LGBT rights in the Americas
Status of same-sex marriage and other types of same-sex partnerships in the Americas.   Same-sex marriage1   Other type of registered partnership1   Limited domestic recognition1   Foreign marriages recognized for residency only   Unrecognized   Constitution restricts marriage to opposite-sex couples   Unenforced ban on same-sex sexual activity 1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.
Status	Legal in 30 out of 35 states; equal age of consent in 26 out of 35 states Legal in all 21 territories; equal age of consent in 16 out of 21 territories
Gender identity	Legal in 13 out of 35 states Legal in 8 out of 21 territories
Military	Allowed to serve openly in 14 out of 29 states that have an army Allowed in all 21 territories
Discrimination protections	Protected in 22 out of 35 states Protected in 14 out of 21 territories
Family rights
Recognition of relationships	Recognized in 11 out of 35 states Recognized in 18 out of 21 territories
Restrictions	Same-sex marriage constitutionally banned in 7 out of 35 states
Adoption	Legal in 7 out of 35 states Legal in 13 out of 21 territories

Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBT persons varies widely.

Same-sex marriages are currently legal in Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Ecuador, Mexico, United States and Uruguay. Free unions that are equivalent to marriage have begun to be recognized in Bolivia. Among non-independent states, same-sex marriage is also legal in Greenland, the British Overseas Territories of the Falkland Islands and South Georgia and the South Sandwich Islands, all French territories (Guadeloupe, Martinique, Saint Barthélemy, French Guiana, Saint Martin, and Saint Pierre and Miquelon), and in the Caribbean Netherlands, while marriages performed in the Netherlands are recognised in Aruba, Curaçao and Sint Maarten. More than 800 million people live in nations or sub-national entities in the Americas where same-sex marriages are available.

In January 2018, the Inter-American Court of Human Rights ruled that the American Convention on Human Rights recognizes same-sex marriage as a human right.^[1] This has theoretically made the legalisation of such unions "mandatory" in Barbados, Bolivia, Chile, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Suriname. The Supreme Courts of Honduras,^[2] Panama,^[3] Peru^[4] and Suriname^[5] have rejected the IACHR ruling, while the Supreme Courts of Costa Rica and Ecuador adhered to it. Argentina, Brazil, Colombia, and Uruguay are also under the court's jurisdiction, but already had same-sex marriage before the ruling was handed down.

However, five other nations still have unenforced criminal penalties for "buggery" on their statute books.^[6] These are Grenada, Guyana, Jamaica, Saint Lucia, and Saint Vincent and the Grenadines, of which Guyana is on mainland South America, while the rest are Caribbean islands. They are all former parts of the British West Indies. In addition, in Anguilla, the Bahamas, the Cayman Islands, Paraguay, Montserrat, Suriname and the Turks and Caicos Islands, the age of consent is higher for same-sex sexual relations than for opposite-sex ones, and in Bermuda, the age of consent for anal sex is higher than that for other types of sexual activities.

Religion and LGBT acceptance

The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe. In particular, the Roman Catholic Church and the Protestants, both of which oppose legal recognition of homosexual relationships. These were followed by the Eastern Orthodox church,^[7] the Methodist Church,^[8][9] and some other Mainline (Protestant) denominations, such as the Reformed Church in America^[10] and the American Baptist Church,^[11] as well as conservative evangelical organizations and churches, such as the Evangelical Alliance and the Southern Baptist Convention.^[12][13][14] Pentecostal churches, such as the Assemblies of God,^[15] as well as restorationist churches (like Jehovah's Witnesses and Mormons), also take the position that homosexual sexual activity is ‘sinful’.^[16][17]

However, other denominations have become more accepting of LGBT people in recent decades, including the Episcopalian church in the United States, the Evangelical Lutheran Church (also in America), the Evangelical Lutheran Church of Canada, the Anglican Church of Canada, the United Church of Canada, the United Church of Christ, the Unitarian Universalist Association, and the Society of Friends (Quakers), as well as some congregations of the Presbyterian Church in America. Most of these denominations now perform same-sex weddings or blessings. Furthermore, many churches in the United Methodist Church (in the US) are choosing to officiate and bless same-sex marriage despite denomination-wide restrictions.^[18] In addition, in the United States, conservative Judaism, reform Judaism, and reconstructionist Judaism now welcome LGBT worshippers and perform same-sex weddings.

