Recognition of same-sex unions in Argentina: Wikis

  
  

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From Wikipedia, the free encyclopedia

Legal recognition of
same-sex couples
Same-sex marriage

Belgium
Canada
Netherlands
Norway

South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: DF*
United States: CT, DC*, IA, MA, NH, VT, Coquille

Recognized, not performed

Israel
United States: CA (conditional), NY

Civil unions and
registered partnerships

Andorra
Austria
Colombia
Czech Republic
Denmark
Ecuador
Finland
France
Germany
Greenland

Hungary
Iceland
Luxembourg
New Caledonia
New Zealand
Slovenia
Switzerland
Wallis and Futuna
United Kingdom
Uruguay

Performed in some jurisdictions

Argentina: BA, RC, RN, VCP
Australia: ACT, TAS, VIC
Mexico: COA
United States: CA, CO, HI, ME, NJ, NV, OR, WA, WI
Venezuela: ME

Recognized, not performed

Isle of Man (UK only)

Unregistered co-habitation

Argentina
Australia
Brazil

Croatia
Israel
Portugal

In some regions

United States: MD, RI

Status in other jurisdictions

Albania
Aruba
Bolivia
Bulgaria
Burundi
Cambodia
Chile
China (PRC)
ROC (Taiwan)
Congo (DRC)
Costa Rica
Cuba
Dominican Republic
El Salvador
Estonia
European Union
Faroe Islands
Greece
Honduras
India
Ireland
Italy
Jamaica
Japan
Jersey

Kosovo
Latvia
Liechtenstein
Lithuania
Malta
Moldova
Montenegro
Nepal
Netherlands Antilles
Nigeria
Panama
Paraguay
Philippines
Poland
Romania
Russia
Serbia
Slovakia
Singapore
South Korea
Uganda
Ukraine
Venezuela
Vietnam

United States: AL, AS, AZ, DE, FL, GU, IL, LA, ME, MI, MN, MT, NM, NC, OH, PA, PR, RI, SC, UT, WV, WY, Native Americans

Notes

*DC (subject to Congressional review) and Mexico City same-sex marriage laws are effective from 1 March and 4 March 2010, respectively.

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Civil union
Domestic partnership
Registered partnership
Civil partnership
Listings by country

LGBT portal

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.

Contents

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

South America      Same-sex marriage      Other type of partnership      Unregistered cohabitation      Unrecognized or unknown      No recognition, issue under consideration      No recognition, only same-sex marriage officially banned      No recognition, all types of partnerships officially banned      Homosexuality illegal

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.[22][23] The wedding was blocked on November 30th pending review by the supreme court.[24] On 28 December, the two men legally wed in Ushuaia, Tierra del Fuego, making them the first same-sex couple to marry in Latin America, after the Governor of Tierra del Fuego ordered the Civil Registry Office to perform and register their marriage.[25]

The Supreme Court is hearing two cases concerning the right of same-sex couples to marry.[26]

See also

References

  1. ^ "Argentine judge allows gay wedding in legal first". Reuters. 2009-11-13. http://uk.reuters.com/article/idUKTRE5AC32X20091113. Retrieved 2009-11-14.  
  2. ^ "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.  
  3. ^ 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.  
  4. ^ "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.  
  5. ^ "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.  
  6. ^ Río Cuarto: aprueban la unión civil de parejas gays, 7 May 2009
  7. ^ Argentina grants gay couples partner pensions, CNN, 19 August 2008
  8. ^ Aníbal Fernández supports parliamentary debate on same-sex marriages
  9. ^ Argentina Debates Gay Marriage
  10. ^ Argentina's Quest for Marriage Equality
  11. ^ Gay marriage, a law under discussion
  12. ^ Argentine lawmakers open debate on same-sex marriage
  13. ^ Congress debate gay marriage
  14. ^ Gay marriage is parliamentary debate
  15. ^ Deputies approve this year's draft gay marriage
  16. ^ Advances in Argentina the debate over gay marriage with the experience of the Spanish case
  17. ^ Hard Argentina rejection of the Church to gay marriage
  18. ^ Deputies: gay marriage law was postponed for 2010
  19. ^ Congress begins to debate gay marriage
  20. ^ Argentine Court Opens Door To Gay Marriage
  21. ^ Judge authorizes Argentina’s first gay marriage
  22. ^ Buenos Aires mayor won't appeal same-sex ruling
  23. ^ Macri will not appeal the ruling that enabled a gay wedding
  24. ^ "Argentine judge stops gay marriage". BBC News. 30 November 2009. http://news.bbc.co.uk/2/hi/americas/8387602.stm.  
  25. ^ Gay marriage in Argentina is 1st in Latin America
  26. ^ Gay marriage in Argentina could have a green light if the Court authorizes two cases







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