Same-sex marriage in Cuba explained

Same-sex marriage has been legal in Cuba since 27 September 2022 after a majority of voters approved the legalization of same-sex marriage in a referendum two days prior. The Constitution of Cuba prohibited same-sex marriage until 2019, and in May 2019 the government announced plans to legalize same-sex marriage. A draft family code containing provisions allowing same-sex couples to marry and adopt was approved by the National Assembly of People's Power on 21 December 2021.[1] The text was under public consultation until 6 June 2022, and was approved by the Assembly on 22 July 2022.[2] The measure was approved by two-thirds of voters in a referendum held on 25 September 2022.[3] [4] President Miguel Díaz-Canel signed the new family code into law on 26 September,[5] [6] and it took effect upon publication in the Official Gazette the following day.[7]

Cuba was the first independent nation in the Caribbean, the first communist state, the fourth country in North America,[8] the eighth in Latin America, and the 32nd in the world to legalize same-sex marriage.

Civil unions

A civil union law was first proposed in 2007.[9] The bill was reportedly discussed by the National Assembly of People's Power and promoted by Mariela Castro, director of the Cuban Sexual Education Center and daughter of the First Secretary of the Communist Party, Raúl Castro.[10] [11] [12] The legislation did not reach a vote in Parliament, even though Mariela Castro said that it had the support of her father.[13]

The 2022 Cuban Family Code put to a referendum on 25 September 2022 includes provisions allowing couples access to civil unions (Spanish; Castilian: uniones de hecho afectivas).[14] [4]

Same-sex marriage

Attempts to repeal constitutional ban

Article 36 of the Constitution of Cuba, enacted in 1976, defined marriage as "the voluntarily established union between a man and a woman" until 2019.[15] This wording constitutionally banned same-sex marriage. In December 2017, LGBT groups launched a public campaign to repeal the ban.[16] On 4 May 2018, Mariela Castro said she would propose an amendment to the Constitution and accompanying measure to legalize same-sex marriage, as the process of constitutional reform was expected to begin in July 2018.[17] [18] On 21 July, the Secretary of the Council of State, Homero Acosta Álvarez, said that the draft constitution included a provision defining marriage as a "union between two people".[19] [20] The National Assembly approved the draft on 22 July. It was subject to public consultation between 13 August and 15 November 2018.[21] [22] [23] [24] [25] [26]

The issue of same-sex marriage resulted in rare public debates and organising in Cuba. In June 2018, five Christian denominations called same-sex marriage "contrary to the spirit of Communist Revolution".[27] In what was described as "a war of posters", both opponents and supporters of same-sex marriage displayed hundreds of posters around Havana.[28] In September 2018, following conservative opposition to the proposal to legalise same-sex marriage, President Miguel Díaz-Canel announced his support for same-sex marriage in his first interview since taking office in April, telling TV Telesur that he supported "marriage between people without any restrictions", and was in favor of "eliminating any type of discrimination in society".[29] [30]

On 18 December, the constitutional commission removed the definition of marriage from the draft. Instead, the commission chose to use gender-neutral language and define marriage as a "social and legal institution" without reference to the gender of the parties. This meant that the new constitution would not legalize same-sex marriage, but at the same time the ban on same-sex marriage would be repealed.[31] [32] Mariela Castro said that same-sex marriage would instead be legalised through a change to the Family Code.

