Bolivia's First Same-Sex Marriage: A Historic Legal Victory

In a historic first for Bolivia, Scarlett Rocha and Fabiana Justiniano were married on August 7 in Santa Cruz, becoming the country's first same-sex couple to legally wed. The ceremony marked the culmination of a nearly four-year legal struggle in a nation where the constitution defines marriage as between a man and a woman.

The couple first applied for a marriage license in 2022 but were denied. Their lawyers argued that Bolivia's constitution, which gives international human rights treaties precedence over national law, required recognition of same-sex marriages. They cited an advisory opinion from the Inter-American Court of Human Rights. In March, a constitutional tribunal in La Paz ruled in their favor, ordering authorities to issue the license. The marriage was finally registered in August.

For the couple, the legal recognition brings both emotional relief and practical security. "When I saw the marriage certificate on the table, I felt this weight being lifted," said Rocha, 29. Justiniano, a psychologist, noted that the marriage certificate now ensures their rights as spouses in matters of health care and inheritance.

The ruling applies only to this couple, but legal experts say it could set a precedent for other same-sex couples in Bolivia. Paola Tapia, head of the Populations Unit at Bolivia's Ombudsman's Office, said the marriage helps close gaps in inheritance, social security, and asset protection for the LGTBI population. The case now goes to Bolivia's Constitutional Court for final review, which could broaden its impact.