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Same-sex marriage has been legal in Argentina since July 22, 2010. Bills to legalize same-sex marriage were introduced to the National Congress in 2009 by deputies from the Socialist and New Encounter parties. Following much discussion, a unified bill passed the Chamber of Deputies on May 5, 2010, by a vote of 126 to 110, and the Senate on July 15 by 33 votes to 27. President Cristina Fernández de Kirchner signed the bill into law on July 21, and it went into effect the following day. Polling indicates that a majority of Argentines support the legal recognition of same-sex marriage. [1] Argentina was the first country in South America and Latin America, the second in the Americas, the second in the Hispanic world, the second in the Southern Hemisphere and the tenth in the world to legalize same-sex marriage. [2] [3]
Civil unions providing some of the rights and benefits of marriage have been available nationwide since 2015. Before this, some jurisdictions had enacted civil union laws, including the Autonomous City of Buenos Aires and the province of Río Negro.
In the first decade of the 21st century, civil unions (Spanish : unión civil or unión convivencial) were legalized in four jurisdictions in Argentina: the Autonomous City of Buenos Aires (2002), [4] the province of Río Negro (2003), [5] the city of Villa Carlos Paz (2007), [6] and the city of Río Cuarto (2009). [7] Civil unions provide some of the rights granted to married couples and can only be entered into by couples who have lived together for a given time, usually one or two years.
Civil unions were legalized nationwide on 1 August 2015 when the Civil and Commercial Code (Código Civil y Commercial), which replaced the former Civil Code of Argentina, came into effect. [8] The Code was approved by Parliament in October 2014 and promulgated by President Fernández de Kirchner on October 7, 2014. Couples in civil unions have access to hospital visitation rights, and inheritance and pension rights, among other rights and benefits. [9] [10]
On August 19, 2008, the Government of Argentina announced that it was allowing cohabiting same-sex couples who have lived together for over five years the right to collect the pensions of their deceased partners. This was the first time that unregistered cohabitation or rights for same-sex partners were recognized nationwide. [11] Consequently, four Argentine labor unions extended National Security System medical benefits to employees' same-sex partners (the system operates jointly with unions in the health care area); the benefits are available to members of teacher, commerce employee, executive, and air-transport personnel unions. In December 2005, a judge ordered prisons across the province of Córdoba to authorize conjugal visits for all gay prisoners and allow sexual relations between inmates who develop relationships in prison. [12] [13]
Two weeks before the 2009 mid-term elections, Justice Minister Aníbal Fernández issued a statement saying that he was in favor of starting a same-sex marriage debate in Congress, that a gender-neutral law would "end discrimination", and that "many people are demanding it". Fernández also said that former President Néstor Kirchner, husband of President Cristina Fernández de Kirchner, supported having a wider discussion on same-sex marriage in the country. President Fernández de Kirchner's position on same-sex marriage was unknown at the time. Justice Minister Fernández said he was presently "working toward" presenting a draft law to Congress, and that his ministry must first "evaluate all the different aspects of the issue". [14] The draft bill was never presented. At this time, LGBT groups gradually won over members of the Chamber of Deputies to their cause, aided by the decentralized nature of congressional parties which allowed advocacy groups to post incremental gains. [15]
In late 2009, the Argentine Congress considered two proposals, sponsored by Silvia Augsburger (Socialist Party) and Vilma Ibarra (New Encounter), to amend the Civil Code to permit same-sex marriages. Ibarra and Augsburger later agreed to unify their separate initiatives into one draft law. On October 27, 2009, the same-sex marriage bill was debated in the Chamber of Deputies' General Law Committee and the Committee on Family, Women, Children and Youth. [16] [17] [18] [19] Ibarra expressed her desire to have same-sex marriage in Argentina approved by the end of 2009. [20] Debate on the bill continued on November 5 and on November 10, before being postponed and resuming in March 2010. [21] [22] [23] A survey taken at the time found that 70% of Argentines supported legalizing same-sex marriage. [24]
