Same-sex marriage Same-sex marriage in Argentina




1 same-sex marriage

1.1 judicial rulings
1.2 opposition legislation
1.3 statistics
1.4 public opinion





same-sex marriage

recognition of same-sex unions in south america












crowd in support of same-sex marriage in buenos aires.


two weeks before 2009 mid-term elections, justice minister aníbal fernández issued statement saying in favor of starting same-sex marriage debate in congress, gender-neutral law end discrimination , , many people demanding it. fernández said former president néstor kirchner, late husband of @ moment president cristina fernández de kirchner, supported having wider discussion on same-sex marriage in country. president fernández de kirchner s position on same-sex marriage unknown @ time. justice minister fernández said presently working toward presenting draft law congress, , ministry must first evaluate different aspects of issue. bill never presented. @ time, lgbt rights groups gradually won on members of chamber of deputies cause, aided decentralized nature of congressional parties allowed advocacy groups post incremental gains.


in late 2009, argentine congress considered 2 proposals, sponsored silvia augsburger (socialist party) , vilma ibarra (nuevo encuentro), change article 172 of civil code. on october 27, 2009, same-sex marriage bills debated in chamber of deputies general law committee , committee on family, women, children , youth. ibarra expressed desire have same-sex marriage in argentina approved end of 2009. debate on bills continued on november 5 , on november 10, before being postponed , resuming in march 2010. survey taken @ time found 70% of argentines supported legalizing same-sex marriage.


on april 15, 2010, chamber of deputies general law committee , committee on family, women, children , youth recommended implementation of same-sex marriage. on may 5, 2010, chamber of deputies passed same-sex marriage bill allowed same-sex couples adopt, vote of 125 109. on july 6, senate s general law committee recommended rejection of bill. bill scheduled voted on july 14, after marathon session went hours of next day, on july 15 senate passed same-sex marriage bill vote of 33 27. on july 21, president cristina fernández de kirchner signed bill law. on july 22, law published in official gazette , took effect same day. law grants same-sex couples rights , responsibilities of marriage, including right adopt children. first marriages performed on july 30, 2010.


on july 27, 2012, buenos aires couple, alejandro grinblat , carlos dermgerd, became first men in latin america obtain double paternity of newborn. baby, tobías, natural son of 1 of 2 men , born surrogate mother. became first person in argentina birth certificate listing 2 fathers.


judicial rulings

on november 12, 2009, court in buenos aires approved marriage of same-sex couple, alex freyre , josé maría bello, ruling articles 172 , 188 of civil code unconstitutional. city chief of government, mauricio macri, said not appeal ruling, marriage blocked on november 30 court, pending review supreme court. in december 2009, governor of tierra del fuego province, fabiana ríos, ordered civil registry office perform , register marriage. on december 28, 2 men legally wed in ushuaia, provincial capital city, making them first same-sex couple marry in latin america. on april 14, 2010, marriage declared null , void, technically remained legal because decision not communicated parties. married couple said appeal court s decision if notified. couple started divorce in 2015. journalist bruno bimbi revealed that, although men both gay, not couple , acted such part of plot champion lgbt rights.


on march 10, 2010, judge in buenos aires declared second same-sex marriage, between damián bernath , jorge esteban salazar capón, illegal. on april 16, third same-sex marriage between 2 women annulled judge ruled buenos aires civil registry limits marriage man , woman. administrative judge elena liberatori later overturned decision , ruled marriage between 2 women valid, ordering civil registry of buenos aires deliver marriage certificate court.


following first legal same-sex marriage in december 2009, 7 other same-sex couples joined in legal matrimony in argentina before national law legalizing same-sex marriage took effect @ end of july 2010. supreme court hearing several cases concerning right of same-sex couples marry. on july 2, 2010, media reported supreme court had prepared ruling concerning maría rachid , claudia castro s case declared articles 172 , 188 of civil code unconstitutional.


opposition legislation

in july 2010, while law under consideration, cardinal jorge bergoglio, archbishop of buenos aires (later pope francis), wrote letter argentina s cloistered nuns in said:



in coming weeks, argentine people face situation outcome can harm family…at stake identity , survival of family: father, mother , children. @ stake lives of many children discriminated against in advance, , deprived of human development given father , mother , willed god. @ stake total rejection of god s law engraved in our hearts.




let s not naive: not simple political fight; destructive proposal god s plan. not mere legislative proposal (that s form), move father of lies seeks confuse , deceive children of god… let s st. joseph, mary, , child ask fervently defend argentine family in moment... may support, defend, , accompany in war of god.



after l osservatore romano reported this, several priests expressed support law , 1 defrocked. observers believe church s strident opposition , bergoglio s language, 1 political opponent characterized medieval, reactionary , worked in favor of law s passage , roman catholic officials learned failed campaign against same-sex marriage law adopt different tone in later debates on social issues such parental surrogacy. of 2005, more three-fourths of argentines identified roman catholics, less two-fifths of them attended religious service @ least once month.


evangelical groups joined opposition.


statistics

the number of same-sex couples wed in argentina in following years distributed jurisdiction follows:



a total of 9,362 same-sex marriages performed in first 4 years following law s enactment. of these, 2,683 celebrated in autonomous city of buenos aires , 1,998 in province of buenos aires.


seven years after same-sex marriage legislation approved, more 16,200 same-sex marriages had taken place in argentina. 4,286 , 3,836 same-sex marriages performed in autonomous city of buenos aires , province of buenos aires, respectively. argentine law not require married couple argentinian or residents of argentina, many couples abroad have come argentina marry, including many couples chile , paraguay.


public opinion

according pew research center survey, conducted between november 15, 2013 , january 8, 2014, 52% of argentines supported same-sex marriage, 40% opposed.








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