The Politics Of Gay Marriage In Latin America

Díez explores how and why Latin America has become a leader among nations in the passage of gay marriage legislation.

Díez explores how and why Latin America has become a leader among nations in the passage of gay marriage legislation.

This book is a follow-up volume to Same-Sex Marriage in the Americas: Policy Innovation for Same-Sex Relationships published by Lexington Books in 2010. It sheds light on regional, national, and individual-level factors that have led to major developments for same-sex relationship equality in Latin America and explores institutional, political, and social barriers for same-sex couples in the region. The first section of the book deals with general aspects of same-sex rights and policies in the Americas; including public opinion regarding same-sex marriage, diffusion of policy innovations for same-sex couples, judicialization of LGBT rights, and the role of the left in support of same-sex rights in Latin America. The second section examines country-cases regarding same-sex policies in Latin America and includes separate chapters on Central America, Argentina, Mexico, Colombia, and Uruguay. Overall, this research is innovative and unique because it covers the understudied policies of same-sex relationships in Latin America, despite its recent major developments, and includes both regional and national level analyses to explain such developments.

This book examines the proliferation of policy making concerning the recognition and protection of same-sex relationships in the countries of North and South America, adding to the knowledge of developments in the United States and Canada, but, mostly notable, exploring more recent developments in Mexico, Central and South America, and the Caribbean. While much work has been done on developments in Europe and upper North America, this book attempts to broaden the understanding of relationship equality policy proliferation around the world and to add new insights regarding the policies of sexuality in different national contexts. The book discusses the several factors that have constrained and facilitated policymaking in this area including legal systems, public opinion, political culture, and, more particularly, the role of religion as a key obstacle in the recognition of rights for same-sex couples. The chapters also explore the role of institutional mechanisms, political parties, NGOs, IGOs, and international norms as significant factors for policy adoption This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.

Known around the world as a bastion of Catholicism and machismo, Latin America has emerged in recent years as the undisputed gay rights leader of the Global South. Even more surprising is that several Latin American nations have surpassed many developed nations, including the United States, in legislating equality for the LGBT community. So how did this dramatic and unexpected expansion of gay rights come about? And why are Latin American nations diverging in their embrace of gay rights, a point highlighted by the paradoxical experiences of Argentina and Brazil? Argentina, a country with a dark history of repression of homosexuality, legalized same-sex marriage in 2010, a first for a Latin American nation; and since then it has enacted laws to ensure transgender equality, to abolish "ex-gay reparative therapy," and to provide reproductive assistance to same-sex couples. By contrast, Brazil, a country famous for celebrating sexual diversity, proved incapable of legalizing same-sex marriage via the legislature, leaving the job to the courts; and Brazilian anti-gay discrimination laws are among the weakest in Latin America. In Out in the Periphery, Omar G. Encarnación breaks away from the conventional narrative of Latin America's embrace of gay rights as a by-product of the global spread of gay rights from the developed West. Instead, Encarnación aims to "decenter" gay rights politics. His intention is not to demonstrate how the "local" has trumped the "global" in Latin America but rather to suggest how domestic and international politics interacted to make Latin America one of the world's most receptive environments for gay rights. Economic and political modernization, constitutional and judicial reforms, and the rise of socially liberal governments have all contributed to this receptivity. But the most decisive factor was the skill of local activists in crafting highly effective gay rights campaigns. Inspired by external events and trends, but firmly grounded in local politics and realities, these campaigns succeeded in bringing radical change to the law with respect to homosexuality and, in some cases, as in Argentina, in transforming society and the culture at large.

The city of Buenos Aires has guaranteed all couples, regardless of gender, the right to register civil unions. Mexico City has approved the Cohabitation Law, which grants same-sex couples marital rights identical to those of common-law relationships between men and women. Yet, a gay man was murdered every two days in Latin America in 2005, and Brazil recently led the world in homophobic murders. These facts illustrate the wide disparity in the treatment and rights of lesbian, gay, bisexual, and transgender (LGBT) populations across the region. The Politics of Sexuality in Latin America presents the first English-language reader on LGBT politics in Latin America. Representing a range of contemporary works by scholars, activists, analysts, and politicians, the chapters address LGBT issues in nations from Cuba to Argentina. In their many findings, two main themes emerge: the struggle for LGBT rights has made significant inroads in the first decade of the twenty-first century (though not in every domain or every region); and the advances made were slow in coming compared to other social movements. The articles uncover the many obstacles that LGBT activists face in establishing new laws and breaking down societal barriers. They identify perhaps the greatest roadblock in Latin American culture as an omnipresent system of "heteronormativity," wherein heterosexuality, patriarchalism, gender hierarchies, and economic structures are deeply rooted in nearly every level of society. Along these lines, the texts explore specific impediments, including family dependence, lack of public spaces, job opportunities, religious dictums, personal security, the complicated relationship between leftist political parties and LGBT movements in the region, and the ever-present "closets," which keep LGBT issues out of the public eye. The volume also looks to the future of LGBT activism in Latin America in areas such as globalization, changing demographics, the role of NGOs, and the rise of economic levels and education across societies, which may aid in a greater awareness of LGBT politics and issues. As the editors posit, to be democratic in the truest sense of the word, nations must recognize and address all segments of their populations.

Seeking Rights from the Left offers a unique comparative assessment of left-leaning Latin American governments by examining their engagement with feminist, women's, and LGBT movements and issues. Focusing on the “Pink Tide” in eight national cases—Argentina, Bolivia, Brazil, Chile, Ecuador, Nicaragua, Uruguay, and Venezuela—the contributors evaluate how the Left addressed gender- and sexuality-based rights through the state. Most of these governments improved the basic conditions of poor women and their families. Many significantly advanced women's representation in national legislatures. Some legalized same-sex relationships and enabled their citizens to claim their own gender identity. They also opened opportunities for feminist and LGBT movements to press forward their demands. But at the same time, these governments have largely relied on heteropatriarchal relations of power, ignoring or rejecting the more challenging elements of a social agenda and engaging in strategic trade-offs among gender and sexual rights. Moreover, the comparative examination of such rights arenas reveals that the Left's more general political and economic projects have been profoundly, if at times unintentionally, informed by traditional understandings of gender and sexuality. Contributors: Sonia E. Alvarez, María Constanza Diaz, Rachel Elfenbein, Elisabeth Jay Friedman, Niki Johnson, Victoria Keller, Edurne Larracoechea Bohigas, Amy Lind, Marlise Matos, Shawnna Mullenax, Ana Laura Rodríguez Gustá, Diego Sempol, Constanza Tabbush, Gwynn Thomas, Catalina Trebisacce, Annie Wilkinson

The first section of this Element reviews the history of LGBTQ rights in the region since the 1960s. The second section reviews explanations for the expansion of rights and setbacks, especially since the mid 2000s. Explanations are organized according to three themes: (1) the (re-)emergence of a religious cleavage; (2) the role of political institutions such as presidential leadership, political parties, federalism, courts, and transnational forces; and (3) the role of social movement strategies, and especially, unity. The last section compares the progress on LGBTQ rights (significant) with reproductive rights (insignificant). This Element concludes with an overview of the causes and possible future direction of the current backlash against LGBTQ rights.