A notary in Río de Janeiro has registered a polygamous union of two women and a man for the first time in Brazil. Claudia do Nascimento Domingues awarded family rights to the polygamous group who have been living together in the country for three years. Domingues claims there is nothing in law to prevent such a union, which is not a marriage but a “public declaration of a stable polygamous union.” However the decision has riled religious groups, with one lawyer calling it “absurd and totally illegal”.

The union was formalised three months ago but only announced to the public this week. The three awarded the union have declined to speak to the press. However according to the notary they have been living together, sharing household costs and maintaining a relationship of “loyalty and companionship for more than three years.”

According to Domingues, “We are not inventing anything here, we are only recognising what has always existed.”

“We have seen big changes in the concept of a family in the past few years” she said, speaking from her home town of Tupa in Sao Paulo, “in my opinion this union does not affect the rights of other people.”

According to Nathaniel Santos Batista Junior, a jurist who helped draft the civil union, the group sought legal recognition of their relationship in order to secure their rights in the case of death or separation.  The legal document specifies the wills of each party and features clauses detailing what happens to the members’ pensions and how to divide benefits, health care and property in the case of separation or the death of a partner.

The document does not include provisions for any children the group may have. According to Domingues, those decisions will have to be made on a case by case basis, by a judge.

While it has been registered by a notary however, the document may not be upheld by the court and other organisations, particularly private companies such as health care providers.

Despite this, Domingues is hoping the case will prove a precedent for future civil unions of this nature. The notary studied polygamous unions and the demise of traditional family forms for her PhD thesis at the University of São Paulo and wants to enshrine legal rights for these unions in Brazilian law.

“Studying these families made me want to see how I could help them in my career as a notary and legally register these groupings which already exist,” she said.

The legal status of polygamy varies worldwide but it is accepted in nearly 50 countries, mainly Muslim or African states. Polygamy is legal in Australia and unions are accepted in the UK if the marriage was performed elsewhere.

Brazil has a precedent for a liberal legal attitude to marriage and gay unions, having passed a bill in 2011 to award gay couples the same rights as heterosexual couples. However many religious groups have reacted furiously to the new civil union.

The National Institute Against Discrimination, Xenophobia and Racism (Inadi) announced yesterday that a civil union law currently being debated in the Argentine senate would infringe civil rights and violate the country’s anti-discrimination laws, making it unconstitutional. Nine senators proposed the civil union law last week as an alternative to same-sex marriage, which they oppose.

Though Inadi’s decision is non-binding, it will be considered in upcoming debate in the senate, and can be used in future court cases should the civil union law pass. The group’s evaluation warned that the proposed legislation could lead to lawsuits against the state.

“Someone who suffers an act of discrimination can demand moral or material compensation,” Claudio Morgado, Inadi director, told the Buenos Aires newspaper Página 12. “It’s our job to prevent discriminatory acts.”

Inadi’s main objections to the proposed legislation were that it would not automatically give same-sex couples the same automatic access to social services that married persons receive; that it would prevent co-adoption; and that it would establish a “conscious objection” clause so that Civil Registry employees who oppose same-sex unions would not be required to grant them.

Civil unions have actually been legal in Argentina since 2002, but this new legislation would make them recognized in every province.

The proposed legislation was largely influenced by recommendations from the Catholic Church. After the Argentine senate began debating same-sex marriage on 1^st June, the Church recognized strong possibility that these marriages could become legal, and changed their tactic from outright opposition to favouring civil unions that would confer some rights to same-sex couples but specifically prohibit others. The biggest concern for Church leaders was preventing same-sex adoption, but they also strongly advocated the “conscious objection” clause.

But despite the introduction of the civil union ‘alternative’, Catholic, Evangelical, and other religious groups have organized rallies in seven provinces to protest same-sex marriage today.

In Buenos Aires, the protesters will march on the National Congress at 6:30pm, holding signs with the slogan “children have the right to a mom and dad”.

“It’s not against anyone, but rather in favour of marriage between one man and one woman, like the civil code establishes, and for the well-being of children,” Gastón Bruno, vice president of the Christian Alliance of Evangelical Churches (ACIERA), said. ACIERA is one of the principle organizers of the march.

A number of same-sex marriages have been performed in Argentina since last December, but subsequent court cases have retroactively annulled most of the unions.

Last Friday Norma Castillo and Ramona Arévalo celebrated Argentina’s first lesbian wedding. For the couple, both of who are 67 years old and who have been together for over 30 years, the change was a long time coming. However, after years of inequality, it seemed like a turning point had arrived, not just in Argentina, but in several countries across the continent.