The new constitution was approved in a referendum by 90.6% of voters on 24 February 2019, and took effect on 10 April 2019.[33] [34] Article 82 reads as follows:

Changes to the Family Code

See also: 2022 Cuban Family Code referendum. Before the legalization of same-sex marriage in September 2022, article 2 of the Cuban Family Code restricted marriage to "a man and a woman". It also did not recognize same-sex marriages performed outside of Cuba.[35]

In early March 2019, shortly after the constitutional referendum, the government launched a public consultation process on a new family code that would include provisions recognizing same-sex marriage.[36] In May 2019, it was announced that the Union of Jurists of Cuba was working on the new code, with a source stating that "Cuba is working today on the elaboration of a new Code of the Family, with the challenge of including the diversity of family institutions and problems of the social scenario".[37] A draft family code legalizing same-sex marriage was presented in September 2021.[38] It was approved unanimously by the National Assembly on 21 December 2021,[39] and published in the Official Gazette on 13 January 2022.[40] The text was under public consultation from 15 February to 6 June 2022.[3] [41] 79,000 meetings were held across Cuba in which about 6.5 million citizens participated, according to official data. The government reported that 61% of the responses to the consultation were in favor of same-sex marriage.[42] During the consultation process, some LGBT activists criticized holding a referendum on the issue of same-sex marriage, arguing that minority rights should not be put to a public vote. The government said that it did not want to impose same-sex marriage by force against the public's will.

Article 201 of the code describes marriage as a "consensual union of two people", and chapter 3 of the code allows same-sex couples to adopt. The code also ensures greater protection for children and adolescents, the co-responsibility of parents in their education, and strict equality of rights between men and women. It also guarantees the right of minors not to be the object of exclusion, violence or parental neglect, and establishes a uniform marriageable age at 18 for men and women. Final approval by the Assembly occurred on 22 July 2022, with the code put to a referendum on 25 September 2022.[2] [43] Approximately 67% of voters approved the changes to the code, making Cuba the first communist state and the 32nd country in the world to legalize same-sex marriages.[44] [45] President Díaz-Canel signed the new code into law on 26 September,[6] and it took effect the following day upon publication in the Official Gazette.[7] The first same-sex marriage in Cuba was performed on 5 October 2022 in Manzanillo.[46]

Criticism

Writing in the Havana Times, commentator and human rights activist Luis Rondón Paz argued that the government never intended to legalize same-sex marriage, and was instead seeking to deflect attention from other domestic issues and promote itself internationally as a progressive state.[47] Some LGBT activist groups criticised the 2022 Cuban Family Code referendum as "a smokescreen for repression and human rights violations by the government",[48] an attempt at "pinkwashing", and argued that the Parliament should have approved a law on same-sex marriage without a referendum "because human rights should not be subject to the majority's will".[49] In an op-ed for the Council on Hemispheric Affairs, Tamara Hansen argued that "[s]ome [people] considered [that] pushing forward with explicit recognition of the right to same-sex marriage without building wider understanding and support could undermine the constitutional reform process. In particular, it could have opened a space for enemies of the Cuban revolution to sow further division in society [...]".[50]

Religious performance

A pastor from the Metropolitan Community Church in Matanzas officiated at the marriage ceremony of Luis Alberto Vallejo Rodríguez and Luis Miguel Fernández Neves on 6 October 2019, in what is believed to be the first church wedding for a same-sex couple in Cuba, though the marriage lacked legal recognition at the time.[51]

Public opinion

A 2019 Apretaste opinion survey showed that 63.1% of Cubans were in favor of legalising same-sex marriage, while 36.9% were opposed.[52]

