Same-Sex Relationships Legalized in Brazil

[trilingual]

Yesterday the Brazilian Supreme Court voted unanimously that same-sex relationships constitute "stable family entities" and are recognized and protected under a number of provisions of the Brazilian Constitution. While the decision doesn't specifically create gay "marriages," it pushes the regulation of this decision into the lap of the Brazilian Congress, where bills to recognize civil unions have languished because of opposition by the evangelical bloc. That may change. Although formal civil unions or marriages don't yet exist in Brazil, couples can immediately begin registering as being in a stable relationship at registry offices throughout Brazil. This will confer all the rights available to straight married couples, like filing joint income tax returns, alimony, health insurance coverage, pension survivorship, etc. Basically it's marriage in everything but name, and that may come before long, depending on what the Congress does. The somewhat homophobic military will now have to provide spousal benefits to gay service members in same-sex relationships -- the Minister of Defense has already said the military would comply with the Court's decision. A lot of other effects will flow from this decision, which was actually quite wide-ranging in its discussion of gays in society and their rights under the Brazilian Constitution.

 

This is a big deal -- Brazil is by far the largest country to take this step! It has 190,000,000 people and is the largest Catholic country (although legally there is separation of church and state in Brazil). Whatever Brazil does will be influential in the rest of Latin America, where it's the 800-pound gorilla. It's the largest Latin country, occupying half of South America and having more than half of its population, and it borders all but two of the other countries on the continent, so its influence is gigantic.

 

Argentina beat Brazil in allowing gay marriages. Uruguay recognizes civil unions (somewhat restrictively) and is currently considering upgrading to marriages, following the legalization in Argentina. Brazil's action will push that along. In Mexico gay marriage exists in the Federal District (Mexico City) and marriages there have to be recognized by the other Mexican states and the federal government. Mexico is the world's largest Spanish-speaking nation, so, like Brazil, what happens there strongly influences the rest of the Spanish-speaking world. Same-sex marriage is being debated in a number of other Latin American countries, and there will likely be progress in many of them now that the largest and most influential countries permit it (or recognize civil unions).

 

Quite a number of predominantly Catholic countries now recognize same-sex marriage or civil unions, including France, Belgium, Spain and Portugal. A lot of the impetus for gay marriage in Canada originated in predominantly Catholic Québec. Now Brazil, Mexico and Argentina recognize same-sex marriages or civil unions, too. The Church hierarchy continues to thunder against it, but this is a battle it's losing in country after country!

 

It's apparently not possible for foreigners to marry in Argentina (unless they're marrying an Argentine citizen) but they can marry in Mexico City and will be able to register their relationships in Brazil. I'm not sure what the situation will be in Uruguay if they legalize marriage. For same-sex bi-national couples, one of whom is American, this provides hope that if current developments in the U.S. continue, it will be possible before too long for the American spouse/partner to sponsor the foreign spouse/partner for permanent resident status, just like straight spouses/partners now can.

 

Change comes slowly, but it does come, and Brazil's latest action will have major effects, both in Brazil and far beyond its borders!

[+ Tygerscent]

Two of my favorite countries and now loving them even more. Great news and nice to see them doing it as Stable Relationship that allows for legal rights and considerations.

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Yesterday the Brazilian Supreme Court voted unanimously that same-sex relationships constitute "stable family entities" and are recognized and protected under a number of provisions of the Brazilian Constitution. While the decision doesn't specifically create gay "marriages," it pushes the regulation of this decision into the lap of the Brazilian Congress, where bills to recognize civil unions have languished because of opposition by the evangelical bloc. That may change. Although formal civil unions or marriages don't yet exist in Brazil, couples can immediately begin registering as being in a stable relationship at registry offices throughout Brazil. This will confer all the rights available to straight married couples, like filing joint income tax returns, alimony, health insurance coverage, pension survivorship, etc. Basically it's marriage in everything but name, and that may come before long, depending on what the Congress does. The somewhat homophobic military will now have to provide spousal benefits to gay service members in same-sex relationships -- the Minister of Defense has already said the military would comply with the Court's decision. A lot of other effects will flow from this decision, which was actually quite wide-ranging in its discussion of gays in society and their rights under the Brazilian Constitution.

 

This is a big deal -- Brazil is by far the largest country to take this step! It has 190,000,000 people and is the largest Catholic country (although legally there is separation of church and state in Brazil). Whatever Brazil does will be influential in the rest of Latin America, where it's the 800-pound gorilla. It's the largest Latin country, occupying half of South America and having more than half of its population, and it borders all but two of the other countries on the continent, so its influence is gigantic.

 

Argentina beat Brazil in allowing gay marriages. Uruguay recognizes civil unions (somewhat restrictively) and is currently considering upgrading to marriages, following the legalization in Argentina. Brazil's action will push that along. In Mexico gay marriage exists in the Federal District (Mexico City) and marriages there have to be recognized by the other Mexican states and the federal government. Mexico is the world's largest Spanish-speaking nation, so, like Brazil, what happens there strongly influences the rest of the Spanish-speaking world. Same-sex marriage is being debated in a number of other Latin American countries, and there will likely be progress in many of them now that the largest and most influential countries permit it (or recognize civil unions).