In December 2009 Mexico City became the first Latin American jurisdiction to legalise gay marriage and last month the first same-sex weddings were held in the country’s Federal District. On 7th April an international court ruling in favour of a lesbian judge in Chile has been hailed as an important step in the fight for equality. Positive reactions from across Latin America to Ricky Martin officially announcing his homosexuality are also widely seen as progressive.

However, there is still long way to go before total equality is achieved. In Argentina, it was announced today that Castillo and Arévalo’s wedding has been annulled, and the legality of the other gay weddings in the country are being disputed. In a continent dominated by the Catholic Church, whose staunch opposition to homosexuality is well known, this is just one of a number of challenges to be faced. With high-profile cases of violence against homosexuals being reported in Mexico and Argentina, and the expulsion of a gay officer from the Brazilian military, the fight is certainly not over yet.

Gay Marriage

On the 12th March this year, Mexico City became the first Latin American jurisdiction to fully legalise gay marriage and adoption. Three pairs of women and two of men were married under a new law, which, according to the judge who performed the ceremony, meant that “two people, regardless of sexual orientation, or gender identity could get married, simply because they are people.” The new legislation, passed by the Federal District’s predominantly left-leaning parliament, also give gay couples full rights to adopt children.

Shortly after the ceremonies in Mexico, a number of gay weddings were performed in Argentina. However, same-sex marriage in the country is still on shaky ground as, unlike Mexico, there are still no binding, state-wide laws, and the unions depend individual, and often contradictory, court rulings. The initial judgement legalising the first same-sex marriage in Argentina last year was disputed, and a wedding between two men was called off on 1st December 2009. The legality of gay marriage in Argentina continues to be challenged, and on Wednesday it was reported that a judge from Tierra del Fuego had officially annulled the marriage between Alex Freyre y José María Di Bello, which took place in Ushuaia on 28th December. Two other same-sex marriages that took place in Buenos Aires have also been annulled.

Nevertheless, the legality of the annulments is also strongly disputed by gay rights groups. María Rachid, president of the Argentine Federation of Lesbians. Gays, Bisexuals and Trans-sexuals (FALGBT) commented to The Argentina Independent: “In reality, all the weddings that were celebrated are valid. None of them have been annulled, as is written in the press. It’s not true.”

Photo by Sebastián Dario

Proponents of Gay Marriage at the 2008 Pride Parade in Buenos Aires

What is clear is that the maze of court rulings is so complex that the current status of gay marriage in Argentina is difficult to decipher. However, an important advance was made last Thursday to clarify the situation, as a proposal was submitted to parliament to introduce a law, legalising gay marriage nationwide. Despite setbacks, Rachid remains upbeat about the progress of gay marriage in Argentina “the media is in favour, most civil servants and politicians are in favour, people are in favour.” She believes that the only real obstacle to same-sex weddings are “religious fundamentalists from the Catholic Church”. For this reason, she thinks legislation will be passed guaranteeing homosexuals equal rights to marry “very soon. If not this year, then the next.”

There are now several countries across Latin America that offer some form of gay marriage or same-sex union. Rachid suggests that the movement was very much inspired by gay marriage being legalised in Spain 2005: “we learned so much from their experience,” she confirms. In 2008 Uruguay became the first Latin American country to pass a law legalising civil unions for homosexual couples. In 2009 it was followed by legislation in Colombia and Ecuador. Moreover, last week was the seven-month anniversary of a ruling in Uruguay, which opened the way for gay couples to adopt children.

However, even in countries where gay marriage or civil unions available, there are still important economic and social rights that are lacking. For example, while the Colombian civil unions offer multiple benefits, including full inheritance rights, health benefits, immigration rights and recognition in court, gay couples are still not allowed to adopt children. The same is true in Ecuador and in the regions of Argentina where civil unions, but not gay marriages, are legal. Carlos Franco, the 38-year-old owner of two gay cafes in Buenos Aires is of the opinion that the legalisation of gay marriage in some areas is positive, “but what will be more interesting is whether other rights follow, economic rights, inheritance…”

Progress in Chile

This was also an important month for gay rights in Chile, as it saw a ruling by the Interamerican Court of Human Rights (CIDH), which stated that lesbian judge Karen Atala, had suffered discrimination when she lost custody of her three children in 2004 for being in a relationship with another woman. The CIDH, which is part of the Organisation of American States, ordered for Atala to be fully compensated. It also recommended that Chile adopt “legislation, public policies, programs and directives to prohibit and eradicate discrimination on the basis of sexual orientation in every aspect of the exercise of public power.” In response, Chile’s new president Sebastián Piñera, said that he would establish a panel to take important measures against discrimination and he announced that he wanted to “protect the rights of all people, without discrimination, regardless of their sexual orientation.”

