Bolivia registers first same-sex marriage in landmark legal victory

Bolivia has registered its first same-sex civil marriage, a development that many LGBTQ+ advocates view as a decisive step towards full marriage equality in the country.

After a legal struggle lasting nearly four years, partners Fabiana Banzer and Scarlett “Scar” Rocha secured the right to marry, becoming the first same-sex couple to obtain a civil marriage certificate in Bolivia. Their union was formalized despite Article 63 of the Bolivian Constitution, which restricts marriage to heterosexual couples, LGBTQ+ Nation reports.

Banzer and Rocha submitted their application for a civil marriage certificate on October 12, 2022, supported by the LGBTQ+ rights organization IGUAL Bolivia. The group based its legal strategy in part on a 2018 advisory opinion from the Inter-American Court of Human Rights, which calls on states that have ratified the 1969 American Convention on Human Rights to provide same-sex couples equal access to existing civil marriage frameworks and the full range of marital rights.

The couple’s case generated an extended judicial process that led courts to issue two constitutional injunctions, a remedy used to protect citizens from violations of fundamental rights. These rulings cleared the way for the registration of Banzer and Rocha’s marriage, although the decision currently applies only to their case and has not yet produced legislative or constitutional reform.

LGBTQ+ advocates in Bolivia and across the region regard this successful legal action as an important precedent for future claims and a possible accelerator for broader marriage equality.

“Scar and I have been together for more than 4 years,” Banzer wrote in a public Facebook post on August 8. “It makes me very happy to announce to our family and friends that after a legal fight of 3 years and 10 months we have finally been able to access civil marriage as two women.”

As more LGBTQ+ professionals and allies in Latin America push for visibility, rights, and inclusive workplaces, myGwork offers a global community where people can connect with inclusive employers, access resources, and support equality through their careers; readers interested in supporting and benefiting from this progress can sign up to myGwork to join that network.

Interested in becoming a corporate member? Click here for more info.