Argentina legalizes gay marriage – a first for Latin America

Judges for DC's Court of Appeals upheld the capitol's same sex marriage law in a narrow 5-4 vote today. The decision follows an attempt at a ballot challenge to the law, which the city council approved in December. Opponents of same sex marriage wanted to put an initiative before voters that would repeal the law, but the DC board of elections rejected the effort. Today's decision says that the board was within DC law when rejecting the referendum, thus upholding the same sex marriage law.

Meanwhile, Argentina approved a gay marriage law early this morning, making the country the first in Latin America where same-sex couples can wed. Same sex couples will now be granted the same rights, responsibilities and protections that other married couples have. From Buenos Aires, Maria Trigona reports:

TRANSCRIPT:

Argentina approved a gay marriage law early this morning, making the country the first in Latin America where same-sex couples can wed. Same- sex couples will now be granted the same rights, responsibilities, and protections that married couples have.

The Senate voted just before 4:00 a.m., after 15 hours of intense debate.

The law passed with a vote of 33 to 27, with three abstaining.

Leading up to the vote, activists stood outside of Congress listening to the heated debate.

Nine same-sex couples have already wed in Argentina, after a Buenos Aires judge overturned Argentina’s ban on same-sex marriage in 2009.  Alex Freyre and Jose Maria Di Bello were the first gay couple to get married in Argentina.

Two hours before Thursday's pre-dawn vote, Freyre was hopeful:

“I’m here enjoying the night on which Argentina will vote in favor of judicial equality. Tonight is a fundamental step toward an end to discrimination, a law that doesn’t justify legal discrimination. It means that our families can have peace of mind in the face of the law, especially for children who live with gay and lesbian parents.”

The legislation faced fierce opposition from the Catholic Church and Evangelicals. On the eve of the vote, tens of thousands from the religious community rallied in front of Congress to protest against the same-sex marriage law. Ninety-one percent of Argentines identify as Catholic.

Maria Yrcovich, a 70-year-old immigrant, opposed the legislation:

“Why are we here? Because we are supporting what our Church asks us to. We are in favor of family. We are against what is unnatural. Homosexuals are people. But next, they are going to ask for a law to be able to marry an animal. It’s abnormal, it’s not normal. Marriage is for a man and women.”

Argentina now joins the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal and Iceland, as the 10th country to approve a nation-wide gay marriage law.

Marcelo Torres, a public school teacher waited outside of Congress for the vote:

“I’m here because I’m gay, and I support this law. I want to get my marriage just like any straight person in this country. And I’m very proud to be here.  I think that [this is] probably one of the most important moments, because we are having great changes. It would be, like, the first South American country with a gay marriage law. It would be like a revolution in South America and it will be related to other countries because they will follow us. I guess they will follow us.”

As the law passed at nearly 4:00 a.m., hundreds outside of Congress celebrated, hugging each other, in tears, in near freezing temperatures.  For more than 10 years, gay-rights activists have been working on the campaign for same-sex marriage.

President of Argentina’s Federation of Lesbians, Gays, Bisexuals and Trans, Maria Rachid, says that more Latin American countries may follow Argentina’s lead in granting equal rights to gay couples:

“The law was passed because of how hard we fought. We are a ton of activists, from the Federation of Lesbian, Gays, and Trans who worked for this law to be passed. Today we are a more just and democratic society. And this is something we should all celebrate. And we can be proud to be the first country in Latin America to make this progress in human rights.”

Although Argentina's capital Buenos Aires was the first to legalize same-sex unions, not all rights were granted under the civil union code. No other Latin American nation has a nationwide gay marriage law. However, same-sex civil unions are legal in Uruguay and in some states in Brazil and Mexico. And gay marriage is legal in Mexico City.

President Cristina Fernandez de Kirchner backed the law, and has vowed to pass the legislation.

Marie Trigona, FSRN, Buenos Aires

Photo credit: JP Puerta