Argentina did it: same-sex, same-marriage
September 28th 2010 07:13
religious protesters outside the Argentine congress
Many governments across the world are debating the possibility of same-sex marriage legislation. Currently, there are only ten national governments that legally recognise the practice, Argentina, Belgium, Canada, Iceland, Netherlands, Norway, Portugal, South Africa, Spain and Sweden. This means around 220 million people of the planet’s 6.8 billion are entitled to marry whom ever they love, just 3.2% of the world’s population.
As the first country in Latin America to legalize Gay Marriage, Argentina reminds us that change can be achieved against a backdrop of conservative protest. On July 15 this year President Cristina Fernandez de Kirchner signed same-sex marriage into law despite the protest of many conservative groups. The passing result in the senate was 33-27 in favour of the changes with 3 abstaining. This result is not surprising when you observe the public support at the time, calculated to be around 70% according to research firm Analogías. What is intriguing however is the possibility that such a win for gay rights could present itself in a country that historically binds the values of Catholicism with law making.
The Catholic and Evangelical Churches have remained the prominent voice against these measures that altered article 172 of the Argentine civil code from marriage as a union “between a man and a woman” to “between two people”. Ultimately, the debate continues as a clash between religious/conservative morals and the morals of a modern/liberal society. A similar controversy and polarisation of society presented itself during debates over divorce law in the late 80s. During this time senate members were threatened with excommunication from the church were they to support a bill granting divorce. In both cases the right to Divorce and the right to perform same-sex marriage prevailed.
While these successes are important for Argentina’s burgeoning gay community (in which the major city of Buenos Aires benefits from increased gay commerce and tourism), the future of the law remains unassured. Prejudice against homosexuals in the country still exists as many have not been won over and conservative opinion on the subject remains. However, it is clear that this law is an opportunity for Argentina to lead the way for homosexual rights across Latin America. The region is known as particularly hostile towards this social group. Similar same-sex marriage laws have been legislated in the Federal District of Mexico City while debates continue in countries like Chile, Peru, Brazil and Colombia. The challenges for these debates are both cultural and religiously restricted, two elements of society that are always difficult to overcome.
It will be interesting to observe how this subject plays out during the 2011 Presidential elections in Argentina. The current president’s husband and former head of state Néstor Kirchner is likely to run. The Kirchner’s have maintained a Peronist style ideology, which often denounces the role of the Church in state affairs. Former dictator Juan Peron first attempted to introduce divorce laws in 1957 but the changes were shelved following his overthrow a year later. It is always a possibility that if an opposing side wins, the question of gay marriage and its relevance to Argentine society could be reignited for debate. It would be a shame were the law to be retracted for the benefit of the Church and its supporters.
Then there is the comparative story here in Australia. Over the years we have come a long way in accepting same-sex union, but moved at a snail's pace when it comes to same-sex marriage. Australian politicians have not wanted to touch the subject, including Penny Wong, the only openly gay politician in government. In a secular state that is ostensibly focused on liberal rights to individual choice and the absence of church influence in the political sphere, we have a long way to go. This is one area of social reform that Argentina has shown can be made against adversity, if the majority of the population seek such a change. Both Argentina and Australia are democratic nations. In 1967 Australia allowed a referendum that permitted Aboriginals the right to vote, with a massive majority in support of the measure. Is it not time homosexuals be allowed the legal right to spend the rest of their life with the one they love?
View the results of research firm Analogías in relation to same sex marriage in Argentina below. The slide show is only viewable in Spanish, so if you can read Spanish its a great indication of the perceptions and influences about same-sex marriage in Argentine society one month prior to the historic vote.
Analogías slideshow
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