Nevertheless, other members of the government were considerably more vague in their support of gay rights, for example minister Ena von Baer, who stated “the government is not going to discriminate against anyone for their ethnic origin, religious beliefs or sexual orientation, and at the same time we are concerned with protecting the rights of children.”

The ruling of the CIDH has yet to bring any concrete results, but it was nevertheless hailed by Atala’s partner, Emma de Ramón, as a “generally vindicating judgement for lesbians, for lesbian mothers and for the whole community.” It is certainly a progressive step for a country with one of the most conservative government in the continent, where homosexual acts were not legalised until 1998.

Violence against Homosexuals

However, while progress is being made in some sectors, homophobia is still a persistent problem in countries across Latin America. One recent case in Argentina was the murder of the 27-year-old Natalia Noemí Gaitán by her lover’s stepfather in Córdoba last month. Gaitán was shot dead by Daniel Toledo, who objected to his stepdaughter leaving home to live with Gaitán and who is said to have accused the 27-year-old of “perverting” the younger girl. In the aftermath of the murder, Gaitán’s mother commented to Argentine daily Página 12 “we are used to discrimination, but we never imagined that an animal could commit such a horrible act…they killed her like a dog.”

The lawyer Natalia Milisenda, who participated in the Conference for Diversity in Córdoba assured the Argentine paper Clarín: “this is a case of gender violence, which is not recognised in public policies, but which victimises many lesbian women, simply for the fact that they are women and that they are freely exercising their sexuality.”

Similar homophobic violence has been recently recorded in Mexico. At the end of last month, 500 lesbians marched through the Mexican capital, protesting about violence against homosexual women. The news agency Púlsar recorded that in 2009, 115 women were killed and 16 disappeared in the city of Juárez alone.

Rachid talks about other examples of difficulties faced by homosexuals in everyday life in Argentina: “First of all with education at school when girls and boys are discovering their sexuality or their gender identity. In the family…in work, in institutions, with respect to the attitude of the police in some provinces, there’s a lot of discrimination.”

Conservative Protest

As well as homophobic individuals, a more formidable obstacle to gay rights is institutional resistance. The most significant opposition to homosexual rights comes from conservative groups and the Catholic Church. One of the most vocal opponents to gay marriage in Mexico was the conservative Partido Acción Nacional (PAN), of which the Meixcan President Felipe Calderón is a member. PAN and other right-of-centre organisations presented a case to the Supreme Court to overturn the bill which legalised gay marriage in the capital, arguing that it violated the rights of the family, which are guaranteed by the constitution. Likewise, Enrique Anaya, a member of the ‘Group for the Defence of the Family and Values’ carried out a protest against gay marriage because he believed that it “broke the concept of a family.”

Photo by Luiz Baltar

March in Brazil over seen by the Military

Criticism of gay marriage from religious and Catholic groups has in some cases been even more hyperbolic: after the first gay marriage took place in Argentina, the bishop of the city Río Gallegos, in Tierra del Fuego, described the ceremony as an “attempt against the survival of the human race.”

Photo courtesy of Bambi 2009

Ricky Martin

Opposition to gay rights can also be found in the armies of many Latin American nations: last month in Brazil Lieutenant Cornel Osvaldo Brandao Sayd was discharged from the military for having a relationship with another man. According to the Superior Military Tribunal (STM), his relationship, “caused negative reactions” in public opinion, that were “incompatible with military decorum.” Despite the fact the judgement was condemned by the Attorney General of Military Justice as “discriminatory”, it has not been overturned.

However, even in conservative areas there are some hints of progress. After the Puerto Rican singer Ricky Martin formally announced his homosexuality last week, the Archbishop of his native San Juan, Roberto González, made a statement saying that he respected the singer’s decision to come out. The Catholic leader asserted that the dignity of a human being did not depend on his “particular characteristics” but on the fact that he was a child of God. Moreover a judgement passed in Colombia granting the partners of gay officers serving in the military all the benefits that were previously limited to heterosexuals is more tangible evidence of progress.