On April 15, 2010, the Chamber of Deputies' General Law Committee and the Committee on Family, Women, Children and Youth recommended the legalization of same-sex marriage. [25] [26] On May 5, 2010, the Chamber of Deputies passed the same-sex marriage bill by a vote of 126 to 110. [27] [28] [29] [30] On July 6, the Senate's General Law Committee recommended rejection of the bill. [31] The bill was originally scheduled to be voted on July 14. [32] After a marathon session that extended into the early hours of the next day, on July 15 the Senate passed the same-sex marriage bill by a vote of 33 to 27. [33] [34] [35] The bill was signed into law by President Cristina Fernández de Kirchner on July 21, [36] [37] [38] officially becoming the Marriage Equality Law (Spanish : Ley Matrimonio Igualitario, pronounced [lejmatɾiˈmonjoiɣwaliˈtaɾjo] ). [a] It was published in the Boletín Oficial de la República Argentina on July 22 and took effect that same day. [45] [46] The law grants same-sex couples all the rights and responsibilities of marriage, including the right to adopt children. The first marriage was performed on July 30, 2010, between Miguel Ángel Calefato and José Luis Navarro in Frías, Santiago del Estero. [47] [48]
The law also allows transgender people to marry their partners. The first such marriage occurred in San Miguel de Tucumán on August 3, 2010, between Juan Carlos Lizárraga and Rody Humano, a transgender woman who served as a councilwoman in Bella Vista. [49] [50] On July 27, 2012, a Buenos Aires couple, Alejandro Grinblat and Carlos Dermgerd, became the first men in Latin America to obtain double paternity of a newborn. [51] Their baby, Tobías, is the natural son of one of the two men and was born to a surrogate mother. He became the first person in Argentina with a birth certificate listing two fathers. [52]
On February 14, 2007, activists María Rachid and Claudia Castrosín Verdú filed a judicial appeal to declare articles 172 and 188 of the Civil Code unconstitutional for preventing same-sex couples from marrying. [53]
On November 12, 2009, a court in Buenos Aires approved the marriage of a same-sex couple, Alex Freyre and José María Bello, ruling that articles 172 and 188 of the Civil Code were unconstitutional. [54] [55] Chief of Government Mauricio Macri said he would not appeal the ruling, [56] [57] but the marriage was blocked on November 30 by another court, pending review by the Supreme Court. [58] In December 2009, the Governor of Tierra del Fuego, Fabiana Ríos, ordered the civil registry office to perform and register their marriage. On December 28, the two men were legally wed in Ushuaia, the provincial capital city, making them the first same-sex couple to marry in Latin America. [59] On April 14, 2010, the marriage was declared null and void, [60] [61] but it technically remained legal because the decision was not communicated to the parties. [62] The married couple said that they would appeal the court's decision if notified. [63] [64] The couple announced their divorce in 2015. Journalist Bruno Bimbi revealed that, although the men were both gay, they were not a couple and only acted as such as part of a plan to champion LGBT rights. [65]
On March 10, 2010, a judge in Buenos Aires declared a second same-sex marriage, between Damián Bernath and Jorge Esteban Salazar Capón, illegal. [66] On April 16, a third same-sex marriage between two women was annulled by a judge who ruled that Argentine law limited marriage to "a man and a woman". [67] [68] Administrative Judge Elena Liberatori later overturned that decision and declared the marriage valid, ordering the Civil Registry of Buenos Aires to deliver the marriage license to the court. [69]
Following the first legal same-sex marriage in December 2009, seven other same-sex couples were joined in legal matrimony in Argentina before the national law legalizing same-sex marriage took effect at the end of July 2010. [70] At that time, the Supreme Court was considering several cases concerning the right of same-sex couples to marry. [71] On July 2, 2010, some media reported that the Supreme Court had a prepared ruling in favor of Rachid and Castrosín's case filed in February 2007, but eventually decided not to release their ruling following the legalisation of same-sex marriage. [72] [73]
In July 2010, while the law was under consideration, Cardinal Jorge Bergoglio, the Archbishop of Buenos Aires (later Pope Francis), wrote a letter to Argentina's cloistered nuns in which he said: [74] [75]
In the coming weeks, the Argentine people will face a situation whose outcome can seriously harm the family…At stake is the identity and survival of the family: father, mother and children. At stake are the lives of many children who will be discriminated against in advance, and deprived of their human development given by a father and a mother and willed by God. At stake is the total rejection of God's law engraved in our hearts. [...] Let's not be naive: This is not a simple political fight; it is a destructive proposal to God's plan. This is not a mere legislative proposal (that's just its form), but a move by the father of lies that seeks to confuse and deceive the children of God… Let's look to St. Joseph, Mary, and the Child to ask fervently that they defend the Argentine family in this moment... May they support, defend, and accompany us in this war of God.