See also

External links

Notes and References

  1. Web site: Cuba aprueba el Código de Familias y avanza hacia el matrimonio igualitario. Swissinfo.ch. es. 22 December 2021. Havana. 16 January 2022. 16 January 2022. https://web.archive.org/web/20220116171814/https://www.swissinfo.ch/spa/cuba-matrimonio_cuba-aprueba-el-c%C3%B3digo-de-familias-y-avanza-hacia-el-matrimonio-igualitario/47210034. live.
  2. Web site: Cuba approves law change that opens door to gay marriage, other family rights. 23 July 2022. Reuters. Nelson Acosta. 2022-07-22. 2022-08-01. https://web.archive.org/web/20220801152631/https://www.reuters.com/world/americas/cuba-approves-law-change-that-opens-door-gay-marriage-other-family-rights-2022-07-22/. live.
  3. Web site: Cuba inicia consultas populares sobre Código de Familias. The San Diego Union Tribune. 1 February 2022. Rodriguez. Andrea. es. 2022-02-04. 2022-02-04. https://web.archive.org/web/20220204195011/https://www.sandiegouniontribune.com/en-espanol/noticias/story/2022-02-01/cuba-inicia-consultas-populares-sobre-codigo-de-familias. live.
  4. News: . September 26, 2022 . Cuba Family Code: Country votes to legalise same-sex marriage . en-GB . BBC News . September 26, 2022 . September 26, 2022 . https://web.archive.org/web/20220926134042/https://www.bbc.com/news/world-latin-america-63035426 . live .
  5. presidenciacuba. 1574495580239413253 . 2022-09-27 . En acto oficial, el Presidente de @AsambleaCuba, Esteban Lazo Hernández, y el Presidente de la República, @DiazCanelB, firmaron y refrendaron la nueva Ley del #CódigoDeLasFamilias, luego de la victoria en el Referendo Popular. #ElAmorYaEsLey . es . 2022-09-27 . https://web.archive.org/web/20220927202519/https://twitter.com/presidenciacuba/status/1574495580239413253 . live.
  6. Web site: Ganó el Sí, se ha hecho justicia . 2023-02-02 . Granma.cu . 27 September 2022 . es.
  7. Web site: Ley No. 156 "Código de las Familias" . 27 September 2022 . 27 September 2022 . Gaceta Oficial de la República de Cuba . es.
  8. Web site: 17 May 2019 . Same-Sex Marriage Around the World . live . https://web.archive.org/web/20170630034000/http://www.pewforum.org/2015/06/26/gay-marriage-around-the-world-2013/ . 30 June 2017 . 23 May 2019 . Pew Research Center.
  9. News: Cuba discutirá derechos gay . 26 March 2008 . 2020-06-04 . 2020-06-22 . https://web.archive.org/web/20200622224549/http://news.bbc.co.uk/hi/spanish/latin_america/newsid_7315000/7315708.stm . live .
  10. News: Havana Times. Mariela Castro: Cuba 'Ready' for Gay Unions. 11 December 2012. 24 September 2018. 14 February 2018. https://web.archive.org/web/20180214073355/https://www.havanatimes.org/?p=83437. live.
  11. News: Raul Castro's daughter: Cuba eyes same-sex unions. Boston Globe. 17 January 2012. 24 September 2018. 5 March 2016. https://web.archive.org/web/20160305000112/http://www.boston.com/news/world/latinamerica/articles/2012/01/17/raul_castros_daughter_cuba_eyes_same_sex_unions/. live.
  12. Web site: Mariela Castro says Cuba to consider civil unions for gays . 2012-01-20 . https://web.archive.org/web/20120121022325/http://www.globalpost.com/dispatch/news/regions/americas/cuba/120117/mariela-castro-says-cuba-consider-civil-unions-gays . 2012-01-21 . dead .
  13. News: Reuters. Cubans celebrate gay rights, but marriage remains distant. 24 September 2018. Daniel. Trotta. 10 May 2014. 21 June 2017. https://web.archive.org/web/20170621084918/http://www.reuters.com/article/us-cuba-gay-idUSKBN0DQ0J720140510. live.
