Same-sex marriage in Argentina has been legal since July 22, 2010.

Argentina was the first country in Latin America and the second in the Americas to allow same-sex marriage nationwide.[1] It was the tenth country worldwide to allow same-sex marriage.[2]

Civil union Edit

In the first decade of the 21st century, civil unions were made legal in four jurisdictions in Argentina: the Autonomous City of Buenos Aires (since 2002),[3] the Province of Río Negro (2003),[4] the city of Villa Carlos Paz (2007),[5] and the city of Río Cuarto (2009).[6] 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.

Unregistered cohabitation Edit

On August 19, 2008, the Argentine government 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.[7] Four Argentine labor unions have now extended National Security System medical benefits to employees' same-sex partners (the system operates jointly with unions in the health care arena); 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.[8][9]

Same-sex marriage Edit

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, late husband of current 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."[10] The bill was never presented.

In late 2009, the Argentine Congress considered two proposals, sponsored by Silvia Augsburger and Vilma Ibarra, to change Article 172 of the Civil Code. On October 27, 2009, the same-sex marriage bills were debated in the Chamber of Deputies' General Law Committee and the Committee on Family, Women, Children and Youth.[11][12][13][14][15] Ibarra expressed her desire to have same-sex marriage in Argentina approved by the end of 2009.[16] Debate on the bills continued on November 5 and on November 10, before being postponed and resuming in March 2010.[17][18][19] A survey taken at the time found that 70% of Argentines supported legalizing same-sex marriage.[20]

On April 15, 2010, the Chamber of Deputies' General Law Committee and the Committee on Family, Women, Children and Youth recommended implementation of same-sex marriage.[21][22] On May 5, 2010, the Chamber of Deputies passed the same-sex marriage bill that also allowed same-sex couples to adopt, by a vote of 125 to 109.[23][24][25] On July 6, the Senate's General Law Committee recommended rejection of the bill.[26] The bill was originally scheduled to be voted on July 14,[27] After a marathon session that went 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.[28][29][30] On July 21, President Cristina Fernández de Kirchner signed the bill into law.[31][32][33] On July 22, the law was published in the Official Gazette.[34][35] The law grants for same-sex couples all the rights and responsibilities of marriage, including the right to adopt children.[36] The first marriages were performed on July 30, 2010.[37][38]

A total of 5,839 same-sex marriages were performed in the first two years following the law's enactment.[39] 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.[40] 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 the world with a birth certificate listing two fathers.[41]

Judicial rulings Edit

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.[42][43] The city Chief of Government, Mauricio Macri, said he would not appeal the ruling,[44][45] but the marriage was blocked on November 30 by another court, pending review by the Supreme Court of Argentina.[46] In December 2009, the Governor of Tierra del Fuego Province, 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.[47] On April 14, 2010, the marriage was declared null and void,[48][49] but it technically remains legal because the decision was not communicated to the parties.[50] The married couple said that they would appeal the court's decision if notified.[51][52]

On March 10, 2010, a judge in Buenos Aires declared a second same-sex marriage, between Damián Bernath and Jorge Esteban Salazar Capón, illegal.[53] On April 16, a third same-sex marriage between two women was annulled by a judge who ruled that the Buenos Aires Civil Registry limits marriage to a man and a woman.[54][55] Administrative Judge Elena Liberatori later overturned that decision and ruled the marriage between the two women valid, ordering the Civil Registry of Buenos Aires to deliver the marriage certificate to the court.[56]

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.[57] The Supreme Court of Argentina was hearing several cases concerning the right of same-sex couples to marry.[58] On July 2, 2010, some media reported that the Supreme Court had a prepared ruling concerning María Rachid and Claudia Castro's case that declared articles 172 and 188 of the Civil Code unconstitutional.[59][60]

Opposition to the legislation Edit

In July 2010, while the law was under consideration, Cardinal Jorge Bergoglio, the Archbishop of Buenos Aires (later to become Pope Francis), wrote a letter to Argentina's cloistered nuns in which he said:[61][62]

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 it's 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.[62] Observers believe that the church's strident opposition and Bergoglio's language, which one political opponent characterized as "medieval, reactionary",[63] 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.[63][64] As of 2005, more than three-fourths of Argentines identified themselves as Roman Catholics, but less than two-fifths of them attended a religious service at least once a month.[65]

Evangelical groups also joined the opposition.[28][66]

