LGBTQ+ rights in Venezuela: The fight against discrimination and inequality

Oil-rich Venezuela once ranked as one of the wealthiest economies in the world, but it experienced an economic collapse that has resulted in widespread poverty.
While the country has recently made headlines because of the U.S. president’s recent invasion and kidnapping of Venezuelan President Nicolás Maduro, its LGBTQ+ community has long suffered — mostly out of the media spotlight — from a lack of legal protections.
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Same-sex relationships and marriage laws
While consensual same-sex relations between adults are legal in Venezuela, same-sex couples have been persecuted in the country based on vague “decency” and “lewd conduct” ordinances. Venezuela doesn’t offer legalized same-sex marriage. Article 77 of Venezuela’s 1999 Constitution defines marriage as a union between a man and a woman, thereby excluding same-sex marriage.
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In 2003, Venezuela’s Supreme Tribunal of Justice ruled that the government may introduce measures providing economic benefits to same-sex couples. The court, however, stopped short of saying that the government was required to do so under the law. In 2008, the court said that the country’s constitution neither prohibits nor requires government recognition of same-sex marriages.
In January 2015, same-sex marriage advocates filed a lawsuit in the Supreme Tribunal of Justice challenging Article 44 of the country’s Civil Code, which states that marriage is only legally valid between a man and a woman. But even though the court announced on April 28, 2016, that it would hear oral arguments in the case, it has taken no further action on the case since, not even issuing an official ruling.
Venezuela does recognize “stable unions” (similar to common law marriages in the U.S.) between different-sex couples who cohabitate and intend to have children, but legal recognition of these unions hasn’t been extended to same-sex couples.
Anti-discrimination protections and legal gaps
While Venezuela offers legal protections against discrimination based on sexual orientation in employment, banking, and housing, the country only prohibits discrimination based on gender identity for housing and banking.
Because the country neither collects nor releases official statistics on its LGBTQ+ citizens, queer Venezuelans remain invisible and unheeded in official government reports on how various policies affect them. Numerous LGBTQ+ Venezuelans have said that they experience harassment at work and at the hands of police, who accuse queer individuals of soliciting sex work or carrying/selling drugs.
A 2015 report from the LGBTI Network of Venezuela said that, because the country’s anti-discrimination laws lack any enforcement mechanisms, such discrimination rarely gets punished. As a result, queer Venezuelans “constantly live situations of discrimination, threats, and attacks against their moral, psychological, or physical integrity, and still lack legal protection, which makes them defenseless citizens in an atmosphere of alarming growth of homophobia and transphobia.”
In May 2016, Venezuela’s National Assembly unanimously approved a resolution establishing May 17 as the International Day Against Homophobia, Transphobia and Biphobia, to raise awareness about anti-LGBTQ+ discrimination, oppression, and harassment. However, in 2016, the country’s Supreme Tribunal of Justice suspended the resolution.
Nevertheless, in March 2023, Venezuela’s Supreme Tribunal of Justice overturned Section 565 of the Military Justice Code, which banned “sexual acts against nature” and criminalized consensual same-sex relations between military members.
Transgender rights and legal recognition
Venezuela doesn’t legally recognize the gender identity of trans individuals.
In September 2016, Venezuela’s Administrative Service of Identification and Migration Affairs (SAIME) announced that it would take action to assist a group of transgender people in obtaining new identity cards with gender markers and a photograph that matches their gender identity.
SAIME said that individual applications for such changes would be assessed on a case-by-case basis, and would require copies of birth certificates and reports from psychiatric and psychological specialists that affirm the longevity and truthfulness of the person’s trans identity. However, it’s unclear if SAIME ever actually issued these changed identity documents.
A 2021 news report from Reuters noted that Tamara Adrian, Venezuela’s first out trans deputy, has fought in court since May 2004 for new government-issued identification cards and passports for trans people, but the court has never issued a ruling on the matter.
Family rights, adoption, and parental recognition
In December 2016, Venezuela’s Supreme Tribunal of Justice ruled that children born to same-sex couples could be registered with the surnames of both parents, regardless of biological relation. The tribunal based its ruling on Article 75 of the Venezuelan Constitution, which mandates state protection for all families without discrimination.
However, the country’s food distribution program doesn’t include same-gender families, and joint adoption for same-sex couples is not legally permitted. Nevertheless, female same-sex couples are allowed to access services for in vitro fertilization (IVF).
Health care realities, including HIV and gender-affirming care access
Venezuelans have severely limited access to healthcare due to a collapsed public system, widespread shortages of medicines, supplies, and personnel, and decaying infrastructure, leaving millions lacking basic services for chronic and preventable diseases, and forcing many to rely on often inadequate private care or humanitarian aid.
