National

In December 1998, the age of consent for consensual sex between same-sex couples was 18 years under Article 365 of the Penal Code, higher than for heterosexual couples [R1.1].

Courts & Tribunals

On 04 January 2011, the Constitutional Court upheld the constitutionality of Article 365 of the Penal Code which sets 18 years as the age of consent for sexual relations between (male) persons of the same sex, while for heterosexuals it is 14 years. However, there was agreement that the homophobic rule is only applicable to gay relationships and not to the lesbian, something that until now was never clear [R2.1].

Courts & Tribunals

On 24 August 2011, the Inter-American Court of Human Rights heard the case of Karen Atala Riffo in Bagotá, Colombia. A decision on Atala's case will be issued, with which the government of Chile has agreed to abide [R1.2].

Previously:

In April 2010, the Inter-American Commission on Human Rights (IACHR) rebuked Chile's Supreme Court for a 2004 ruling in which a woman lost custody of her children to her estranged husband because she was living with her lesbian partner [R1.1].

National

On 09 August 2011, President Sebastian Pinera, signed a proposal to recognize gay civil unions, granting them some of the same rights as married couples including access to inheritance and other social benefits, and sent it to Congress [R1.6].

On 11 July 2011, the government was reportedly considering presently legislation to Congress that would recognize same-sex civil unions and extend rights to couples who have lived together for more than one year [R1.5].

On 28 May 2011, President Sebastian Piñera was reported to have announced he'll send Congress a bill legalizing civil unions for gay and lesbian couples [R1.4].

On 15 June 2010, Senator Andres Allamand announced he would introduce a package of laws called Acuerdo de Vida en Comun (AVC) that would if passed recognize gay couples with civil unions. The Senate is expected to vote on a gay marriage bill in July [R1.3].

Previously:

In 2006, civil union legislation was presented to the national Congress but stalled despite President Michelle Bachelet's public support, due to the opposition of the Catholic Church and several conservative politicians [R1.2].

In June 2003, a Bill that would allow same-sex couples who have lived together for at least two years to legalize their union through a civil contract granting them rights to pensions and inheritances was sent to the Congress [R1.1].

The proposed law would not permit same-sex marriages or the adoption of children. It would allow couples to split on the grounds of family violence or mutual agreement [R1.1].

National

On 08 November 2011, in a 28–2 vote, the Senate approved legislation that seeks to end discrimination against minority groups. The law now has to be passed by the Chamber of Deputies [R1.2].

The Senate decided that the categories to be protected were, "race or ethnicity, nationality, socioeconomic status, language, ideology or political opinion, religion or belief, the association or participation in trade associations or lack thereof, gender, sexual orientation, marital status, age, affiliation, personal appearance and illness or disability" [R1.2].

On 08 November 2011, the Senate is expected to consider an anti-discrimination law that would, if passed, forbid any discrimination based on race, age, sex, gender, religion, belief, political or other opinion, birth, national origin, cultural or socioeconomic standing, language, marital status, sexual orientation, illness, disability, genetic structure or any other status. The legislation apparently omits "gender identity" [R1.1].

National

On 23 December 1998, the criminal law in Chile prohibiting consensual sex between same-sex couples was repealed [R1.3].

Previously:

In January 1997, the Chilean Senate's Constitution, Legislation, Justice and Regulation Committee voted to keep gay sex illegal [R1.2].

On 16 December 1996, the Chilean Senate Committee on Constitution, Legislation Justice, and Rules passed a resolution recommending that the full Senate not consider legislation decriminalizing sodomy [R1.1].

National

On 11 August 2011, two days after President Sebastian Pinera sent to Congress a bill that would grant gay and lesbian couples many of the rights and benefits of marriage, members of the Independent Democrat Union (Union Democrata Independiente) announced the introduction of a constitutional amendment that seeks to define marriage as the union of a man and a woman [R1.2].

In August 2010, the president of the Socialist party, Senator Fulvio Rossi announced that he would present a same-sex marriage bill for the nation [R1.1].

Courts & Tribunals

On 03 November 2011, the opinion of the Constitutional Court issued, rejecting the petition by two homosexual couples to register their marriages in Argentina and Canada with the Chilean Civil Registry and ruling marriage “ is reserved for heterosexual couples and not those of the same sex” [C 2.4], [R2.3].

On 30 October 2011, in a judgment expected shortly, the Constitutional Court reportedly ruled 9–1 against legalization of same-sex marriage, 4 of the 10 judges wanting Congress to lisgislate on the issue [R2.2].

In January 2011, the Constitutional Court was to consider a protection demand from MOVILH, the Homosexual Integration and Liberation Movement, and three same-sex couples who want the nation's opposite-sex definition of marriage struck down on constitutional grounds [R2.1].

National

In 2003, adoption of children by same-sex couples was not lawful in Chile [R1.1].