Recognition of same-sex unions in Argentina

In Argentina, marriage was allowed only between a man and woman until November 12, 2009. However, on November 13, 2009, a judge in Buenos Aires granted a gay couple permission to get married.^[1]

Civil unions are recognised in four jurisdictions within Argentina: the Autonomous City of Buenos Aires (since 2002)^[2], the Province of Río Negro (2003)^[3], the city of Villa Carlos Paz (2007)^[4] and the city of Río Cuarto (2009)^[5] Civil unions are registered unions conducted between two adults, either of the opposite or same sex, and 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 once a couple has lived together for a given time, usually one or two years.

At a national level, Argentina extends widow/widower pensions to surviving partners of same-sex couples. Four Argentine labor unions have now extended National Security System medical benefits to employees’ same-sex partners. The unions and the system operate jointly in the health-care arena. The benefits are available to members of the unions for teachers, commerce employees, executives and air-transport personnel. In December 2005, a judge agreed and ordered jails and prisons across the province of Córdoba to authorize conjugal visits for all gay prisoners. The ruling also allows inmates who develop relationships inside jails also to be allowed sexual relations.

On 16 October 2007, the legislation was put before the Senate that would legalize same-sex civil unions nationwide.

South America      Same-sex marriage      Other type of partnership      Unregistered cohabitation      Unrecognized or unknown      No recognition, issue under consideration      No recognition, only same-sex marriage officially banned      No recognition, all types of partnerships officially banned      Homosexuality illegal

Unregistered cohabitation

On 19 August 2008, the Government of Argentina confirmed that it was allowing cohabitating same-sex couples (who had lived together for a period of more than five years) the right to collect the pensions of their deceased partners. This signalled the first time that unregistered cohabitation and rights for same-sex partners were recognised nationwide.^[6]

Same-sex marriage

Just two weeks before the mid-term elections, Justice Minister Aníbal Fernández issued a statement stating that he was in favor of starting a same-sex marriage debate within the Congress, citing that a gender neutral law would "end discrimination" and going on to say that "many people are demanding it." Fernández also stated that former president, Néstor Kirchner, who is the husband of the nation's current president, supported surfacing a same-sex marriage debate in the country. His wife's position towards such a motion is currently unknown. The minister said that he is presently "working toward" presenting a law draft to congress, but remarked that his ministry must first "evaluate all the different aspects of the issue."^[7] If legalized, Argentina would become the first country in South America to legalize same-sex marriage, though the governing party in Uruguay has also officially stated their intent to consider a gender neutral marriage bill.

Argentine Congress currently considers two proposals to change of Article 172 of the Civil Code, sponsored by Silvia Augsburger and Vilma Ibarra. On 27 October 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.^{[8][9][10][11][12][13]} Ibarra has expressed her desire to have same-sex marriage in Argentina approved by the end of 2009.^[14] Debate was continued on November 5, 2009. The next session on the topic will be on November 10.^[15][16] One survey concluded that 70% of Argentinians support same-sex marriage.^[17]

On 12 November 2009 a court in Buenos Aires approved the marriage of a same-sex couple, ruling that articles 172 and 188 of the Civil Code were unconstitutional.^[18][19]The city government said it would not appeal the ruling and Head of Government Mauricio Macri declared his support for same-sex marriage.^[20]

See also

• LGBT rights in Argentina
• Civil union
• Common-law marriage
• Same-sex marriage

References

1. ^ "Argentine judge allows gay wedding in legal first". Reuters. 2009-11-13. http://uk.reuters.com/article/idUKTRE5AC32X20091113. Retrieved 2009-11-14. 
2. ^ With news agencies (2002-14-14). "Same-sex couples legal in BA". Buenos Aires Herald. http://www.buenosairesherald.com/argentina/note.jsp?idContent=1031&Key=ARGENTINA. 
3. ^ "In 5 years, only 10 couples went through the civil registry". Diario Río Negro. 2008-02-03. http://www.rionegro.com.ar/diario/2008/02/03/20082v03s01.php. 
4. ^ "Córdoba: aproved the civil union among homosexuals in Villa Carlos Paz". Diario Clarín. 2008-11-23. http://www.clarin.com/diario/2007/11/23/um/m-01547228.htm. 
5. ^ Río Cuarto: aprueban la unión civil de parejas gays, 7 May 2009
6. ^ Argentina grants gay couples partner pensions, CNN, 19 August 2008
7. ^ Aníbal Fernández supports parliamentary debate on same-sex marriages
8. ^ Argentina Debates Gay Marriage
9. ^ Argentina's Quest for Marriage Equality
10. ^ Gay marriage, a law under discussion
11. ^ Argentine lawmakers open debate on same-sex marriage
12. ^ Congress debate gay marriage
13. ^ Gay marriage is parliamentary debate
14. ^ Deputies approve this year's draft gay marriage
15. ^ Advances in Argentina the debate over gay marriage with the experience of the Spanish case
16. ^ Hard Argentina rejection of the Church to gay marriage
17. ^ Congress begins to debate gay marriage
18. ^ "Judge allows gay marriage in Argentina". http://translate.googleusercontent.com/translate_c?hl=en&sl=es&tl=en&u=http://lta.reuters.com/article/domesticNews/idLTASIE5AC01Q20091113&rurl=translate.google.com&usg=ALkJrhiCNJetDbN2MkrjS09U7d4Q-uXJTQ. 
19. ^ "Historic ruling by the Justice be enjoyed for gay marriage". http://translate.googleusercontent.com/translate_c?hl=en&sl=es&tl=en&u=http://criticadigital.com/index.php%3Fsecc%3Dnota%26nid%3D32798&rurl=translate.google.com&usg=ALkJrhjBvE8AlMvxjKbTIlST-IbfS0-Kag. 
20. ^ "Alex and Jose, the first Argentine gay marriage". http://translate.googleusercontent.com/translate_c?hl=en&sl=es&tl=en&u=http://www.criticadigital.com/impresa/index.php%3Fsecc%3Dnota%26nid%3D33871&rurl=translate.google.com&usg=ALkJrhh_m22APypPphC6Qchn7mqs1IKVaw. 

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