Bolivia: Refusal to Register Same-Sex Union

Bolivia’s national civil registry has refused to comply with a court order to register the union of a same-sex couple.

On July 3, 2020, the Second Constitutional Chamber of the La Paz Department Tribunal ordered the national civil registry (Registro de Servicio Cívico, SERECÍ) to register the union of David Aruquipa and Guido Montaño by August 10, in accordance with international human rights standards and constitutional nondiscrimination principles. The couple has been trying to register their relationship as a free union under the Bolivian Code of Families since October 2018. Instead of abiding by the court order, SERECÍ filed a request with the Constitutional Court for an injunction on the La Paz court’s ruling.

The following quote can be attributed to José Miguel Vivanco, Americas director at Human Rights Watch:

«The failure of Bolivia’s national civil registry to register the free union of David Aruquipa and Guido Montaño is an affront to the principles of equality and nondiscrimination. All Bolivians, regardless of their gender identity or sexual orientation, deserve the same rights. All civil registries in the country should immediately end discrimination against same-sex couples and start registering their relationships as free unions, if the couple so wishes».