Same-sex marriage in Alagoas

Same-sex marriage has been legal in Alagoas since 7 December 2011. Alagoas was the first state of Brazil to legalize same-sex marriage when its General Judicial Inspectorate ordered the state civil registry to issue marriage licences to same-sex couples.[1][2] Civil unions have also been available to same-sex couples since 2011.

Stable unions (Portuguese: união estável, Brazilian Portuguese: [uniˈɐ̃w̃ isˈtavew]) have been legally performed and recognized nationwide, including in Alagoas, since May 2011 in accordance with a ruling from the Supreme Federal Court.[3] In ADI 4277 and ADPF 132, the court ruled that same-sex couples must be allowed to legally register their relationships. The decision was approved 10–0; one judge abstained because he had previously spoken publicly in favor of same-sex unions when he was attorney general. The ruling resulted in stable unions for same-sex couples having the same financial and legal rights enjoyed by those in opposite-sex relationships. Stable unions of same-sex couples are guaranteed similar rights as marriages, including adoption, welfare benefits, pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, in vitro fertilisation and surrogacy.[4]

On 6 December 2011, Judge James Magalhães de Medeiros of the General Judicial Inspectorate (Corregedoria Geral da Justiça)—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)— instructed the state's civil registry offices to process marriage applications from same-sex couples in an identical manner to opposite-sex couples.[5][6][7][8] The decision, known as "Provision N° 40", came into effect upon publication the following day,[8] making Alagoas the first state to open marriage to same-sex couples.[9][10] The first same-sex marriage in Alagoas occurred on 17 January 2012 for a same-sex couple who had been together for almost 25 years. Previously, a lesbian couple had been able to have their stable union converted into a marriage by a judge in Maceió in July 2011.[11]

Marriage statistics

According to the Brazilian Institute of Geography and Statistics, 721 same-sex marriages had taken place in Alagoas between 2013 and 2023.

Number of marriages performed in Alagoas[12]
Year Same-sex marriages Opposite-sex
marriages
Total
marriages
% same-sex
Female Male Total
2013 14 3 17 16,032 16,049 0.11%
2014 15 3 18 17,532 17,550 0.10%
2015 29 19 48 18,001 18,049 0.27%
2016 20 12 32 15,757 15,789 0.20%
2017 34 10 44 14,703 14,747 0.30%
2018 56 39 95 15,001 15,096 0.63%
2019 53 25 88 15,096 15,184 0.58%
2020 48 28 76 10,577 10,633 0.71%
2021 94 45 139 13,755 13,894 1.0%
2022 56 27 83 12,963 13,046 0.64%
2023 56 25 81 14,160 14,241 0.57%

Religious performance

Most major religious organisations in Alagoas do not perform or bless same-sex marriages in their places of worship. Religious denominations permitting same-sex marriage include the Anglican Episcopal Church of Brazil,[13] and Umbanda and Candomblé groups.[14][15][16]

See also

References

  1. ^ Brazil’s most populous state to allow same-sex marriage
  2. ^ Brazil’s São Paolo extends the freedom to marry to same-sex couples
  3. ^ "Same-sex unions recognized by Brazil's high court" (in Portuguese). 6 May 2011. Retrieved 16 January 2013.
  4. ^ "Casais gays conquistam 112 direitos com decisão do STF" (in Portuguese). 6 May 2011. Archived from the original on 29 June 2017. Retrieved 16 January 2013.
  5. ^ JAMES, MAGALHÃES DE MEDEIROS. "PROVIMENTO Nº 40, DE 06 DE DEZEMBRO DE 2011" (PDF) (in Portuguese). Archived from the original (PDF) on 30 July 2012. Retrieved 8 January 2012.
  6. ^ Redação, Por (6 January 2012). "Alagoas regulamenta o casamento civil entre gays em todos os cartórios do estado" (in Portuguese). guagh.com.br. Archived from the original on 12 January 2012. Retrieved 7 January 2012.
  7. ^ "Iniciativa da Justiça de Alagoas facilita casamento gay" (in Portuguese). terra. 6 January 2012. Archived from the original on 12 January 2012. Retrieved 7 January 2012.
  8. ^ a b "Página 46 da Jurisdicional e Administrativo do Diário de Justiça do Estado de Alagoas (DJAL) de 7 de Dezembro de 2011". Jusbrasil (in Portuguese).
  9. ^ Vermelho (7 January 2012). "Alagoas facilita casamento de homossexuais" (in Portuguese). Correio de Brasil. Archived from the original on 18 July 2012. Retrieved 7 January 2012.
  10. ^ "Justiça de AL e ES orientam cartórios sobre união gay" (in Portuguese). Consultor Jurídico. 7 January 2012. Archived from the original on 13 July 2012. Retrieved 7 January 2012.
  11. ^ (in Portuguese) Alagoas registra seu segundo casamento gay
  12. ^ "Sistema de Estatísticas Vitais, Tabelas, Casamentos". IBGE (in Portuguese). Archived from the original on 17 February 2025. Retrieved 21 May 2025.
  13. ^ Brazil's Anglican Church changes its canons to permit same-sex marriage Archived 13 October 2018 at the Wayback Machine, Anglican News, 4 June 2018
  14. ^ "Casal gay celebra casamento umbandista em bloco no centro de São Paulo". GI São Paulo (in Portuguese). 27 February 2017. Archived from the original on 27 January 2021. Retrieved 18 January 2021.
  15. ^ Miller, Victor (30 January 2021). "Umbanda celebrates gay marriage in Cuiabá". Scruff gayblog.
  16. ^ CartaCapital (22 September 2017). "Homossexualidade e candomblé". CartaCapital (in Brazilian Portuguese). Retrieved 1 May 2021.