In Argentina, marriage was allowed only between a man and woman until November 12, 2009 in all jurisdictions. However, on November 13, 2009, a judge in Buenos Aires granted a gay couple permission to get married.[1]. The ruling, however only applied to the couple.[2]
Civil unions are recognised in four jurisdictions within 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 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.
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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.[7]
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, Cristina Fernández de Kirchner, supported surfacing a same-sex marriage debate in the country. President Cristina Fernández de Kirchner'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."[8] 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.[9][10][11][12][13][14] Ibarra has expressed her desire to have same-sex marriage in Argentina approved by the end of 2009.[15] Debate was continued on November 5, 2009.[16] The next session on the topic took place on November 10. Debate about the bills was postponed and will be resumed in 2010.[17][18] One survey concluded that 70% of Argentinians support same-sex marriage.[19]
On 12 November 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.[20][21]The city government said it would not appeal the ruling and Head of Government Mauricio Macri declared his support for same-sex marriage.[22][23] The marriage will be performed on December 1, 2009.[24][25]
The Supreme Court is hearing two cases concerning the right of same-sex couples to marry.[26]
See also
References
- ^ "Argentine judge allows gay wedding in legal first". Reuters. 2009-11-13. http://uk.reuters.com/article/idUKTRE5AC32X20091113. Retrieved 2009-11-14.
- ^ "Argentine Gay Couple Granted Marriage License". Associated Press. The New York Times. 16 November 2009. http://www.nytimes.com/2009/11/17/world/americas/17argentina.html. Retrieved 20 November 2009.
- ^ 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.
- ^ "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.
- ^ "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.
- ^ Río Cuarto: aprueban la unión civil de parejas gays, 7 May 2009
- ^ Argentina grants gay couples partner pensions, CNN, 19 August 2008
- ^ Aníbal Fernández supports parliamentary debate on same-sex marriages
- ^ Argentina Debates Gay Marriage
- ^ Argentina's Quest for Marriage Equality
- ^ Gay marriage, a law under discussion
- ^ Argentine lawmakers open debate on same-sex marriage
- ^ Congress debate gay marriage
- ^ Gay marriage is parliamentary debate
- ^ Deputies approve this year's draft gay marriage
- ^ Advances in Argentina the debate over gay marriage with the experience of the Spanish case
- ^ Hard Argentina rejection of the Church to gay marriage
- ^ Deputies: gay marriage law was postponed for 2010
- ^ Congress begins to debate gay marriage
- ^ Argentine Court Opens Door To Gay Marriage
- ^ Judge authorizes Argentina’s first gay marriage
- ^ Buenos Aires mayor won't appeal same-sex ruling
- ^ Macri will not appeal the ruling that enabled a gay wedding
- ^ First gay couple to wed Dec. 1st
- ^ Gay couple to marry in Argentina
- ^ Gay marriage in Argentina could have a green light if the Court authorizes two cases
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