HIV healthcare in Venezuela
HIV healthcare in Venezuela is severely compromised by economic and political crises, leading to major shortages of antiretroviral drugs (ART), treatment interruptions, and a weakened health system. For example, the Venezuelan Pharmaceutical Federation has reported a shortage of 80% of medical supplies, leaving both public and private clinics vulnerable to acute shortages of medical supplies and medicines, even for routine treatments.
As a result, some HIV-positive Venezuelans and natives seeking gender-affirming care must seek such healthcare abroad, with the help of international aid and non-government organizations.
As of 2022, the country has an HIV prevalence rate of an estimated 35.8% among transgender Venezuelans and 23.3% among Venezuelan men who have sex with men, compared with a prevalence rate of around 0.5% for the country’s total population, according to The Borgen Project.
Researchers in a 2025 study said there’s a significant and concerning deterioration in HIV-related research output from within Venezuela over the last decade.
While public reports haven’t shown that Venezuela restricts entry to or exit from its borders based on a person’s HIV status, Article 8 of the country’s Law on Migration and Aliens, on inadmissibility, states that foreigners can be denied entry if “they suffer from infectious or contagious diseases or others that compromise public health.”
Gender-affirming healthcare in Venezuela
Gender-affirming healthcare in Venezuela is extremely limited, with hormone therapy and other essential services largely unavailable in the public system, forcing many to seek care privately or abroad. Virtually no public hospitals or clinics provide free or accessible hormone therapy or comprehensive care, according to a 2019 report in El Universal.
Social climate, violence, and stigma
Venezuelan attitudes towards LGBTQ+ are in transition, with younger Venezuelans generally supporting the rights of LGBTQ+ people. However, this trend coexists alongside an atmosphere of anti-LGBTQ+ government repression, harassment, and violence against queer people.
A 2023 poll by the Equilibrium Center for Economic Development (Equilibrium CenDE) found that 76% of Venezuelans support LGBTQ+ people being open about their sexual orientation and gender identity, 55% of Venezuelans supported same-sex marriage (while 32% oppose it), 48% supported adoption by LGBTQ+ couples (while 39% oppose it), and only 49% felt that queer people should publicly display their affection towards one another.
The same poll found that 33% of Venezuelans think that LGBTQ+ people choose to be queer, and 13% believe LGBTQ+ identities result from past trauma — neither perception is true. Such views may be fostered by the fact that educational institutions don’t allow discussions on LGBTQ+ issues or discourse on sexuality in the country
LGBTQ+ activists in the country have faced systematic government attacks that have resulted in illegal searches, arbitrary arrests, and violence, according to a 2024 Washington Blade report. The Inter-American Commission on Human Rights denounced Venezuela’s treatment of queer civil rights activist as a case of “state terrorism.”
Approximately 48% of LGBTQ+ Venezuelans have experienced discrimination or violence and 31% had chronic health conditions due to limited healthcare access or discrimination and revictimization by healthcare professionals, a 2023 analysis by the national LGBTQ+ organization Unión Afirmativa.
“In this context of oppression and violence, Venezuela’s LGBTIQ+ community continues to face monumental challenges in its struggle for equality and justice, while the government appears increasingly authoritarian and repressive,” one activist told The Washington Blade.
LGBTQ+ activism and community resilience
Despite conservative political pressure, LGBTQ+ activists in the country’s capital of Caracas continue to hold an annual LGBTQ+ Pride event, with over 50,000 attendees in recent years. The participants have demanded legal recognition of transgender people, legalized same-sex marriage, parental rights for same-sex couples, and LGBTQ+ inclusion in the government’s social programs and policies, especially regarding healthcare.
Unión Afirmativa remains the nation’s largest pro-LGBTQ+ organization, appealing to legislators and judicial officials for increased queer civil rights. International groups like The Cyrus R. Vance Center have also advocated for increased LGBTQ+ rights in Venezuela.
However, many LGBTQ+ Venezuelans, particularly trans individuals, emigrate to nearby Chile and Peru for refuge, community, and safety.
How Venezuela compares regionally
Venezuela lags behind many South American nations in LGBTQ+ rights, lacking national anti-discrimination laws, same-sex marriage, and legal gender recognition, and offering weak protections against systemic anti-LGBTQ+ discrimination, and poor access to healthcare, especially compared to regional leaders like Colombia or Brazil, which have stronger legal frameworks and policies to protect queer civil rights.
The country currently ranks ninth among South American countries in LGBTQ+ rights, according to Equaldex. Activists have blamed the conservative influence of the military and evangelical churches for the government’s inaction on implementing more queer civil rights.
The next steps for equality in Venezuela
Improving LGBTQ+ rights in Venezuela would require a combination of legislative reform, the active enforcement of existing protections, and a shift in societal attitudes to counter ingrained discrimination.
Such reforms could occur under new and committed leadership, but would require the political will and government support to provide greater legal equality to LGBTQ+ people while fostering greater social awareness and acceptance of queer people and their lived experiences.
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