  14. News: Cuba to hold referendum on same-sex marriage . en-US . Washington Post . 2022-07-26 . 0190-8286 . 2022-07-24 . https://web.archive.org/web/20220724144425/https://www.washingtonpost.com/world/2022/07/23/cuba-same-sex-marriage-referendum-family/ . live .
  15. Web site: Article 36, Constitution of the Republic of Cuba, 1992 . 2018-07-23 . 2019-03-28 . https://web.archive.org/web/20190328192149/https://www.cubanet.org/htdocs/ref/dis/const_92_e.htm . live .
  16. News: 13 December 2017. es. Homosexuales cubanos luchan por insertar el matrimonio gay en la Constitución de la Isla. cibercuba.com. 24 September 2018. 12 May 2019. https://web.archive.org/web/20190512163514/https://www.cibercuba.com/videos/noticias/2017-12-13-u1-e186450-homosexuales-cubanos-luchan-insertar-matrimonio-gay. live.
  17. News: Raul Castro's lawmaker daughter wants to make same-sex marriage legal in Cuba. 4 May 2018. 24 September 2018. Edmonton Journal. 27 June 2018. https://web.archive.org/web/20180627144356/http://edmontonjournal.com/news/world/raul-castros-daughter-to-push-for-gay-marriage-in-cuba/wcm/3fcff9cf-4f01-499f-8817-0c16091023b2. live.
  18. News: es. Hija de Castro impulsa el matrimonio gay en Cuba. 4 May 2018. La Razon. 24 September 2018. 14 August 2018. https://web.archive.org/web/20180814095458/https://www.razon.com.mx/hija-de-castro-impulsa-matrimonio-gay-cuba/. live.
  19. News: Reuters. Cuba's draft constitution opens path to gay marriage. Sarah. Marsh. 21 July 2018. 24 September 2018. 6 May 2019. https://web.archive.org/web/20190506051852/https://www.reuters.com/article/us-cuba-assembly-gaymarriage/cubas-draft-constitution-opens-path-to-gay-marriage-idUSKBN1KB0P6. live.
  20. News: Cuba's new constitution would allow same-sex marriages. 21 July 2018. 24 September 2018. Digital Journal. 22 July 2018. https://web.archive.org/web/20180722011409/http://www.digitaljournal.com/news/world/cuba-s-new-constitution-would-allow-same-sex-marriages/article/527632. live.
  21. News: Agencia EFE. 22 July 2018. 24 September 2018. Cuba's National Assembly concludes debate on constitutional reforms. 28 March 2019. https://web.archive.org/web/20190328180057/https://www.efe.com/efe/english/world/cuba-s-national-assembly-concludes-debate-on-constitutional-reforms/50000262-3698805. live.
  22. News: 23 July 2018. Cuban legislature adopts new constitution. Inquirer News. 24 September 2018. 27 October 2018. https://web.archive.org/web/20181027205432/https://newsinfo.inquirer.net/1012921/cuban-legislature-adopts-new-constitution. live.
  23. News: 23 July 2018. Cuba economic growth weak, president says, as lawmakers approve new constitution. Marc. Frank. Reuters. 24 September 2018. 8 April 2019. https://web.archive.org/web/20190408214849/https://www.reuters.com/article/us-cuba-assembly-economy/cuba-economic-growth-weak-president-says-as-lawmakers-approve-new-constitution-idUSKBN1KC0X5. live.
  24. Web site: Cuba's new constitution paves way for same-sex marriage. Ed. Augustin. The Guardian. 23 July 2018. 24 September 2018. 9 March 2019. https://web.archive.org/web/20190309125255/https://www.theguardian.com/world/2018/jul/23/cubas-new-constitution-paves-way-for-same-sex-marriage. live.
  25. Web site: es. Referendo de nueva constitución será el 24 de febrero. 11 August 2018. Rebelión. 24 September 2018. 14 June 2019. https://web.archive.org/web/20190614112426/http://www.rebelion.org/noticia.php?id=245164. live.
  26. Web site: A new dawn for Cuba? The draft constitution explained. Al Jazeera English. 17 November 2018. 17 November 2018. 17 May 2019. https://web.archive.org/web/20190517122250/https://www.aljazeera.com/news/2018/11/dawn-cuba-draft-constitution-explained-181111192818890.html. live.
