Civil unions in Argentina
Encyclopedia
Same-sex marriage in Argentina has been legal since July 22, 2010. A bill for legalization was approved on May 5, 2010, by the Chamber of Deputies
, and on July 15, 2010, by the Senate
. President
Cristina Fernández de Kirchner
signed it on July 21. On July 22, the law was published in the Official Gazette. Argentina became the first country in Latin America and the second in the Americas to allow same-sex marriage nationwide. It is the tenth country to allow same-sex marriage
.
: the Autonomous City of Buenos Aires
(since 2002), the Province of Río Negro
(2003), the city of Villa Carlos Paz
(2007), and the city of Río Cuarto
(2009). Civil unions are registered unions conducted between two adults of the same or opposite sex, which provide some of the rights granted to married couples, such as health and insurance benefits and hospital visitation. They do not provide inheritance and adoption rights. Civil unions can only be entered into by couples who have lived together for a given time, usually one or two years.
s 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.
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 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." 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.
Ibarra expressed her desire to have same-sex marriage in Argentina approved by the end of 2009. Debate on the bills continued on November 5 and on November 10, before being postponed and resuming in March 2010. A survey taken at the time found that 70% of Argentines supported legalizing same-sex marriage.
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. 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. On July 6, the Senate's General Law Committee recommended rejection of the bill. The bill was originally scheduled to be voted on July 14, 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. On July 21, President
Cristina Fernández de Kirchner
signed the bill into law. On July 22, the law was published in the Official Gazette. The law grants for same-sex couples all the rights and responsibilities of marriage, including the right to adopt children. The first marriages were performed on July 30, 2010. Until July 14, 2011, 2697 same-sex marriages were performed.
, said he would not appeal the ruling, but the wedding was blocked on November 30 by another court, pending review by the Supreme Court
. In December 2009, the Governor of Tierra del Fuego
Province, Fabiana Ríos de Longhi
, 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. On April 14, 2010, the marriage was declared null and void, but technically remains legal because the decision was not communicated to the parties. In the event that the parties were notified, the married couple said it would appeal the decision, leaving the marriage legal until the final verdict.
On March 10, 2010, a judge in Buenos Aires declared a second same-sex marriage, between Damián Bernath and Jorge Esteban Salazar Capón, illegal. And 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. Administrative Judge Elena Liberatori later overturned the 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.
Since the first legal marriage between two people of the same-sex took place in December 2009, seven other same-sex couples have been joined in legal matrimony in Argentina. The Supreme Court
was hearing several cases concerning the right of same-sex couples to marry. On July 2, 2010, a some media reported about that, the Supreme Court had a prepared ruling concerning María Rachid and Claudia Castro's case, which declared articles 172 and 188 of the Civil Code as unconstitutional.
led by the Catholic Primate
of Argentina, the Archbishop of Buenos Aires Cardinal Jorge Mario Bergoglio. Evangelical
groups also joined the opposition.
Argentine Chamber of Deputies
The Chamber of Deputies is the lower house of the Argentine National Congress. This Chamber holds exclusive rights to create taxes, to draft troops, and to accuse the President, the ministers and the members of the Supreme Court before the Senate....
, and on July 15, 2010, by the Senate
Argentine Senate
The Argentine Senate is the upper house of the Argentine National Congress. It has 72 senators: three for each province and three for the Autonomous City of Buenos Aires...
. President
President of Argentina
The President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
Cristina Fernández de Kirchner
Cristina Fernández de Kirchner
Cristina Elisabet Fernández de Kirchner , commonly known as Cristina Fernández or Cristina Kirchner is the 55th and current President of Argentina and the widow of former President Néstor Kirchner. She is Argentina's first elected female president, and the second female president ever to serve...
signed it on July 21. On July 22, the law was published in the Official Gazette. Argentina became the first country in Latin America and the second in the Americas to allow same-sex marriage nationwide. It is the tenth country to allow same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
.
Civil unions
Civil unions are recognized in four jurisdictions in ArgentinaArgentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
: the Autonomous City of Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
(since 2002), the Province of Río Negro
Río Negro Province
Río Negro is a province of Argentina, located at the northern edge of Patagonia. Neighboring provinces are from the south clockwise Chubut, Neuquén, Mendoza, La Pampa and Buenos Aires. To the east lies the Atlantic Ocean.Its capital is Viedma...
(2003), the city of Villa Carlos Paz
Villa Carlos Paz
Villa Carlos Paz is a city in the center-north of the province of Córdoba, Argentina, in the south of the Punilla Valley, lying on the western slope of the Sierras Chicas. It has a population of about 56,000 as per the...
(2007), and the city of Río Cuarto
Río Cuarto, Córdoba
-References:* - Official website....
(2009). Civil unions are registered unions conducted between two adults of the same or opposite sex, which provide some of the rights granted to married couples, such as health and insurance benefits and hospital visitation. They do not provide inheritance and adoption rights. Civil unions can only be entered into by couples who have lived together for a given time, usually one or two years.
Unregistered cohabitation
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. Four Argentine labor unionTrade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s 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
Córdoba Province (Argentina)
Córdoba is a province of Argentina, located in the center of the country. Neighboring provinces are : Santiago del Estero, Santa Fe, Buenos Aires, La Pampa, San Luis, La Rioja and Catamarca...
to authorize conjugal visits for all gay prisoners and allow sexual relations between inmates who develop relationships in prison.
Same-sex marriage
Legislative action
Two weeks before the 2009 mid-term elections, Justice Minister Aníbal FernándezAníbal Fernández
Aníbal Domingo Fernández is an Argentine Justicialist Party politician, who served as Interior Minister for President Néstor Kirchner, Minister of Justice for President Cristina Fernández de Kirchner and is currently the President's Cabinet Chief.-Biography:Born in Quilmes, Buenos Aires Province,...
