Recognition of same-sex unions in Venezuela

In January 2015, a lawsuit seeking to legalise same-sex marriage in Venezuela was filed with the Supreme Tribunal, which announced in April 2016 that it would hear the case,[3] though no decision has yet been issued.

[9] In February 2008, the Supreme Tribunal of Justice ruled in favor of Unión Afirmativa ("Affirmative Union"), a group advocating for same-sex marriage, who had requested clarification on the wording.

[11] Article 77 of the Constitution states that:[12][13][14] Marriage between a man a woman, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected.

Their lawsuit alleged that the government's refusal to recognize their marriage violated the Venezuelan Constitution, the Civil Code and the Vienna Convention on Consular Relations, a treaty to which both the United States and Venezuela are parties.

Judge Indira Talwani dismissed the case in May 2017, holding that U.S. courts lack standing to rule on the policies and law of foreign states.

(...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry.

[29] On 20 March 2009, Deputy Romelia Matute from the ruling United Socialist Party of Venezuela introduced an amendment to a bill on gender equality to legalize same-sex asociaciones de convivencia ("association by cohabitation").

[30] However, later that same month, Marelys Pérez, the chair of the Family, Women and Youth Commission, denied that such language was being considered as part of the gender equality bill.

She added that although the Commission would debate the same-sex partnership initiative, it would be excluded from the current bill and likely wait for inclusion in a future civil code reform or update to anti-discrimination measures.

The proposal was opposed by religious groups, including the Episcopal Conference of Venezuela, which said that "God created marriage as between a man and a woman", while also stating that churches "should defend and promote the dignity of every human being".

[38] On 24 February 2022, Vanessa Robertazzo, a deputy of the opposition Cambiemos Movimiento Ciudadano party, introduced a same-sex marriage bill to the National Assembly.

[39] The indigenous Warao people, who inhabit the Orinoco Delta region, recognize two-spirit individuals, known as tida wena, who are born male but adopt women's roles in the community, including tending to the home, cooking and caring for children and elders.