After L'Osservatore Romano reported this, several priests expressed their support for the law and one was defrocked. [75] Observers believe that the church's strident opposition and Bergoglio's language, which one political opponent characterized as "medieval, reactionary", [76] worked in favor of the law's passage and that Roman Catholic officials learned from their failed campaign against the same-sex marriage law to adopt a different tone in later debates on social issues such as parental surrogacy. [76] [77] As of 2005, more than three-fourths of Argentines identified themselves as Roman Catholics, but less than two-fifths of them attended religious service at least once a month. [78] Evangelical groups also joined the opposition. [33] [79]
By July 2012, about 5,800 same-sex marriages had occurred in Argentina according to the Federación Argentina de Lesbianas, Gays, Bisexuales y Trans, distributed by jurisdiction as follows: Buenos Aires (1,455), the Autonomous City of Buenos Aires (1,405), Santa Fe (664), Córdoba (632), Mendoza (389), Tucumán (199), Salta (178), Entre Ríos (128), Neuquén (101), San Juan (70), Misiones (64), Río Negro (64), La Pampa (58), Jujuy (56), Chaco (51), Catamarca (49), Chubut (47), Formosa (44), Santiago del Estero (42), San Luis (37), Santa Cruz (35), Corrientes (31), La Rioja (31), and Tierra del Fuego (14). [80] By July 2014, 9,362 same-sex marriages had been performed in Argentina. [81] [82]
By 2017, more than 16,200 same-sex marriages had taken place in Argentina; 4,286 and 3,836 same-sex marriages were performed in the Autonomous City of Buenos Aires and the province of Buenos Aires, respectively. [83] As Argentine law does not require couples who wish to wed to be Argentine nationals or residents of Argentina, many couples from abroad have come to Argentina to marry, including many couples from Chile and Paraguay. This has made Argentina, and especially Buenos Aires, a very popular marriage destination for same-sex couples. [84] By July 2018, 18,000 same-sex couples had married in Argentina. [85]
The following table shows the number of civil unions and marriages performed in the city of Buenos Aires. [86] [87] Figures for 2020 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic.
Year | Same-sex unions | Total unions | Same-sex marriages | Total marriages | ||||
---|---|---|---|---|---|---|---|---|
Female | Male | Total | Female | Male | Total | |||
2003 | 18 | 61 | 79 | 111 | - | - | - | - |
2004 | 22 | 72 | 94 | 163 | - | - | - | - |
2005 | 33 | 58 | 91 | 203 | - | - | - | - |
2006 | 38 | 65 | 103 | 342 | - | - | - | - |
2007 | 34 | 50 | 84 | 407 | - | - | - | - |
2008 | 33 | 84 | 117 | 397 | - | - | - | - |
2009 | 50 | 111 | 161 | 518 | - | - | - | - |
2010 | 19 | 44 | 63 | 555 | 110 | 283 | 393 | 13,390 |
2011 | 15 | 22 | 37 | 608 | 177 | 432 | 609 | 13,209 |
2012 | 15 | 27 | 42 | 605 | 132 | 294 | 426 | 12,667 |
2013 | 12 | 17 | 29 | 670 | 152 | 284 | 436 | 11,642 |
2014 | 10 | 25 | 35 | 636 | 157 | 278 | 435 | 11,478 |
2015 | 14 | 17 | 31 | 509 | 153 | 267 | 420 | 11,715 |
2016 | 13 | 15 | 28 | 591 | 182 | 280 | 462 | 11,630 |
2017 | 28 | 31 | 59 | 947 | 160 | 264 | 424 | 10,511 |
2018 | 38 | 76 | 114 | 1,480 | 198 | 321 | 519 | 10,893 |
2019 | 62 | 110 | 172 | 2,158 | 203 | 375 | 578 | 11,220 |
2020 | 16 | 31 | 47 | 755 | 104 | 144 | 248 | 3,877 |
2021 | 88 | 103 | 191 | 2,919 | 309 | 416 | 725 | 11,989 |
2022 | 388 | 464 | 852 | 13,426 |
Some small Christian denominations authorise the blessing of same-sex unions. The Waldensian Evangelical Church of the River Plate became the first denomination in Argentina to do so in 2006. [88] In 2006, a lesbian couple, Virgina Cortés and Jessica Schmukler, were blessed at the Danish Church of San Telmo in Buenos Aires, part of the Church of Denmark, the first blessing for a same-sex couple in Argentina. [89] The Evangelical Methodist Church in Argentina allows its clergy the "freedom to accompany" same-sex couples and to bless their unions. [90] In July 2016, Jesús Regules and Jonathan Díaz were married at the Iglesia Nuestra Señora del Valle in the town of San Roque near Maipú by an Anglican priest, the first church wedding for a same-sex couple in Argentina. [91] A few months earlier, a lesbian couple, Victoria Escobar and Romina Charur, were married at a Reform Jewish synagogue in Buenos Aires, marking the first Jewish same-sex wedding in Latin America. [92]
