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Multiple similar proposals were introduced in the following years, but all stalled due to opposition from the Catholic Church and several members of the governing Movement for Socialism party. However, the bill stalled and was not approved. In April 2012, a member of the opposition coalition, the National Convergence, introduced a bill in the Plurinational Legislative Assembly to legalize same-sex civil unions. In July 2010, following the legalisation of same-sex marriage in Argentina, Vice President Álvaro García Linera said that the government had no plans to legalize same-sex marriage. Main article: Recognition of same-sex unions in BoliviaĪrticle 63 of the Constitution of Bolivia limits marriage to opposite-sex couples.
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There is a close in age exemption of three years. The age of consent in Bolivia is set at 14 per article 308bis (known as "Rape of Infants, Girls, Boys and Adolescents" ( Violación Infantes, Niña, Niño y Adolescentes)) of the Criminal Code, which punishes rape ( violación) of children under 14, "even without the use of force or intimidation and when consent is alleged" ( así no haya uso de la fuerza o intimidación y se alegue consentimiento). Same-sex sexual activity has been legal since 1832. Following the Spanish conquest, sodomy, whether conducted by heterosexual or homosexual partners, became punishable with burning at the stake. Lesbians (known as holjoshta) seem to have been highly regarded by the Incas. Nonetheless, it seems as though homosexuality was a tolerated "act of worship" in religious rituals, and traditions of cross-dressing priests (known as quariwarmi) who would perform religious rituals also existed. The traditional perception of homosexuality, especially male homosexuality, by the Incas is still unclear and is the subject of ongoing debates. This is notably true among the Aymara, whose popular culture now regards homosexuality as a synonym to infidelity or bad luck. The conversion to Christianity, which traditionally has regarded homosexuality as sinful, has resulted in a climate of homophobia and persecution for LGBT people. However, this past acceptance and openness are not so present in modern times. The Aymara people regarded homosexuals as supernatural beings and shamans, capable of magic. The Moxo, Chiquitano, Guaraní and Chiriguanos peoples tended to view homosexuality with indifference.
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Homosexuality and same-sex relationships has been documented among these people groups, with varying levels of acceptance. Among these were the Quechua people (including the Incas), the Aymara people, the Guaraní people, the Chiquitano, and the Moxo, among others. Prior to Spanish colonisation, various indigenous peoples inhabited modern-day Bolivia. 3 Recognition of same-sex relationships.In 2017, the Bolivian Ombudsman reported that 64 LGBT people had been murdered in the country that year, of which only 14 cases had been investigated and none which resulted in a sentence. Nevertheless, reports of discrimination against LGBT people are not uncommon. However, in May 2021, a SERECI office in La Paz refused to register the relationship of a lesbian couple. Following a decision from the Inter-American Court of Human Rights in January 2018, recognising same-sex marriage as a right under the American Convention on Human Rights and which set binding precedent for Bolivian courts, and pending a decision from the Plurinational Constitutional Court, the Civil Registry Service announced its intention on 9 December 2020 to issue civil union ("free union") certificates offering all of the legal rights, benefits and responsibilities of marriage to same-sex couples. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity, making Bolivia one of the only few countries in the world to have such constitutional protections for LGBT people. Both male and female same-sex sexual activity are legal in Bolivia. Lesbian, gay, bisexual, and transgender ( LGBT) people in Bolivia may face legal challenges not experienced by non- LGBT residents.
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Same-sex marriage and free unions banned by Constitution Sexual orientation and gender identity protections