Bolivia allows same sex union after a couple went to court

Bolivia’s civil registry allowed for the first time a same-sex civil union following a two-year legal encounter. Activists hope this decision Andean nation will pave the plan for an overhaul of the nation's marriage laws.

Guido Montano, a 45-year-old lawyer and David Aruquipa, a 48-year-old businessman were originally denied the freedom to register their union in 2018 by officials in Bolivia, who told the country’s laws did not recognise same-sex marriage.

The couple who have been together for more than 11 years moved their case to court.

While the Bolivian Constitution still does not allow similar-sex unions, Montano and Aruquipa disputed strongly the prohibition broke international human rights norms and established distinction under Bolivian law.

In beating below the national civil registry’s previous decision on the couple’s case, the court made clear that the nation's constitution demands laws and regulatory procedures be performed in a way compatible with the policies of equity and non-discrimination, including on the grounds of sexual adjustment.

The bench also regarded that the civil registry had dishonoured the couple’s due process rights, in part because it had not counted Bolivia’s international lawful responsibilities.

Bolivia’s Constitutional Court has earlier directed that domestic law requires to be performed in a manner compatible with international human rights commitments, according to Human Rights Watch.

The La Paz court also called a landmark 2017 verdict by the Inter-American Court of Human Rights, asserting that under the American Convention on Human Rights, all rights relevant to the family relations of heterosexual couples should also continue to same-sex couples.