The national civil registry of Bolivia recognized for the first time on Friday a same-sex civil union after a two-year legal battle between the applicants, a gay couple, and the administrative authorities.
The case stemmed from an application by David Aruquipa and Guido Montaño, who had applied to register their relationship as a “free union” under the Code of Families of Bolivia in 2018. However, their application was rejected by the national civil registry in September 2019, citing lack of availability of administrative procedures for same-sex unions, a decision which was later challenged by the couple.
In a July resolution, the Second Constitutional Chamber struck down the decision of the registry as discriminatory. The Constitutional Chamber observed that the Constitution required all laws and administrative procedures to be consistent with the principles of equality and non-discrimination, including on grounds of sexual orientation.
It held that the decision of the registry was violative of the due process rights of the couple as well as of Bolivia’s international human rights and legal obligations, ordering the registry to recognize the union before August 10. The registry had, however, refused to comply with the judicial order until its Friday decision.