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [93] Bishop of San Isidro Óscar Vicente Ojea Quintana issued a statement on 30 December that "a brutal experience of abandonment by the Church that has done so much harm to us and that has alienated so many brothers and sisters. Living in an irregular situation or carrying out a homosexual union does not obscure many aspects of the lives of people who seek to be enlightened with a blessing and upon receiving it, this becomes the greatest possible good for these brothers since it leads to conversion." [94]
According to a Pew Research Center survey conducted between November 15, 2013, and January 8, 2014, 52% of Argentines supported same-sex marriage, while 40% were opposed. [95] [96] A 2015 Ipsos poll found that 59% of Argentines were in favour of same-sex marriage. A further 16% supported civil unions or other forms of legal recognition. [97]
A September–October 2016 survey by the Varkey Foundation found that 73% of 18–21-year-olds supported same-sex marriage in Argentina. [98]
The 2017 AmericasBarometer showed that 65% of Argentines supported same-sex marriage. [99] This level of support was the second highest among the 11 South American countries polled, behind neighboring Uruguay at 75%. A May 2021 Ipsos poll showed that 73% of Argentines supported same-sex marriage, 9% supported civil unions but not marriage, while 10% were opposed to all legal recognition for same-sex couples, and 8% were undecided. In addition, 20% of Argentines had already attended the wedding of a same-sex couple. [100]
A 2023 Ipsos poll showed that 70% of Argentines supported same-sex marriage, while 8% supported civil unions or other types of partnerships but not marriage, 14% were undecided and 8% were opposed to all recognition for same-sex couples. [101] A Pew Research Center poll conducted between February and May 2023 showed that 67% of Argentines supported same-sex marriage, 26% were opposed and 7% did not know or had refused to answer. When divided by age, support was highest among 18–34-year-olds at 75% and lowest among those aged 35 and above at 62%. Women (73%) were also more likely to support same-sex marriage than men (60%). [1]
This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Mexico expanded in the 21st century, keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.
Same-sex marriage has been legal in Chile since 10 March 2022. The path to legalization began in June 2021 when President Sebastián Piñera announced his administration's intention to sponsor a bill for this cause. The Chilean Senate passed the legislation on 21 July 2021, followed by the Chamber of Deputies on 23 November 2021. Due to disagreements between the two chambers of the National Congress on certain aspects of the bill, a mixed commission was formed to resolve these issues. A unified version of the bill was approved on 7 December 2021. President Piñera signed it into law on 9 December, and it was published in the country's official gazette on 10 December. The law took effect 90 days later, and the first same-sex marriages occurred on 10 March 2022. Chile was the sixth country in South America, the seventh in Latin America and the 29th in the world to legalize same-sex marriage.
Same-sex marriage has been legal in Uruguay since August 5, 2013. A bill for legalization was passed by the Chamber of Representatives on December 12, 2012, in a vote of 81–6. The Senate approved it with some minor amendments on April 2, 2013, in a 23–8 vote. The amended bill was approved by the Chamber of Representatives in a 71–21 vote on April 10 and was signed into law by President José Mujica on May 3, 2013. It took effect on August 5. Uruguay was the third country in South America, after Argentina and Brazil, and the fourteenth in the world to legalize same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Argentina rank among the highest in the world. Upon legalising same-sex marriage on 15 July 2010, Argentina became the first country in Latin America, the second in the Americas, and the tenth in the world to do so. Following Argentina's transition to a democracy in 1983, its laws have become more inclusive and accepting of LGBT people, as has public opinion.
Same-sex marriage is legally recognized and performed throughout Mexico since 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country. Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.
Same-sex marriage has been legal in Costa Rica since May 26, 2020 as a result of a ruling by the Supreme Court of Justice. Costa Rica was the first country in Central America to recognize and perform same-sex marriages, the third in North America after Canada and the United States, and the 28th to do so worldwide.
