Same-Sex Couples Before Courts in Mexico, Central and South America

Abstract

Latin American Countries have been historically influenced by Catholic European Countries, such as Spain and Portugal. This influence has resulted in a deeply-rooted traditional culture that has shaped most civil institutions, including marriage and civil unions, and the way they are perceived. As a result, relationships between people of the same sex have usually been prohibited and, at times, criminalized. A process of change, however, has been at work in some parts of Latin America since 2001, and national courts (especially supreme or constitutional courts) have played a major role in the legal, social and constitutional recognition of the rights of same-sex couples. This chapter aims to examine how the main jurisdictions in Mexico, Central and South America have been influenced by this unprecedented trend, which has been accompanied by the legal recognition of other important social rights, such as pension, social security, health care, inheritance and property rights. In Latin America, homosexuals are gradually being granted rights equal to those enjoyed by heterosexuals, and this change is in line with the universal recognition of human rights for all, regardless of sexual orientation or any other social and personal circumstances.