Opinion polls for same-sex adoption in Americas

Country	Pollster	Year	For	Against	Don't Know/Neutral/No answer/Other
Argentina	Ipsos	2023	71%[19]	24%	6%
Brazil	Ipsos	2023	69%[19]	22%	9%
Canada	Ipsos	2023	74%[19]	17%	9%
Chile	CADEM	2022	70%[20]	28%	2%
Colombia	Ipsos	2023	53%[19]	40%	7%
Mexico	Ipsos	2023	60%[19]	34%	6%
Peru	Ipsos	2023	51%[19]	42%	7%
United States	Ipsos	2023	64%[19]	26%	10%
Uruguay	Equipos Consultores	2013	52%[21]	39%	9%
Venezuela	Equilibrium Cende	2023	48%[22] (55%)	39% (45%)	13%

Legislation by country or territory

North America

LGBT rights in:	Same-sex sexual activity	Recognition of same-sex unions	Same-sex marriage	Adoption by same-sex couples	LGB people allowed to serve openly in military	Anti-discrimination laws concerning sexual orientation	Laws concerning gender identity/expression	Lack of a Presence of Anti-LGBT laws
Bermuda (Overseas Territory of the United Kingdom)	Legal since 1994; equal age of consent since 2019 + UN decl. sign.[6]	Domestic partnerships since 2018[23]	Was legal between November 2018 and March 2022 and between May 2017 and June 2018	Legal since 2015[24]	UK responsible for defence	Bans all anti-gay discrimination[25]
Canada	Legal since 1969; equal age of consent since 1987 + UN decl. sign.[6][26]	Domestic partnerships in Nova Scotia (2001);[27] Civil unions in Quebec (2002);[28] Adult interdependent relationships in Alberta (2003);[29] Common-law relationships in Manitoba (2004)[30]	Legal in some provinces and territories since 2003, nationwide since 2005[31]	Legal in some provinces and territories since 1996, nationwide since 2011[32]	Since 1992[33]; Includes transgender people[34]	Bans all anti-gay discrimination. Ban on conversion therapy since 2022 nationwide	Transgender people can change their gender and name without completion of medical intervention and human rights protections explicitly include gender identity or expression within all of Canada since 2017[35][36][37][38]	[39][40]
Greenland (Autonomous Territory within the Kingdom of Denmark)	Legal since 1933; equal age of consent since 1977 + UN decl. sign.[6]	Registered partnerships between 1996 and 2016 (Existing partnerships are still recognised.)[41]	Legal since 2016	Stepchild adoption since 2009;[42] joint adoption since 2016[43]	The Kingdom of Denmark responsible for defence	Bans some anti-gay discrimination[6]	Legal gender change and recognition possible without surgery or hormone therapy[44][45]
Mexico	Legal since 1871 + UN decl. sign.[6]	/ Civil unions in Mexico City (2007), Coahuila (2007),[46] Colima (between 2013 and 2016),[47] Campeche (2013),[48] Jalisco (between 2014 and 2018),[49] Michoacán (2015), Tlaxcala (2017), and Veracruz (2020)	Starting in 2010; nationwide since 2022	/ Legal in Mexico City (2010),[50] Coahuila (2014), Chihuahua (2015), Jalisco (2016), Michoacán (2016), Colima (2016), Morelos (2016), Campeche (2016), Veracruz (2016), Baja California (2017), Querétaro (2017), Chiapas (2017), Puebla (2017), Aguascalientes (2018), San Luis Potosi (2019), Hidalgo (2019), Yucatán (2021), Nayarit (2022), Quintana Roo (2022), Baja California Sur (2022), Tabasco (2024), Durango, Tamaulipas, and Nuevo León (the latter three never had adoption bans)[51][52]	(ambiguous)	Bans all anti-gay discrimination[53] Pathologization or attempted treatment of sexual orientation by mental health professionals illegal in Mexico City (2020), México (2020), Baja California Sur (2020), Colima (2021), Tlaxcala (2021), Oaxaca (2021), Yucatán (2021), Zacatecas (2021), Baja California (2022), Hidalgo (2022), Jalisco (2022), Puebla (2022), Sonora (2022), Nuevo León (2022), Querétaro (2023), Sinaloa (2023), Quintana Roo (2023), and Morelos (2023)	/ Transgender persons can change their legal gender and name in Mexico City (2008),[54] Michoacán (2017), Nayarit (2017), Coahuila (2018), Hidalgo (2019), San Luis Potosí (2019), Colima (2019), Baja California (2019), Oaxaca (2019), Tlaxcala (2019), Chihuahua (2019), Sonora (2020), Jalisco (2020), Quintana Roo (2020), Puebla (2021), Baja California Sur (2021), México (2021), Morelos (2021), Sinaloa (2022), Zacatecas (2022), Durango (2023), and Yucatán (2024) [55]
Saint Pierre and Miquelon (Overseas collectivity of France)	Legal since 1791 + UN decl. sign.[6]	Civil solidarity pact since 1999[56]	Legal since 2013[57]	Legal since 2013[58]		Bans all anti-gay discrimination[59]	Under French law[60]
United States	Legal in some states since 1962, nationwide since 2003 + UN decl. sign.[6]	Domestic partnerships in California (1999), the District of Columbia (2002), Maine (2004), Washington (2007), Maryland (2008), Oregon (2008), Nevada (2009) and Wisconsin (2009). Civil unions in Vermont (2000), Connecticut (2005), New Jersey (2007), New Hampshire (2008), Illinois (2011), Rhode Island (2011), Delaware (2012), Hawaii (2012) and Colorado (2013).	Legal in some states since 2004, nationwide since 2015	Legal in some states since 1993, nationwide since 2016	/ Lesbians, gays, and bisexuals have been allowed to serve openly in the U.S. military since 2011, following the repeal of the Don't Ask, Don't Tell policy. Transgender people have been allowed to serve openly since 2021.[61] "Transvestites" are currently banned from the military since 2012.[62] Most openly Intersex people may be banned from the military under the Armed Forces ban of "hermaphrodites".[62]	/ Employment discrimination on the basis of sexual orientation is prohibited nationwide since 2020. More extensive protections exist in 23 states, DC, and some municipalities. Conversion therapy for minors is banned in 22 states, DC, and some municipalities. Sexual orientation is covered by the federal hate crime law since 2009.	/ Since April 11, 2022 by legal self determination - gender X became available and recognized formally on US passports.[63] Gender change is legal on birth certificates (under varying conditions by state), in 48 states + DC. Nonbinary gender markers are available, under varying circumstances, in 25 states + DC. Employment discrimination on the basis of gender identity is prohibited nationwide since 2020. More extensive protections exist in 22 states, DC, and some municipalities. Gender identity is covered by the federal hate crime law since 2009.	Federally / Status varies state to state

