Background and summary Marriage in Brazil is governed at the federal level rather than by state law, and involves the issuing of a
marriage license by a notary. In May 2011, the Supreme Federal Court ruled that the present law allowed for same-sex couples to formalize their relationships in the form of stable unions. On 25 October, the
Superior Court of Justice ruled that two women could legally marry. Differently from the
U.S. Supreme Court's
stare decisis, the Superior Court decision only applied to the plaintiff couple, but would serve as legal precedent in similar cases. The court overturned two lower court rulings against the couple, and held that the
Constitution of Brazil guarantees same-sex couples the right to marry and that the Civil Code does not prohibit the marriage of two people of the same sex. Using this decision as precedent, many
states amended their directives for issuing marriage certificates to allow same-sex marriages and require notaries who preside over marriage licenses and perform marriages to provide such services to same-sex couples.
2013 National Justice Council ruling On 14 May 2013, the
National Justice Council ruling 14–1 that notaries must license and perform same-sex marriages and convert existing stable unions into marriages if the couples so desire. The ruling took effect on 16 May 2013. On 21 May 2013, the
Social Christian Party (PSC) filed an appeal with the Supreme Federal Court against the National Justice Council's decision. The party alleged that the Council had overstepped its authority, arguing that the legalization of same-sex marriage was a matter exclusively reserved for the
National Congress. The appeal did not result in a
stay of the Council's decision. On 30 May 2013, the Supreme Federal Court rejected the appeal on procedural grounds, stating that the PSC had used the incorrect legal instrument to appeal. The court held that the Council's decision could only be challenged through a "direct action for unconstitutionality" () rather than an action for injunction (). On 6 June 2013, the PSC refiled the appeal. Subsequently, on 28 August 2013, the Office of the Attorney General (), along with the
Cabinet of Brazil under President
Dilma Rousseff, submitted an opinion in support of same-sex marriage to the Supreme Court. Given that the Council's ruling was issued by its president—who also served as Chief Justice of the Supreme Federal Court—it is unlikely the Court would overturn the decision. As of 2023, the PSC's appeal had not yet proceeded to
oral arguments.
Proposals in the National Congress The legal recognition of same-sex marriages in Brazil was achieved through the judicial system; Brazil has yet to pass a national same-sex marriage law. In October 2013, a parliamentary committee recommended a measure to ensure that religious institutions would not be obligated to solemnize same-sex marriages. The proposal would have allowed such institutions to refuse to officiate at marriages "[that] violate [their] values, doctrines, and beliefs". It was expected to be submitted to the National Congress pending approval by a constitutional committee, but no further action was taken before the
2014 elections. In March 2017, the Constitution and Justice Commission of the
Brazilian Senate preliminarily approved a bill to align the Civil Code with the National Justice Council's ruling. The bill aimed to recognize stable unions between two people of the same sex and allow the conversion of such unions into marriage. It proposed replacing the definition of a family entity from "a stable union between a man and a woman" to "a stable union between two people", and included a provision explicitly stating that marriage may be performed between two people. The commission gave final approval to the bill on 3 May. However, it was not advanced by either the Senate or the
Chamber of Deputies prior to the
2018 elections. On 13 November 2024, the Human Rights Committee of the Chamber of Deputies approved a bill to codify same-sex marriage into federal civil law. The text of the bill was originally authored by former Congressman
Clodovil Hernandes and was introduced by Congresswoman
Erika Hilton.
State and district laws Prior to nationwide legalisation in 2013, marriage licenses were granted to same-sex couples in some individual cases, often through the decision of a
judge. On 27 June 2011, a judge in the state of
São Paulo converted a same-sex stable union into a marriage. The couple held a wedding ceremony the following day. That day, another same-sex stable union was converted into a marriage by Judge Jennifer Antunes de Souza from the 4th Family Court of Brasília. On 29 May 2012, four out of six notary offices in
Porto Alegre agreed to convert stable unions into marriages, and on 31 May 2012 a
civil partnership contracted by two men in
England was recognized and converted into a marriage. On 28 June 2012, 28 same-sex couples were legally married in a mass wedding ceremony in
Belém. Following the 2011 Supreme Federal Court ruling on stable unions and the Superior Court of Justice ruling that a lesbian couple could legally marry, several states altered their marriage procedures, enabling same-sex couples to marry in a manner that is bureaucratically identical to opposite-sex couples. The first state
to do so was
Alagoas. On 6 December 2011, its General Judicial Inspectorate ()—a supervisory body within the state court system responsible for overseeing the proper functioning of the judiciary's administrative and auxiliary services, particularly in first-instance courts (i.e. trial courts) and registry services (such as marriages and births)—ordered the state civil registry to issue marriage licences to same-sex couples. The decision took effect upon publication on 7 December 2011. Alagoas was followed by the neighboring state of
Sergipe on 5 July 2012, when its General Judicial Inspectorate issued a provision legalizing same-sex marriage. On 11 July, the city of
Santa Rita do Sapucaí also began issuing marriage licenses to same-sex couples following the decision of a judge. On 15 August 2012, the General Judicial Inspectorate of
Espírito Santo similarly issued a circular letter obliging its civil registry to address same-sex marriages in the same manner as opposite-sex marriages, making it the third Brazilian state to legalize same-sex marriage. They were followed by
Bahia on 26 November, the
Federal District on 1 December, and
Piauí on 15 December 2012. On 18 December 2012, the General Judicial Inspectorate of São Paulo also updated its marriage provisions to include same-sex couples in a manner equal to opposite-sex couples. The new provisions entered into effect 60 days later (i.e. 16 February 2013). Other states followed suit, including
Ceará on 15 March,
Paraná on 26 March,
Mato Grosso do Sul on 2 April,
Rondônia on 26 April,
Paraíba and
Santa Catarina on 29 April, and
Mato Grosso on 13 May.