  27. News: Evangelical churches in Cuba display anti-gay marriage posters against reform. PinkNews. Sofia. Lotto Persio. 24 September 2018. 24 July 2018. 9 December 2018. https://web.archive.org/web/20181209075638/https://www.pinknews.co.uk/2018/07/24/anti-gay-marriage-church-cuba/. live.
  28. News: es. 22 July 2018. La "guerra de carteles" por el matrimonio igualitario en Cuba. 24 September 2018. cibercuba.com. 10 December 2018. https://web.archive.org/web/20181210074203/https://www.cibercuba.com/noticias/2018-07-22-u1-e186450-s27061-guerra-carteles-matrimonio-igualitario-cuba. live.
  29. Web site: New Cuban president says he supports same-sex marriage. The Hill. 17 September 2018. Anapol. Avery. 22 September 2018. 29 April 2019. https://web.archive.org/web/20190429011848/https://thehill.com/blogs/blog-briefing-room/news/407066-new-cuban-president-says-he-supports-same-sex-marriage. live.
  30. Web site: Cuban President Miguel Diaz-Canel backs same-sex marriage. Mitchell. Charlotte. 18 September 2018. Al Jazeera. 24 September 2018. 17 May 2019. https://web.archive.org/web/20190517122311/https://www.aljazeera.com/news/2018/09/cuban-president-miguel-diaz-canel-backs-sex-marriage-180917162537797.html. live.
  31. News: Cuba eliminates gay marriage language from new constitution. Local10.com. Hatzel. Vela. 18 December 2018. 19 December 2018. https://web.archive.org/web/20181219100037/https://www.local10.com/news/cuba/cuba-eliminates-gay-marriage-language-from-new-constitution-19. 19 December 2018. live.
  32. News: Cuba eliminates gay marriage language from new constitution. Associated Press. Yahoo!. Michael. Weissenstein. Andrea. Rodriguez. 18 December 2018. 19 December 2018. https://web.archive.org/web/20181219100831/https://www.yahoo.com/news/cuba-eliminates-gay-marriage-language-constitution-233553613.html. 19 December 2018. live.
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  34. News: Cubans overwhelmingly ratify new socialist constitution. Reuters. Marc. Frank. Nelson. Acosta. 25 February 2019. 25 February 2019. 21 June 2020. https://web.archive.org/web/20200621001022/https://www.reuters.com/article/us-cuba-constitution-referendum-idUSKCN1QE22Y. live.
  35. MEDICC Review. Legal and Ethical Aspects of HIV/AIDS in Cuba. Evelio J.. Alpízar Pérez. María E.. Cobas Cobiella. Mercedes. Rodríguez Acosta. 2001. 2018-07-23. 2018-10-13. https://web.archive.org/web/20181013034651/http://www.medicc.org/publications/medicc_review/III/hiv-aids/pages/legal.html. live. First presented at the 4th International Conference on HIV/AIDS in Cuba, Central America and the Caribbean, Havana, Cuba, January 2000
  36. Web site: El Gobierno de Cuba someterá a consulta popular el nuevo Código de Familia. CiberCuba. 8 March 2019. es. 2019-03-09. 2019-03-28. https://web.archive.org/web/20190328191838/https://www.cibercuba.com/noticias/2019-03-08-u1-e192519-s27061-gobierno-cuba-sometera-consulta-popular-nuevo-codigo-familia. live.
  37. Web site: Cuba anuncia que elabora nuevo Código de Familia "inclusivo" en medio de las tensiones con la Comunidad LGBTI+. Ciber Cuba. 14 May 2019. es. 2019-05-23. 2020-10-30. https://web.archive.org/web/20201030143921/https://www.cibercuba.com/noticias/2019-05-15-u1-e199556-s27061-cuba-anuncia-elabora-nuevo-codigo-familia-inclusivo-medio. live.
  38. Web site: DDC. 2021-09-16. El matrimonio igualitario regresa al anteproyecto de Código de Familias cubano DIARIO DE CUBA. 2021-09-16. diariodecuba.com. es. 2021-09-16. https://web.archive.org/web/20210916154829/https://diariodecuba.com/cuba/1631742813_34132.html. live.
