Bolivia Makes LGBTQ+ History With First Same-Sex Civil Marriage

Bolivia has recorded its first same-sex civil marriage, marking a historic moment for LGBTQ+ rights in the South American country. Fabiana Justiniano and Scarlett Rocha married in Santa Cruz on 7 August 2026 after a legal fight lasting three years and ten months.

The couple, both 29, first applied for a civil marriage licence in October 2022. Their request was rejected because Bolivia’s Constitution defines marriage as a union between a woman and a man, while same-sex marriage is still not recognised generally under Bolivian law.

Rather than abandoning their plans, Fabiana and Scarlett challenged the decision through the courts with support from LGBTQ+ legal advocacy organisation Igual Bolivia. Their case involved two constitutional actions and argued that preventing them from marrying violated their rights.

Their lawyers also relied on international human rights protections, including an advisory opinion from the Inter-American Court of Human Rights stating that same-sex couples should receive the same legal protections available to opposite-sex couples.

A major breakthrough came on 13 March 2026. After a six-hour hearing, a constitutional tribunal in La Paz ruled in the couple’s favour, finding that the civil registry had discriminated against them and ordering authorities to issue their marriage licence within ten days.

It would ultimately take another five months before the moment they had spent years fighting for finally arrived.

On 7 August, Fabiana and Scarlett married in Santa Cruz, becoming the first same-sex couple to obtain a civil marriage in Bolivia. Their marriage is legally recognised throughout the country and will remain valid regardless of what happens during the next stage of their constitutional case.

The milestone follows another important step for LGBTQ+ recognition in Bolivia. In 2020, David Aruquipa and Guido Montaño became the country’s first same-sex couple to secure legal recognition of their free union following their own lengthy legal battle.

Fabiana and Scarlett’s marriage goes further, but it does not mean Bolivia has introduced marriage equality for everyone. The ruling applies specifically to their case and Bolivia’s wider legislation has not yet been changed to give all same-sex couples an automatic right to marry.

Their constitutional case will now be reviewed by Bolivia’s Constitutional Court. If the higher court upholds the ruling, legal experts believe it could strengthen the path for other same-sex couples seeking the same recognition, while other couples have already approached Igual Bolivia following Fabiana and Scarlett’s success.

The marriage also places Bolivia’s continuing debate over LGBTQ+ equality alongside a changing regional picture. Argentina, Brazil and Colombia are among the South American countries where same-sex couples have already been able to marry for years.

For Fabiana and Scarlett, however, the historic significance sits alongside something much more personal. After three years and ten months of applications, court proceedings and uncertainty, the couple have finally been able to have the relationship and future they chose together recognised as a marriage.

Their wedding may be Bolivia’s first, but the precedent it leaves behind could make it far from the last.

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Images: AP Photo / Juan Karita.

Sources: Associated Press, Igual Bolivia, El País Bolivia and Bolivia TV.