 

Quite a number of predominantly Catholic countries now recognize same-sex marriage or civil unions, including France, Belgium, Spain and Portugal. A lot of the impetus for gay marriage in Canada originated in predominantly Catholic Québec. Now Brazil, Mexico and Argentina recognize same-sex marriages or civil unions, too. The Church hierarchy continues to thunder against it, but this is a battle it's losing in country after country!

 

It's apparently not possible for foreigners to marry in Argentina (unless they're marrying an Argentine citizen) but they can marry in Mexico City and will be able to register their relationships in Brazil. I'm not sure what the situation will be in Uruguay if they legalize marriage. For same-sex bi-national couples, one of whom is American, this provides hope that if current developments in the U.S. continue, it will be possible before too long for the American spouse/partner to sponsor the foreign spouse/partner for permanent resident status, just like straight spouses/partners now can.

 

Change comes slowly, but it does come, and Brazil's latest action will have major effects, both in Brazil and far beyond its borders!

[CowboyUp]

Trilingual, This is great news and a major step in the right direction! Brazilian men have got to be some of the HOTTEST of our species. Thanks for relaying the good info.

[justaguy]

Trilingual, thanks for the information. The irony, as you point out, is that these very Roman Catholic countries have taken steps to do the right thing when here we as a nation are so far from doing so. It makes me shake my head in wonder. I've lived here all my life and love it, but some times I have to wonder.

[+ Italiano]

Trilingual, thanks for the information. The irony, as you point out, is that these very Roman Catholic countries have taken steps to do the right thing when here we as a nation are so far from doing so. It makes me shake my head in wonder. I've lived here all my life and love it, but some times I have to wonder.

 

I totally agree justaguy.

Born and raised in Italy where still gay unions are a dream because of the Church and the horrible current Government, I lived in Mexico City for 10 years where Catholics are extremely powerful (and where I would have NEVER expected gay marriages would be a reality!), and living in NY now for 11 years it makes me sad to see how in my original Country and in the one I live now it is still so complicated to give us the possibility and the right to legalize our relationships!

[uwsman2]

I wonder how much impact it has had in latin America that Spain and Portugal are among the European countries that have legalized same-sex marriage? Do counties such as Brazil (Portugal) and Argentina (Spain) still take social/cultural influences from their former colonial masters? I know it's been a very long time since independence, but I wonder about the continuing cultural influences. Once might say that the actions of Spain and Portugal, countries in which the Roman Catholic church has retained important social influence with many followers, gives "permission" to their former colonies to buck the church in the same manner....

[trilingual]

Brazil perhaps isn't that influenced by Portugal, which is so much smaller than Brazil, although its recent legalization of gay marriages undoubtedly had some effect. Thousands of Brazilians live in Portugal, and if they get married there their marriages are recognized by the Brazilian government. Argentina and other countries in Latin America have been deeply influenced by events in Spain following the death of Franco. It has served as an example of how to democratize after decades-long dictatorships, and it's modern legislation and vibrant democracy and culture have had a big impact everywhere in the Spanish-speaking world. It has certainly helped that with modern media and the Internet progressive developments in one country are quickly communicated everywhere! That's probably a trend that can't be reversed, and is certainly unlikely to be in Latin America. People there want democratic, stable governments, growing economies and real chances for a decent life for themselves and their children. There's a lot of catching up to do in Latin America, but major strides have been made in the past 20 years or so and everything points to even more progress in the decades ahead.

[justaguy]

Trilingual, again thanks for the information. I really like that the marriages are recognized by both Brail and Portugal. That's a trend I would love to see grow.

[+ Axiom2001]

Perhaps the US of A will one day wake up and do "the right thing!"

 

We are so friggin' Puritanical as well as hypocritical!

[trilingual]

We'll have to see what happens in the U.S.A. We're lagging behind the rest of the world, but some progress is being made and there are pretty good signs that DOMA's days are numbered.

 

If DOMA is repealed, it's unclear what the U.S. will do in terms of recognizing foreign relationships that aren't formally designated as marriages. Hopefully they'll recognize them on the same basis as civil marriages, as long as the foreign relationship confers substantially the same rights as marriage. If that becomes the case you can easily register a partnership in Brazil -- it's just a matter of filling out some paperwork at registry/notary public offices ("cartório" or "tabelião"). Then you can sponsor your Brazilian partner for immigration to the U.S. as a spouse, and vice-versa! This may change the nature of our relationships with our Brazilian paixões, and we may have to start packing wash-n-wear wedding dresses and bridesmaid gowns on our trips there!

 

Of course, anyone contemplating a Brazilian partnership should consult with a local family law lawyer to understand the obligations and rights that come with the relationship, and consider pre-nuptial agreements, before taking the plunge! Wherever it happens and whatever it's called, marriage is a very serious step with lots of ramifications you need to know about before tying the knot! Especially in a community-property country like Brazil!