Nevertheless, despite some progressive developments, there are still doubts about how far conservative forces will ever really change their attitude to gay rights. Carlos Franco doubts that the Catholic Church as a whole would ever adopt a pro-gay attitude  “because they would have to change a whole system that, for them, is a good business model.” He asserts: “Maybe some things will change here and there, but the central pillar of the religion is not going to say anything at all.” María Rachid is equally doubtful of the church’s ability to change: “They’ll end up saying sorry for the things they are doing 500 years later…while they are taking their time to change, they claim a lot of lives.”

Grassroots movement

However, while some institutions remain stubbornly opposed to gay rights, there is plenty of evidence to show that, on a grassroots level, the attitude of society towards homosexuality is changing. A recent telephone survey by BGC Excélsior in Mexico showed that since the first gay marriages were celebrated in the capital, 52% of the population would support their legalisation across the country, a number eight points higher than last January. Moreover, only 38% of the population was completely opposed to same-sex unions, 24 points lower than in December 2000, and eight lower than January. Likewise, in Argentina, statistics of those in support of gay marriage are rising steadily.

Further evidence of this progressive change is the general public’s response to Ricky Martin publicising his homosexuality. Among congratulations and positive feedback, one typical reader’s comment on the bbc mundo article about Ricky Martin was “It’s not really a big deal.” For Carlos Franco, this very much reflects the attitude of the younger generation in Latin America: “now it doesn’t attract so much attention, there’s not so much interest in the fact that you’re homosexual.” Contrary to Rachid’s description of widespread homophobia in Argentina, Franco says that he personally has never encountered any significant discrimination. He attributes this partly to changes in the media: “We are the product of so much communication, so much information…so much internet and so everything’s much more open.” In his opinion, this makes younger members of society much more accepting of other people’s identity. When describing the gay rights movement, he states that everything is progressing naturally: “It really doesn’t seem like a fight to me…Everything’s just moving forward.” 

Photo by Beatrice Murch

Gay Pride Parade down Av de Mayo – Nov 2009.

The 1st December 2009 should have been the happiest day of Alex Freyre and José María di Bello’s lives. They had been granted permission to become the first same-sex couple to marry in Argentina, in a landmark legal decision.

This was taken away from them one day before the ceremony however, when Judge Marta Gomez Alsina ordered the union to be suspended pending a Supreme Court hearing. The couple pressed ahead regardless and wed in a ceremony in Palermo but its legitimacy, and the future of gay rights in Argentina, remains uncertain.

Civil unions between same-sex couples have been legal in Argentina since 2002, although they are not recognised in every province. However, this ruling was the first time a couple would have been recognised as ‘husband and husband’, in an official matrimonial ceremony. Judge Gabriela Seijus, presiding over the case declared unconstitutional the parts of the civil code restricting same-sex marriages and unions. He later commented: “The law should treat everyone with the same respect according to their singularities, without the need to understand or regulate them.”

Judge Alsina however, at the request of lawyers looking to annul the judgement, found issues in the competency and procedure of the first hearing. This was sufficient motivation to overrule its’ judgement and suspend the wedding until the issue was resolved by the country’s highest authorities, in roughly two months.

Gay rights activist Bruno Bimbi represented the voice of many Argentines in expressing his outrage with Alsina’s decision, and her authority to pass it. “In a country with functioning institutions, Alsina would lose her position due to abuse of power and end up behind bars,” Bimbi fumed in the aftermath of the ruling.

Couple Freyre and Di Bello had petitioned the judiciary for permission that their union would hold the same legitimacy and legal standing as that enjoyed through heterosexual marriage. The date chosen for the ceremony was also no accident, being World Aid’s Day; both are carriers of the disease, and committed campaigners to raise awareness of it. “It is a date that forms part of our struggle against discrimination, that not only focuses on sexual diversity but also against people who have Aids,” Di Bello affirmed shortly after receiving permission to marry.

Buenos Aires mayor Mauricio Macri sealed the fate of the couple in a dramatic u-turn. The chief had previously supported the wedding by not appealing Judge Seijus’ ruling, telling associated reporters “The world is moving in this direction. We have to live with and accept this reality. I hope that they are happy together.”

However, on 1st December after Seijus had declared the suspension illegal, Macri had the opportunity to confirm this and give the wedding final legal approval. This ruling however was subject to the mayor formally approving it. He declined to act, and the ceremony went ahead in a farcical atmosphere of confusion and dispute. Macri had come in for harsh criticism from church figures and conservative political allies in the wake of his first decision.

Photo by Beatrice Murch

Gay Pride Parade down Av de Mayo – Nov 2008.

