Recognition of same-sex unions in Paraguay

Paraguay does not recognize same-sex marriage or civil unions. The Constitution of Paraguay has explicitly prohibited same-sex marriage since 1992, and de facto unions are only available to opposite-sex couples.

Support for same-sex marriage remains low in comparison to neighboring Argentina and Brazil.

Unregistered cohabitation
In August 2011, Itaipu Binacional, the company operating the Itaipu Dam, decided to recognize the same-sex partners of employees for the purpose of private health insurance benefits, if the couples were together for at least six months. An official working for the company said that the measure was for the sole purpose of including same-sex partners as beneficiaries of private health insurance for employees.

Civil unions
Paraguay does not recognize civil unions (unión de hecho; ; jeiko oñondive, ). The Constitution of Paraguay recognizes de facto unions with similar legal rights to marriage, but only for opposite-sex couples. Article 51(2) of the Constitution states: "A de facto union between a man and a woman, having no legal impediments to getting married and being characterized by stability and monogamy, produces a similar effect to that of a legal marriage, in accordance with the provisions established by law."

Background
Article 140 of the Civil Code of Paraguay expressly prohibits marriage between persons of the same sex. In July 2010, following the legalisation of same-sex marriage in Argentina, the LGBT organization SOMOSGAY announced its intention to advocate for a same-sex marriage bill in the Congress of Paraguay. In May 2017, presidential candidate Santiago Peña of the ruling Colorado Party announced his support for same-sex marriage. He was criticised by many deputies, as well as President Horacio Cartes. 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." In March 2019, with 24 votes in favor, the Senate of Paraguay approved a draft declaration stating that it was "pro-life and pro-family", expressing opposition to same-sex marriage and abortion. The move was criticised by many lawmakers, who argued that the state is secular and cannot impose moral principles or values linked to religion. While running for president in the April 2023 election, Peña expressed opposition to same-sex marriage, as did his main opponent, Efraín Alegre.

In 2013, Simón Cazal and Sergio López, Paraguayan nationals who had legally married in Argentina in March 2012, 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, with the judge ruling that the Paraguayan Constitution does not recognize same-sex marriages.

In September 2023, a same-sex couple, Beto Leiva and Felipe Rojas, held a symbolic marriage ceremony at the Alta Gracia Parque Hotel in Caacupé. The marriage lacks legal recognition, and the ceremony was labelled as "outrageous" on the front pages of national newspapers and led to an "explosion" of homophobic rhetoric on social media.

Constitutional wording
Since 1992, the Constitution of Paraguay has limited marriage to "one man and one woman". Article 51(1), entitled "Legal Marriages and the Effects of De Facto Unions", states: "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: "The union in marriage by a man and woman is one of the fundamental factors in the formation of a family."

2018 Inter-American Court of Human Rights ruling
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. The ruling states that:

"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 Convention on 24 August 1989 and recognized the court's jurisdiction on 11 March 1993.

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, citing the IACHR ruling. Government officials reacted negatively to the ruling, with some opponents also falsely claiming that it does not apply to Paraguay. Mario Abdo Benítez said in March 2018 that he would veto any same-sex marriage bill passed by Congress if elected president in the April 2018 election, which he subsequently won.

Public opinion
According to a Pew Research Center survey conducted between 26 November 2013 and 8 January 2014, 15% of Paraguayans supported same-sex marriage, while 81% were opposed.

The 2017 AmericasBarometer found that 26% of Paraguayans supported same-sex marriage.