See also Edit

References Edit

  1. Forero, Juan. "Argentina becomes second nation in Americas to legalize gay marriage",, July 15, 2010. Retrieved on July 15, 2010. 
  2. Fastenberg, Dan (July 22, 2010). International Gay Marriage. Time. Retrieved on November 20, 2011.
  3. "Same-sex couples legal in BA" (March 2010). Buenos Aires Herald. 
  4. Español:
    "En 5 años, sólo 10 parejas gays pasaron por el Registro Civil" (February 3, 2008). Diario Río Negro. 
  5. Español:
    "Córdoba: aprueban la unión civil entre homosexuales en Villa Carlos Paz" (November 23, 2008). Diario Clarín. 
  6. Español:
    Río Cuarto: aprueban la unión civil de parejas gays, May 7, 2009
  7. Argentina grants gay couples partner pensions, CNN, August 19, 2008
  8. Judge OKs conjugal visits for gay prisoners. Retrieved on November 20, 2011.
  9. Homosexual Rights Around The World. (December 10, 2005). Retrieved on November 20, 2011.
  10. Aníbal Fernández supports parliamentary debate on same-sex marriages. Retrieved on July 16, 2010.
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  12. Stonewall, National. Argentina's Quest for Marriage Equality. Retrieved on July 16, 2010.
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    Matrimonio homosexual, un derecho en discusión. Retrieved on July 16, 2010.
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    Diputados: la ley del matrimonio gay se postergó para el 2010 (November 10, 2009). Retrieved on July 16, 2010.
  20. Long Brenhaug (July 10, 2010). Congress begins to debate gay marriage. M24 Digital. Retrieved on July 16, 2010.
  21. Español:
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  22. Español:
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  28. 28.0 28.1 Warren, Michael. "Argentina legalizes gay marriage in historic vote", Google News, July 15, 2010. Retrieved on July 15, 2010. Archived from the original on July 20, 2010. 
  29. Dwyer Arce (July 15, 2010). Argentina Senate passes same-sex marriage legislation. JURIST – Paper Chase.
  30. Upper House approves same-sex marriage bill after marathon-like debate. (July 13, 2010). Retrieved on November 20, 2011.
  31. CFK enacts same-sex marriage law, says 'we live in a more equal society'. (July 21, 2010). Retrieved on November 20, 2011.
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  33. Argentina's gay marriage law signed by president. Retrieved on November 20, 2011.
  34. Español:
    Boletin Oficial de la Republica Argentina Buenos Aires, jueves 22 de julio de 2010
  35. Español:
    Se publicó en el Boletín Oficial la ley de matrimonio homosexual
  36. Mail Foreign Service (July 15, 2010). Argentina defies Catholic Church and becomes first Latin America country to legalise gay marriage. Daily Mail. Retrieved on November 20, 2011.
  37. BA couple becomes first same-sex marriage in the city. (July 30, 2010). Retrieved on November 20, 2011.
  38. Argentine gay couple tie knot under new marriage law. BBC (July 30, 2010). Retrieved on November 20, 2011.
  39. A 2 años del matrimonio igualitario, ya se casaron 6 mil parejas homosexuales. Clarín (July 12, 2012).
  40. Gay couple's baby a first in Argentina. CNN (August 6, 2012).
  41. Tobias, the first baby in the world recorded in the registry office with two dads. M24 Digital (July 31, 2012).
  42. Argentine Court Opens Door To Gay Marriage. (November 14, 2009). Retrieved on July 16, 2010.
  43. Judge authorizes Argentina's first gay marriage. M24 Digital. Retrieved on 2010-07-16.
  44. "Buenos Aires mayor won't appeal same-sex ruling", CNN, November 14, 2009. Retrieved on July 16, 2010. 
  45. Macri will not appeal the ruling that enabled a gay wedding. M24 Digital. Retrieved on July 16, 2010.
  46. "Argentine judge stops gay marriage", BBC News, November 30, 2009. 
  47. "Argentine gay couple becomes first in region to marry", BBC News, December 29, 2009. Retrieved on October 1, 2010. 
  48. Posted by Andrés Duque (April 14, 2010). Argentina: Tierra del Fuego court annuls first Latin American same-sex marriage. Retrieved on July 16, 2010.
  49. Duque, Andrés. "Argentina: Tierra del Fuego court annulls first Latin American same-sex marriage", April 14, 2010. Retrieved on March 14, 2013. 
  50. Español:
    Abogada de pareja gay asegura que "el matrimonio está vigente". Retrieved on 2010-07-16.
  51. Español:
    El primer matrimonio gay aseguró no haber recibido la notificación sobre la "inexistencia" del enlace. La Nación (July 14, 2010). Retrieved on July 15, 2010.
  52. Español:
    Boda gay: "Seguimos legalmente casados". 26Noticias. Retrieved on July 15, 2010.
  53. Argentina judge revokes same-sex 'marriage' decision. Retrieved on July 16, 2010.
  54. Judge declares "null and non existent" first lesbian marriage in Argentina. (April 17, 2010). Retrieved on July 16, 2010.
  55. Argentine Judges Nix Gay Nuptials. (April 18, 2010). Retrieved on July 16, 2010.
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  57. Eighth Gay Couple Marries In Argentina. (June 30, 2010). Retrieved on July 19, 2010.
  58. Español:
    El matrimonio gay en Argentina podría tener luz verde si la Corte autoriza dos casos. Frecuencia Gay (November 21, 2009). Retrieved on July 15, 2010.
  59. Español:
    Matrimonio homosexual: Corte Suprema ya tendría escrito el fallo a favor
  60. Español:
    La Corte Suprema ya tendría preparado un fallo a favor del matrimonio gay
  61. Pentin, Edward. "Cardinal Bergoglio Hits Out at Same-Sex Marriage", 8 July 2010. Retrieved on 14 March 2013. 
  62. 62.0 62.1 Feder, J. Lester. "Pope Francis Brings Lessons Of Argentina's Marriage Fight To Rome", 13 March 2013. Retrieved on 14 March 2013. 
  63. 63.0 63.1 Template:SpAbrevaya, Sebastian. ""Se abroquelan para defender privilegios"", 27 August 2012. Retrieved on 14 March 2013. "medieval, oscurantista" 
  64. Template:SpDe Vedia, Mariano. "La carta de Bergoglio, un error estratégico", 16 July 2010. Retrieved on 14 March 2013. 
  65. Argentina. National Profiles. Association of Religion Data Archives. Retrieved on 14 March 2013.
  66. Español:
    Primera Encuestra Sobre Creencias y Actitudes Religiosas en Argentina

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