Gays
Make Unexpected Gains Although Legal
Hurdles Remain
Same-sex
couples are eligible for
marriage-like status in Buenos
Aires; similar bills have been
presented elsewhere.
By ALEJANDRO
LANDES
The Miami Herald
As the
United States wrestles with the issue
of gay marriages, lawmakers in Latin
America -- a Roman Catholic stronghold
often seen as the land of machismo --
are considering a string of measures
that legally recognize gay couples.
The
Argentine capital of Buenos Aires in
July approved marriage-like legal
status for gay couples. Similar bills
have been introduced in the Mexico
City Legislative Assembly and Chile's
parliament. And in Costa Rica, a gay
lawyer recently asked the Supreme
Court to overturn a ban on gay unions.
The
American public has been deeply
divided on the issue since a recent
Supreme Court ruling striking down
antisodomy statues, which could fuel
legal efforts to permit gay marriages.
A USA
Today-CNN-Gallup Poll in July showed
50 percent of Americans support a
constitutional amendment banning gay
marriages, and 45 percent oppose it.
President Bush said he has asked White
House lawyers to study how to keep
marriage limited to unions between men
and women.
Latin
America is also divided. Gays there
have long been forced to live behind
closed doors or suffer the backlash of
a society where unresolved antigay
assaults and police abuses have been
widely reported.
Yet,
gays in five Latin American countries
have made unprecedented gains in past
months in putting their arguments for
legal rights before their lawmakers
and courts, despite strong opposition
from traditionalists.
In a
region where about 80 percent of the
population is Roman Catholic, church
officials have spoken out against the
proposed laws, and conservative groups
are gearing up for counter-campaigns.
An August statement from the Vatican
urged legislatures around the world to
reject any measures that ``violate
fundamental values.''
''Although
we respect all the people involved, it
would be a grave mistake to grant
people with these tendencies the same
rights as married couples,'' the Rev.
Pedro Agustin Rivera Díaz, a
spokesman at the Mexico City
archbishop's office, said in a
telephone interview. ``This behavior
is abnormal.''
Gay-rights
activists in the region are
undeterred.
''We
deserve to be treated as first-class
citizens, not as second- or
third-class citizens,'' said Germán
Rincón Perfetti, a gay lawyer who is
running for the city council in the
Colombian capital of Bogotá.
Argentine
civil union
Gay-rights
groups throughout Latin America have
their eyes on Argentina, where the new
law in Buenos Aires allowed César
Cigliutti, 45, and Marcelo Suntheim,
34, to join in a civil union on July
18. The law grants gay and lesbian
couples that have lived together for
at least two years the right to joint
health coverage, family leave and
decision-making for partners in case
of illness.
The
Buenos Aires law does not permit them
to adopt or inherit property. But an
openly gay man from the province of Córdoba
was granted custody of his two
children last month, despite church
opposition.
In
Mexico City, the municipal legislature
has on its agenda a bill legalizing
''domestic partnerships'' -- which
covers gay and unmarried heterosexual
couples as well as relatives and
friends who live together -- that
would ensure access to bank credits
and state social welfare benefits.
''In a
country where more than 90 percent of
the people do not have a will, the new
law would guarantee same-sex couples
their right to inheritance,'' said
Francisco Lagunes, spokesperson for
Mexico City Pride, a gay-rights group.
Mexico
City Assembly member Enoe Uranga, a
lesbian who is leading the charge for
the bill, said she feels confident it
will pass soon because it has the
support of the Democratic
Revolutionary Party, which won a
majority in the Assembly during recent
elections.
In
Chile, the Homosexual Integration and
Liberation Movement submitted a bill
in June to the Chamber of Deputies
that would establish mechanisms for
inheritance, joint accumulation of
property and division of assets in
case a same-sex partnership broke up.
Like the Mexico City proposal, the
Chilean bill would cover nonmarried
heterosexual couples and others who
live together.
And in
July, Costa Rican lawyer Yashin
Castrillo Fernández petitioned the
Supreme Court to overturn a ban on
same-sex marriages that carries a
sentence of up to three years in
prison.
In
another first, federal officials in
Costa Rica disregarded Catholic Church
objections and granted custody of a
10-year old to a transvestite who has
cared for the boy since infancy. A
court is set to review the decision.
Debate
in Colombia
The
difficulties of the struggle were
highlighted in Colombia, where Liberal
Party Sen. Piedad Córdoba spurred
heated debate last month with a bill
extending most legal rights of married
heterosexuals to same-sex couples who
have been together at least two years.
Despite
strong support from several former
Colombian presidents, the bill was
defeated, 55-32.
During
the debate, Angel Alberto Duque, 50
and unemployed, told his story on the
Senate floor.
Three
years ago, Duque and his male partner
purchased a condominium in Bogotá. To
qualify for subsidies offered only to
married or common-law straight
couples, Duque's partner ''married''
his sister-in-law.
Duque's
partner of 10 years died of cancer
three months later and the dead man's
''wife'' claimed the Bogotá
apartment.
Herald
staff writer Frances Robles
contributed to this report.
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