Central America

LGBT rights in:	Same-sex sexual activity	Recognition of same-sex unions	Same-sex marriage	Adoption by same-sex couples	LGB people allowed to serve openly in military	Anti-discrimination laws concerning sexual orientation	Laws concerning gender identity/expression	Lack of a Presence of Anti-LGBT laws
Belize	Legal since 2016[64]					Bans all anti-gay discrimination[65][66][67]	[68]
Costa Rica	Legal since 1971 + UN decl. sign.[6]	Unregistered cohabitation since 2014[69][70]	Legal since May 2020	Legal since May 2020[71]	Has no military	Bans all anti-gay discrimination[6]	/ Transgender persons can change their legal name without surgeries or judicial permission since 2018. Legal gender cannot be changed. Sex indicator removed from all ID cards issued since May 2018[72][73][74] One-time sex change allowed for passports. [75]	[39][40]
El Salvador	Legal since 1822 + UN decl. sign.[6]				[76][77]	Bans all anti-gay discrimination[76]	[78] Bans discrimination based on gender identity.
Guatemala	Legal since 1871 + UN decl. sign.[6]	Pending				Bans some anti-gay discrimination	[79]
Honduras	Legal since 1899 + UN decl. sign.[6]	Constitutional ban on de facto unions since 2005	Constitutional ban since 2005;[80][81] court decision pending	Constitutional ban since 2005		Bans all anti-gay discrimination[82]
Nicaragua	Legal since 2008 + UN decl. sign.[6]					Bans some anti-gay discrimination[6]
Panama	Legal since 2008 + UN decl. sign.[6]	Court decision pending	Court decision pending	Court decision pending	Has no military	Bans some anti-gay discrimination[83][84]	Transgender persons can change their legal gender and name after completion of medical intervention since 2006[85][86]	/

Caribbean

Zdroj:https://en.wikipedia.org?pojem=LGBT_rights_in_the_Americas
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LGBT rights in:	Same-sex sexual activity	Recognition of same-sex unions	Same-sex marriage	Adoption by same-sex couples	LGB people allowed to serve openly in military	Anti-discrimination laws concerning sexual orientation	Laws concerning gender identity/expression	Lack of a Presence of Anti-LGBT laws
Anguilla (Overseas Territory of the United Kingdom)	Legal since 2001 Age of consent discrepancy + UN decl. sign.[6]				UK responsible for defence
Antigua and Barbuda	Legal since 2022
Aruba (Constituent country of the Kingdom of the Netherlands)	Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[6]	Registered partnerships since 2021[87]	/ Same-sex marriages performed in the Netherlands recognized[88]		The Netherlands responsible for defence	Bans all anti-gay discrimination[89]
Bahamas	Legal since 1991; Age of consent discrepancy + UN decl. sign.[6]				[6]
Barbados	Legal since 2022.	/ Foreign Domestic Partnerships recognized for immigration purposes "Welcome Stamp"[90] Civil Unions proposed.[91]				Bans some anti-gay discrimination[92]
Bonaire (a special municipality of the Netherlands)	Legal (No laws against same-sex sexual activity have ever existed in the municipalities) + UN decl. sign.[6]	Registered partnerships since 2012[93]	Legal since 2012[94]	[95]	The Netherlands responsible for defence	Bans all anti-gay discrimination[96]
British Virgin Islands (Overseas Territory of the United Kingdom)	Legal since 2001 + UN decl. sign.[6]				UK responsible for defence	Bans all anti-gay discrimination[97]
Cayman Islands (Overseas Territory of the United Kingdom)	Legal since 2001; Age of consent discrepancy[6] + UN decl. sign.	Civil partnerships since 2020[98]		Legal since 2020	UK responsible for defence
Cuba	Legal since 1979 + UN decl. sign.[6]	Legal since 2022	Legal since 2022	Legal since 2022	[6][99]	Bans all anti-gay discrimination [100][101][102]	Transgender people allowed to change gender after sex change operations[103]	[39][40]
Curaçao (Constituent country of the Kingdom of the Netherlands)	Legal (No laws against same-sex sexual activity have ever existed in the country) + UN decl. sign.[6]		(Pending court ruling)/ Mariages performed in Netherlands recognized		The Netherlands responsible for defence	Bans all anti-gay discrimination[104]
Dominica	Legal since 2024[105] + UN decl. sign.[6]
Dominican Republic	Legal since 1822 + UN decl. sign.[6]		Constitutional ban since 2010[citation needed]		[106]
Grenada	Male illegal Penalty: 10-year prison sentence (not enforced). [107] Legalization proposed[108] Female always legal[6]				Has no military
Guadeloupe (Overseas department of France)	Legal since 1791 + UN decl. sign.[6]	Civil solidarity pact since 1999[56]	Legal since 2013[57]	Legal since 2013[58]	France responsible for defence	Bans all anti-gay discrimination[59]	Under French law[60]