Same-sex marriage has been legal in Colombia since 28 April 2016 in accordance with a 6–3 ruling from the Constitutional Court that banning same-sex marriage is unconstitutional under the Constitution of Colombia. The decision took effect immediately, and made Colombia the fourth country in South America to legalize same-sex marriage, after Argentina, Brazil and Uruguay. The first same-sex marriage was performed in Cali on 24 May 2016.
Laws governing lesbian, gay, bisexual, transgender and queer (LGBTQ) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.
Same-sex marriage has been legal in Ecuador since 8 July 2019 in accordance with a Constitutional Court ruling issued on 12 June 2019 that the ban on same-sex marriage was unconstitutional under the Constitution of Ecuador. The court held that the Constitution required the government to license and recognise same-sex marriages. It focused its ruling on an advisory opinion issued by the Inter-American Court of Human Rights in January 2018 that member states should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". The ruling took effect upon publication in the government gazette on 8 July.
Same-sex marriage has been legal in Spain since July 3, 2005. In 2004, the nation's newly elected government, led by Prime Minister José Luis Rodríguez Zapatero of the Socialist Workers' Party, began a campaign to legalize same-sex marriage, including the right of adoption by same-sex couples. After much debate, a law permitting same-sex marriage was passed by the Cortes Generales by a vote of 187–147 on June 30, 2005, and published on July 2. The law took effect the next day, making Spain the third country in the world to allow same-sex couples to marry on a national level, after the Netherlands and Belgium, and 17 days ahead of the right being extended across all of Canada.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Bolivia have expanded significantly in the 21st century. Both male and female same-sex sexual activity and same-sex civil unions are legal in Bolivia. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world.
Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Tribunal. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) is obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023. The ruling made Bolivia the seventh country in South America to recognise same-sex unions.
Same-sex marriage is legal in Mexico City, having been approved by its Legislative Assembly on 21 December 2009, and signed into law by Head of Government Marcelo Ebrard on 29 December 2009. The law became effective on 4 March 2010. Mexico City was the first jurisdiction in Mexico to legalize same-sex marriage, and the first in Latin America to do so, followed by Argentina in July 2010.
Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel.
Same-sex marriage has been legal in Chihuahua since 12 June 2015. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Chihuahua, more than 20 individual amparos were decided with the same outcome, yet the Congress did not act. In anticipation of the Supreme Court of Justice of the Nation ordering the Congress to act, Governor César Duarte Jáquez announced on 11 June that there would be no further prohibition in the state. Marriage licenses became available the following day, 12 June 2015. Chihuahua was the third Mexican state to legalize same-sex marriage, after Quintana Roo and Coahuila. The gubernatorial policy was continued by María Eugenia Campos Galván in 2021.
Same-sex marriage has been legal in Nayarit since 23 December 2015. A bill for the legalization of same-sex marriages was approved by the state Congress on 17 December in a 26–1 vote with 1 abstention. The law was published in the official state journal on 22 December and took effect the following day. Nayarit was the fourth Mexican state to legalise same-sex marriage after Quintana Roo, Coahuila and Chihuahua.
Same-sex marriage has been legal in Colima since 12 June 2016. On 25 May 2016, a bill to legalise same-sex marriage passed the Congress of Colima and was published as law in the state's official journal on 11 June. It came into effect the next day. Colima had previously recognized same-sex civil unions, but this "separate but equal" treatment of granting civil unions to same-sex couples and marriage to opposite-sex couples was declared discriminatory by the Supreme Court of Justice of the Nation in June 2015. Congress had passed a civil union bill in 2013 but repealed it in 2016 shortly before the legalization of same-sex marriage.
Same-sex marriage has been legal in Querétaro since 13 November 2021. On 22 September 2021, the Legislature of Querétaro passed a law legalizing same-sex marriage. The law was published in the state's official gazette on 12 November, and took effect the following day. Previously, same-sex couples could marry in eight of the eighteen municipalities of Querétaro, comprising 60% of the state's population, despite a state law prohibiting same-sex marriage.
Same-sex marriage is legal in Aguascalientes in accordance with a ruling from the Supreme Court of Justice of the Nation on 2 April 2019 that the state's ban on same-sex marriage violated Articles 1 and 4 of the Constitution of Mexico. The ruling came into effect upon publication in the Official Gazette of the Federation on 16 August 2019, legalizing same-sex marriage in Aguascalientes.
medieval, oscurantista