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
Néstor Kirchner
Néstor Carlos Kirchner was an Argentine politician who served as the 54th President of Argentina from 25 May 2003 until 10 December 2007. Previously, he was Governor of Santa Cruz Province since 10 December 1991. He briefly served as Secretary General of the Union of South American Nations ...
, husband of current president Cristina Fernández de Kirchner
Cristina Fernández de Kirchner
Cristina Elisabet Fernández de Kirchner , commonly known as Cristina Fernández or Cristina Kirchner is the 55th and current President of Argentina and the widow of former President Néstor Kirchner. She is Argentina's first elected female president, and the second female president ever to serve...
, 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." 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.
Ibarra expressed her desire to have same-sex marriage in Argentina approved by the end of 2009. Debate on the bills continued on November 5 and on November 10, before being postponed and resuming in March 2010. A survey taken at the time found that 70% of Argentines supported legalizing same-sex marriage.
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. 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. On July 6, the Senate's General Law Committee recommended rejection of the bill. The bill was originally scheduled to be voted on July 14, 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. On July 21, President
President of Argentina
The President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
Cristina Fernández de Kirchner
Cristina Fernández de Kirchner
Cristina Elisabet Fernández de Kirchner , commonly known as Cristina Fernández or Cristina Kirchner is the 55th and current President of Argentina and the widow of former President Néstor Kirchner. She is Argentina's first elected female president, and the second female president ever to serve...
signed the bill into law. On July 22, the law was published in the Official Gazette. The law grants for same-sex couples all the rights and responsibilities of marriage, including the right to adopt children. The first marriages were performed on July 30, 2010. Until July 14, 2011, 2697 same-sex marriages were performed.
Judicial rulings
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. The city Chief of Government, Mauricio MacriMauricio Macri
Mauricio Macri is an Argentine businessman turned politician, and Head of Government of the Autonomous City of Buenos Aires. Son of Francisco Macri, a businessman of Italian origin prominent in the industrial and construction sectors, he represented the City of Buenos Aires in the Lower House of...
, said he would not appeal the ruling, but the wedding was blocked on November 30 by another court, pending review by the Supreme Court
Supreme Court of Argentina
The Supreme Court of Argentina is the highest court of law of the Argentine Republic. It was inaugurated on 15 January 1863. However, during much of the 20th century, the Court and, in general, the Argentine judicial system, has lacked autonomy from the executive power...
. In December 2009, the Governor of Tierra del Fuego
Tierra del Fuego Province (Argentina)
Tierra del Fuego is an Argentine province entirely separated from mainland Argentina by the Strait of Magellan. It includes:* The eastern part of the Isla Grande of Tierra del Fuego archipelago and the Staten Island.* Argentina's claims to the Falkland Islands and to...
Province, Fabiana Ríos de Longhi
Fabiana Ríos
María Fabiana Ríos is an Argentine politician of the party ARI . She is the governor of the province of Tierra del Fuego since December 17, 2007. She is currently the only woman governor in Argentina.Ríos was elected governor on June 24, 2007...
, ordered the civil registry office to perform and register their marriage. On December 28, the two men were legally wed in Ushuaia
Ushuaia
Ushuaia may refer to the following:*Ushuaia, a city in Argentina.**Ushuaia Department, an administrative division**Ushuaia River**Ushuaia International Airport**Colegio Nacional de Ushuaia, National School of Ushuaia....
, the provincial capital city, making them the first same-sex couple to marry in Latin America. On April 14, 2010, the marriage was declared null and void, but technically remains legal because the decision was not communicated to the parties. In the event that the parties were notified, the married couple said it would appeal the decision, leaving the marriage legal until the final verdict.
On March 10, 2010, a judge in Buenos Aires declared a second same-sex marriage, between Damián Bernath and Jorge Esteban Salazar Capón, illegal. And 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. Administrative Judge Elena Liberatori later overturned the 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.
Since the first legal marriage between two people of the same-sex took place in December 2009, seven other same-sex couples have been joined in legal matrimony in Argentina. The Supreme Court
Supreme Court of Argentina
The Supreme Court of Argentina is the highest court of law of the Argentine Republic. It was inaugurated on 15 January 1863. However, during much of the 20th century, the Court and, in general, the Argentine judicial system, has lacked autonomy from the executive power...
was hearing several cases concerning the right of same-sex couples to marry. On July 2, 2010, a some media reported about that, the Supreme Court had a prepared ruling concerning María Rachid and Claudia Castro's case, which declared articles 172 and 188 of the Civil Code as unconstitutional.
Opposition
In a country where the majority of the population are Roman Catholic, the approval of the law came despite strong opposition by the Catholic Church in ArgentinaRoman Catholicism in Argentina
The Catholic Church in Argentina is part of the worldwide Roman Catholic Church, under the spiritual leadership of the Pope, the Curia in Rome, and the Argentine Episcopal Conference....
led by the Catholic Primate
Primate (religion)
Primate is a title or rank bestowed on some bishops in certain Christian churches. Depending on the particular tradition, it can denote either jurisdictional authority or ceremonial precedence ....
of Argentina, the Archbishop of Buenos Aires Cardinal Jorge Mario Bergoglio. Evangelical
Evangelicalism
Evangelicalism is a Protestant Christian movement which began in Great Britain in the 1730s and gained popularity in the United States during the series of Great Awakenings of the 18th and 19th century.Its key commitments are:...
groups also joined the opposition.
See also
- LGBT rights in Argentina
- Common-law marriageCommon-law marriageCommon-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...