  39. Web site: Cuba abre la puerta al matrimonio igualitario con la aprobación del nuevo Código de Famílias. El Español. 21 December 2021. es. 16 January 2022. 18 January 2022. https://web.archive.org/web/20220118182523/https://www.elespanol.com/mundo/america/20211222/cuba-puerta-matrimonio-igualitario-aprobacion-codigo-familias/636686344_0.html. live.
  40. Web site: Matrimonio igualitario estará sometido a consulta popular en Cuba. Milenio. es. 13 January 2022. 16 January 2022. 16 January 2022. https://web.archive.org/web/20220116171818/https://www.milenio.com/internacional/matrimonio-igualitario-sometido-consulta-popular-cuba. live.
  41. Web site: Cuba Begins Public Consultation on Same-Sex Marriage Law. Law.com. 16 February 2022. 17 February 2022. 17 February 2022. https://web.archive.org/web/20220217004911/https://www.law.com/dailybusinessreview/2022/02/16/cuba-begins-public-consultation-on-same-sex-marriage-law/. live.
  42. Web site: El 61% de los cubanos consultados está de acuerdo con el Código de las Familias. CiberCuba. 28 April 2022. es. 2022-04-30. 2022-05-03. https://web.archive.org/web/20220503103410/https://www.cibercuba.com/noticias/2022-04-28-u1-e199482-s27061-61-propuestas-codigo-familias-cuba-positivo. live.
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  45. Web site: Cuba Approves Same-Sex Marriage in Historic Vote. The New York Times. 26 September 2022. Eduardo Medina. 27 September 2022. 27 September 2022. https://web.archive.org/web/20220927024650/https://www.nytimes.com/2022/09/26/world/americas/cuba-same-sex-marriage-adoption.html. live.
  46. Web site: Primera pareja homosexual cubana legaliza su unión tras la reforma legal. swissinfo.ch. es. 6 October 2022. Havana.
  47. Web site: Same-Sex Marriage Will Never Be in Cuba's Constitution. 23 December 2018. Havana Times. Rondon Paz. Luis. 26 December 2018. 27 September 2022. https://web.archive.org/web/20220927202423/https://havanatimes.org/diaries/luis-rondons-diary/same-sex-marriage-will-never-be-in-cubas-constitution/. live.
  48. Web site: Rojas . Laura Maria . 6 June 2023 . Cuba's family code recognizes diversity in families expanding rights for children, women, and LGBTQI+ people . Pathfinders for Peaceful, Just and Inclusive Societies . 24 November 2023.
  49. News: Sosin . Eileen . 6 April 2023 . Equal marriage has improved our lives, says LGBT Cubans . . 24 November 2023 . Amid this backlash, one silver lining came in the various initiatives of LGBTIQ activists and their allies, who fought hard to win support for the Family Code. They also criticised the government's attempt at 'pinkwashing', saying that human rights are not subject to the majority's will and Parliament should have just approved a law on equal marriage..
  50. News: Hansen . Tamara . 11 April 2019 . Socialist Cuba Decides: Cubans Vote in Full Force to Approve the New Constitution . . 24 November 2023.
  51. Web site: Iglesia de la Comunidad Metropolitana Oficia Matrimonio Gay en Matanzas. Asere. es. 7 October 2019. 17 February 2022. 17 February 2022. https://web.archive.org/web/20220217004914/https://www.asere.com/iglesia-de-la-comunidad-metropolitana-en-cuba-oficia-matrimonio-gay-en-matanzas/. live.
  52. Web site: Encuesta: Un 63,1% de los cubanos quiere matrimonio igualitario en la Isla. Diario de Cuba. 18 July 2019. es. 21 July 2019. 21 July 2019. https://web.archive.org/web/20190721094435/http://www.diariodecuba.com/cuba/1563458400_47594.html. live.

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