Native Brazilians While many
Indigenous cultures historically practiced
polygamy, there are no records of same-sex marriages being performed in these cultures in the way they are commonly defined in
Western legal systems. However, many Indigenous communities recognize identities and relationships that may be placed on the LGBT spectrum. Among these are
two-spirit individuals—people who embody both masculine and feminine qualities. In some cultures, two-spirit individuals assigned male at birth wear women's clothing and engage in household and artistic work associated with the feminine sphere. Historically, this identity sometimes allowed for unions between two people of the same biological sex. Anthropologist
Darcy Ribeiro reported such two-spirit people, known as , among the
Kadiwéu. They wear women's clothing, take care of the family, and marry
cisgender men. The
Tupinambá refer to them as . One , the
Tibira do Maranhão, was executed in 1614 by the
French on charges of
sodomy. The Tupinambá also recognize two-spirit people who are born female but perform men's activities such as hunting. They marry women and adopt similar roles as men in the home. Similar individuals occupying a
third gender role are also found among the
Ticuna, the
Karajá and the
Krahô. By state, most marriages were performed in São Paulo (4,100), followed by
Minas Gerais (737), Rio de Janeiro (723),
Rio Grande do Sul (480), Paraná (458), Santa Catarina (429),
Pernambuco (391), Ceará (330), Bahia (288), the Federal District (274),
Goiás (218),
Pará (201), Mato Grosso do Sul (166), Espírito Santo (129),
Rio Grande do Norte (114), Paraíba (105), Alagoas (95),
Amazonas (49), Mato Grosso (46), Piauí (45), Sergipe (43),
Maranhão (26), Rondônia (24),
Acre and
Tocantins (18),
Amapá (8) and
Roraima (5). 2018 saw a significant rise in marriages, particularly in the later months of the year, with November seeing a 68% rise compared to 2017. Figures for 2020 are lower than previous years because of the restrictions in place due to the
COVID-19 pandemic.
Religious performance Most major religious organisations in Brazil do not perform or
bless same-sex marriages in their places of worship. The largest
Christian denomination in Brazil is the
Catholic Church, which opposes same-sex marriage and does not allow its priests to officiate at marriages of same-sex couples. The Church campaigned heavily against legalization, decrying the 2011 ruling that legalized stable unions, and calling for protests against the 2013 ruling legalizing same-sex marriage. The
Episcopal Conference of Brazil stated: "Same sex unions cannot simply be equated to marriage or family, which are based on matrimonial consent, in the spirit of complementarity and reciprocity between a man and a woman, open to the procreation and education of children." In April 2013, it
excommunicated Father Roberto Francisco Daniel, a supporter of same-sex marriage in
Bauru, over "grave statements counter to the dogma of Catholic faith and morality." In December 2023, the
Holy See published
Fiducia supplicans, a declaration allowing
Catholic priests to
bless couples who are not considered to be
married according to church teaching, including the blessing of same-sex couples. Reactions were mixed. The
Archbishop of Porto Alegre,
Jaime Spengler, stated, "I ask a very simple question, which guides me and also guides my actions: are they people? If they are people, they deserve our respect too. And when they come to us asking for a blessing, I imagine that they are also looking for a word of comfort, of hope and perhaps even the desire to cope with their own situation. We can't deny that!" The
Diocese of Petrópolis issued a statement that "[t]hese people, with these conditions and dispositions, can receive a prayer from the priest, an invocation of God's mercy and help so that they can live according to God's will. This should be an opportunity to proclaim the
kerygma to them. Blessings to groups who intend to justify an irregular situation, objectively contrary to Christian morality and the true nature of marriage, which would cause confusion and scandal among the faithful, are therefore forbidden." The
Bishop of Formosa,
Adair José Guimarães, said he would not offer blessings to same-sex couples, following consultation with the local clergy and lay people that "applying the resolution would bring incomprehension and scandal".
Pentecostal and Evangelical groups have been vocally opposed to the legalization of same-sex unions. In June 2013, the
Assembleias de Deus, led by Pastor
Silas Malafaia, organized a rally against the National Justice Council ruling in
Brasília. "This is a historic day... We are here in support of the family made up of a man and a woman. We will not allow this country to sink into immorality", said one pastor who attended the march. Around 40,000 people attended the protest according to the organizers; police counted 6,000 attendees. "Satan will not destroy our family values", added Malafaia, who also organized a similar demonstration in
Rio de Janeiro the previous month. In 2011, the
Evangelical Church of the Lutheran Confession in Brazil released a pastoral letter accepting the Supreme Court's decision to allow same-sex stable unions, although religious same-sex marriages are not allowed in the denomination. The ruling was also welcomed by some Baptist groups. Some smaller
religious denominations support and solemnise same-sex marriages. In June 2018, the
Anglican Episcopal Church of Brazil officially changed its
canons to permit same-sex marriages. The move was approved by its synod by 57 votes to 3. The Church joined other
Anglican provinces, including the
American,
Scottish and
Canadian branches of the Anglican Communion, in performing same-sex weddings. The first same-sex marriage in an Anglican church occurred in
São Paulo on 24 November 2018. Several same-sex marriages have also been conducted in
Umbanda and
Candomblé ceremonies. An Umbanda priestess in Rio de Janeiro said in 2011 that "in umbanda this is accepted. It's fine. … We carry out marriages of love." Some
Jewish groups also solemnise same-sex marriages. ==Public opinion==