Recognition of same-sex unions in Paraguay

In July 2010, following the legalisation of same-sex marriage in Argentina, the LGBT organization SOMOSGAY announced its intention to advocate for the passage of a same-sex marriage bill in the Congress of Paraguay. Article 140 of the Paraguayan Civil Code expressly prohibits marriage between persons of the same sex.[3]

On 23 March 2012, LGBT activists Simón Cazal and Sergio López were married in Argentina.[4] The following year, they attempted to register their marriage in Paraguay. Their request was rejected, and they filed a legal challenge to have the marriage recognized. However, the lawsuit was dismissed on 4 April 2013 by a judge, who ruled that the Paraguayan Constitution did not recognize same-sex marriages.[5]

In May 2017, presidential candidate Santiago Peña of the ruling Colorado Party announced his support for same-sex marriage.[6][7] He was quickly criticised by many deputies as well as President Horacio Cartes, who months prior had unsuccessfully tried to amend the Constitution to allow him to be re-elected, a move considered anti-democratic by opposition parties.[8] In 2013, Cartes was quoted as saying that he would "shoot a bullet into his testicles were his son to express interest in marrying another man."[9][10] While running for president in the April 2023 election, Peña ran on a campaign opposed to same-sex marriage.[11] His principal opponent, Efraín Alegre, also expressed opposition to same-sex marriage.[12]

In March 2019, with 24 votes in favor, the Senate of Paraguay approved a draft declaration declaring itself "pro-life and pro-family", expressing opposition to same-sex marriage and abortion. The move was criticised by many lawmakers who maintained that the state is secular and cannot impose moral principles or values linked to a religion.[13]

Since 1992, the Constitution of Paraguay has limited marriage, de facto unions and the family to "one man and one woman".[2] Article 51(1), entitled "Legal Marriages and the Effects of De Facto Unions", states:

• in Spanish: La ley establecerá las formalidades para la celebración del matrimonio entre el hombre y la mujer, los requisitos para contraerlo, las causas de separación, de disolución y sus efectos, así como el régimen de administración de bienes y otros derechos y obligaciones entre cónyuges.
• in Guarani: Léipe oĩva'erã mba'éichapa ojejapóta omenda hag̃ua kuimba'e kuña ndive, mba'épa oñekotevẽta upevarã, mba'éichapa ikatu ojueja jey hikuái, ha oparei jeýrõpa mba'e hapykuere; oĩva'erã avei léipe mba'éichapa ojeporúta mba'e oguerekóva hikuái; he'íva'erã avei mba'e mba'épa hembiaporã katu ha hembiaporã tee mokõivéva.
• (The law will establish the formalities to be observed for the marriage between a man and a woman, the requirements for contracting it, and the causes for separation or dissolution and its effects, as well as property management provisions and other rights and obligations between spouses.)

Article 52, entitled "Union in Marriage", states:

• in Spanish: La unión en matrimonio del hombre y la mujer es uno de los componentes fundamentales en la formación de la familia.
• in Guarani: Kuimba'e ha kuña joaju, menda rupigua, ha'e ñemoñanga yta tee peteĩva ha tenondetegua.
• (The union in marriage by a man and woman is one of the fundamental factors in the formation of a family.)

On 9 January 2018, in advisory opinion OC 24/7, the Inter-American Court of Human Rights (IACHR) ruled that countries signatory to the American Convention on Human Rights are required to allow same-sex couples to marry.[14][15] The ruling states that:[16][17]

The State must recognize and guarantee all rights derived from a family bond between persons of the same sex in accordance with the provisions of Articles 11.2 and 17.1 of the American Convention. (...) 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. (..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.

Paraguay ratified the American Convention on Human Rights on 24 August 1989 and recognized the court's jurisdiction on 11 March 1993.[18]

On 12 January 2018, SOMOSGAY announced its intention to file a petition with the Supreme Court of Justice to legalize same-sex marriage in Paraguay,[19] citing the IACHR ruling that signatories to the American Convention on Human Rights are required to allow same-sex couples to marry.[20][21]

Government officials reacted negatively to the IACHR ruling. In March 2018, Mario Abdo Benítez said he would veto any same-sex marriage bill that passes Congress if elected president in the April 2018 election, which he was.[22] Some opponents of the IACHR ruling have also falsely claimed that it does not apply to Paraguay.[23][24]