2018, the International Day Against Homophobia, Transphobia and Biphobia, Piñera signed the agreement and pledged to continue the work of the previous administration in legalizing same-sex marriage.

[83][84] In July 2019, upon assuming his role as chairman of the Constitution Committee, Senator Felipe Harboe began fast-tracking the procedure of the same-sex marriage bill, as opposition parties announced their intention to push for debate in Congress before going into recess in February 2020.

[87] On 1 June 2021, during his last annual address to the National Congress, Piñera announced that his government would support the bill and place urgency on bringing it forward to a vote.

[98][99] Article 102 of the Civil Code was amended to read: Marriage is a solemn, indissoluble contract by which two persons are united for life, in order to live together, to procreate, and to help each other.

[113] The church defines marriage as "a union of two people in love based on mutual trust and fidelity" without making distinction as to the sex of the contracting parties.

[114] The Lutheran Church in Chile similarly defines marriages as "a union of two people in love" and offers blessings to couples.

The couple, Viviana Burgos Valenzuela and Rosa Salamanca Conalef, had held a civil marriage two days earlier in the town of Villa Almagro in Nueva Imperial.

[124] A Pew Research Center survey conducted the following year showed that 46% of Chileans supported same-sex marriage, while 42% were opposed.

[130] A 2016 International Civic and Citizenship Education Study poll, published in April 2018, found that 79% of Chilean eighth graders (13–14-year-olds) supported same-sex marriage.

The study also included four other Latin American countries, of which Chile had the highest level of support: Mexico was at 78%, Colombia at 63%, Peru at 48%, and the Dominican Republic at 38%.

[133] A poll carried out by Cadem Plaza Pública in April 2018 put support for same-sex marriage at 64% and opposition at 34%, while 2% were unsure or had refused to answer.

LGBT activists in Valdivia , with a banner reading "We are families too", 2011
President Michelle Bachelet promulgating the civil union law, 13 April 2015
Recognition of same-sex unions in South America
Marriage
Other type of partnership
Country subject to IACHR advisory opinion
Unrecognized
Constitution limits marriage to opposite-sex couples
Same-sex sexual activity illegal, though penalties not enforced

President Michelle Bachelet introducing the same-sex marriage bill to Congress, 28 August 2017
President Sebastian Piñera signing the same-sex marriage bill into law on 9 December 2021, making Chile the sixth country in South America to legalize same-sex marriage