Buenos Aires, Argentina was the first city in Latin America to permit same-sex couples any legal recognition of couplehood, in the form of civil unions in July 2003. Civil unions in Argentina excluded adoption and inheritance rights however, leaving gay marriage law a murky area for lesbian, gay, bisexual and transgendered (LGBT) rights. As marriage equality issues make their way to the Supreme Court, what will the future of same-sex marriage look like in this deeply-Catholic country?
Civil Unions in Argentina
Seven countries currently legalize gay marriage in full: Sweden, Norway, Canada, South Africa, Spain, Netherlands, and Belgium. In the United States, five states recognize gay marriage although there is no federal recognition of same-sex marriage. Civil union is the term for a legal recognition of couplehood that does not confer the full rights of marriage. For instance, in the United States certain states, such as Colorado, Hawaii, New Jersey, California, Maine, New Jersey, and the District of Columbia recognize civil unions as binding legal processes for same-sex couples.
In Argentina, the first civil union between same-sex partners was permitted in July 2003 in the city of Buenos Aires. The following areas in Argentina now recognize same sex civil unions:
- Villa Carlos Paz
- Río Cuarto
- Ciudad de Buenos Aires
- Río Negro
Argentine civil code currently defines marriage as the union of one man and one woman. Gay rights activists and legislative supporters plan to put forth legislation in 2010 to redefine the code to state that marriage is a union between two consenting adults.
Gay Marriage Law and LGBT Rights
With the Catholic Church an outspoken critic of same-sex marriage in countries such as Argentina, with deep Catholic roots stretching back nearly 500 years, the issue of LGBT rights is a difficult one for civil society in Argentina and throughout Latin America.
On Nov. 13, 2009 Judge Gabriela Seijas ordered the Buenos Aires registry to recognize the marriage between Alejandro Freyre and Jose Maria Di Bello. The couple were to be wed on December 1, but a last-minute decision by Judge Martha Gomez Alsina overturned the earlier ruling, citing civil unions in Buenos Aires as evidence that the two men were not discriminated against in their right to legal status approximating marriage, and that LGBT rights were equal to those of heterosexuals on this issue.
Judge Martha Gomez Alsina cited the Argentine Supreme Court's future ruling on the issue of gay marriage law as part of her decision as well. The Supreme Court announced in December 2009 that it would rule on the constitutionality of two sections of the Argentine Civil Code regarding marriage.
Marriage Equality in Latin America
In reaction to the last-minute hold on the same sex marriage between Alejandro Freyre and Jose Maria Di Bello, LGBT rights supporters in Argentina announced that they would begin a succession of lawsuits throughout Argentina in an effort to force the issue through the courts and to compel the Supreme Court to hear the appeals on marriage equality and rule in favor of LGBT rights and marriage equality.
In 2007, Uruguay became the first country to approve civil unions nationwide, and in September 2009 became the first Latin American country to permit same-sex adoption. Other Latin American countries such as Venezuela, Brazil and Ecuador are debating same sex civil unions or marriage issues in the courts and legislatures.
On December 21,2009 Mexico City became the first jurisdiction in Latin America to permit gay marriage and same-sex couple adoption; to learn more please read Gay Marriage in Mexico City.
References:
Argentina's gays to launch legal offensive for right to wed, AFP
Gay Marriage Around the Globe, BBC News
Graff, E.J., What is Marriage For? 38 New. Eng. L. Rev. 541 (2003-2004).
Melanie Zoltan - Melanie Zoltan is a former college professor and administrator who has written for About.com, PCWorld, Brain Child, Thomson Gale, and ...
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