Buenos Aires has long held a reputation as a “gay-friendly” locale. The city contains myriad bars, clubs, restaurants and meeting groups for the homosexual community, as well as tourists from all over the world. Despite the social conservatism often associated with Catholicism, which the vast majority of porteños associate with, same-sex couples together in public are usually accepted with the minimum of trouble.

Despite this seemingly liberal appearance however, there is strong opposition to gay rights amongst the Catholic leadership in Argentina, which influences all levels of society. The strongest critic was the Archbishop of Buenos Aires, who in a text signed by other senior church figures including Cardinal Jorge Bergoglio, dubbed the verdict “absolutely illegal”.

The Archbishop warned that the ruling signified “a sign of grave rashness, and sets a serious precedent for our country and for all of Latin America”. The text also mentioned “the crisis of traditional values that affects our country today”, with the obvious implication that the fact of gay marriage directly challenges these values.

Despite this and other opposition, reports suggest that the Argentine public itself is open to the idea of gay marriage. In a poll commissioned by the government in November, 66% of those asked were in favour of marriage being opened up to same-sex couples.

The wider issue of gay marriage in Argentina remains in a legal grey area; a bill that would officially legalise it at a federal level remains in deadlock, with talk that it will not gain sufficient support to be passed.

Bimbi for one is adamant that the confusion over this issue is symptomatic of the wider corruption and weak will of political forces in Argentina. “In a country with brave politicians, Congress would meet to give a definitive response and stop our people being hostage to a lobby of powerful authority figures not used to the concept of democracy. The only definitive response is to approve the gay marriage law.”

Same sex marriage is a controversial topic in Latin America, a continent widely regarded as machista.

Yet on 10th November, Alex Freyre and José María Di Bello were granted a marriage license in Buenos Aires, breaking ground in a country and region where laws ban same sex matrimony. Judge Gabriela Seijas declared such laws to be unconstitutional.

However plans for the ceremony were halted when Judge Marta Gomez Alsina filed an injunction to suspend the union until the issue could be further reviewed by Argentina’s supreme court.

Although celebrated by many, the initial decision to authorise the union also provoked some furious reactions amongst members of the Catholic church and conservative establishments in the country.

The Argentina Independent set out to investigate public attitudes in Buenos Aires towards the prospect of Latin America’s first same sex marriage.

Antonio, 64, Bus inspector, Buenos Aires

I personally believe that if a law were passed legalising gay marriage, it would be terrific. It’s an improvement for everyone, because homosexuality exists everywhere. I don’t see how we can ignore this. What may be an issue is that the church plays a fundamental role here in Argentina, and there are people within the church who can’t come to terms with the idea. They present a strong opposition. But we have to accept that there are gay Christians too, and I think that approving their union demonstrates great progress.

Lidia, 46, ICT consultant, Peru

In my opinion, gay marriage is completely negative; it’s not right at all. God made man in his own image, before creating woman both from and for man. That is the only correct partnership. In the eyes of God it is wrong to be a man with a man, or a woman with a woman. I would very much question the government’s decision to pass this law. It’s bad and it worries me. I believe, quite simply, that the government should do the right thing, as God intends.

Damian, 24, Builder, Buenos Aires

It seems completely normal to me. I see no problem if two people of the same sex want to wed. There is, however, a certain machismo in Argentine society, and this is what generates opposing, homophobic attitudes. I think the approval of the first gay marriage is a great thing. It shows we’re moving forwards, and reflects well on the attitudes of acceptance in this society. Perhaps if matrimony were legal, people would better understand and accept homosexual relationships.

Mercedes, 83, Retired, Córdoba

At my age, this is quite a difficult topic; and given the way I was brought up, I question it a bit. But I am open-minded, and in principle think it’s right. It certainly seems logical. There is a point in relationships when marriage is the next, natural step. I see no reason why couples should face discrimination for being homosexual. However, the issue of children is problematic. A child needs both a mother and a father figure. Although I consider myself forward-thinking, I can’t see how this can be overcome.

Patricio, 19, Student, Buenos Aires

If gay people want to get married, let them get married. People should be able to do what they want. The only exception to this is if they want to adopt a kid. Then I think it’s bad. It’s not natural, and the child grows up with a completely different perspective of men and women, of its parents, of everything. It’s not normal – in my view, anyway. At the moment, I think that the situation is pretty good with regards to homosexuality in Argentina. It certainly doesn’t bother me.

Photos by Thomas Locke Hobbs