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Same-sex marriage in Cuba

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

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.[1] The Constitution of Cuba prohibited same-sex marriage until 2019, and in May 2019 the government announced plans to legalize same-sex marriage.[2] 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.[3] The text was under public consultation until 6 June 2022, and was approved by the Assembly on 22 July 2022.[4] The measure was approved by two-thirds of voters in a referendum held on 25 September 2022.[5][1] President Miguel Díaz-Canel signed the new family code into law on 26 September,[6][7] and it took effect upon publication in the Official Gazette the following day.[8]

Cuba was the first independent nation in the Caribbean, the first communist state, the fourth country in North America,[9] the eighth in Latin America,[a] and the 32nd in the world to legalize same-sex marriage.

Civil unions

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A civil union law was first proposed in 2007.[10] 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.[11][12][13] The legislation did not reach a vote in Parliament, even though Mariela Castro said that it had the support of her father.[14]

The 2022 Cuban Family Code put to a referendum on 25 September 2022 includes provisions allowing couples access to civil unions (uniones de hecho afectivas).[15][1]

Same-sex marriage

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Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Country subject to IACHR ruling
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but law not enforced

Attempts to repeal constitutional ban

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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.[16] This wording constitutionally banned same-sex marriage. In December 2017, LGBT groups launched a public campaign to repeal the ban.[17] 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.[18][19] 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".[20][21] The National Assembly approved the draft on 22 July. It was subject to public consultation between 13 August and 15 November 2018.[22][23][24][25][26][27]

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".[28] In what was described as "a war of posters", both opponents and supporters of same-sex marriage displayed hundreds of posters around Havana.[29] 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".[30][31]

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.[32][33] 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.[34][35] Article 82 reads as follows:

Marriage is a social and legal institution. It is one form of family organization. It is based on free will and equality of rights, obligations and legal capacity of the spouses. The law decides how it is constituted and its effects.[b]

Changes to the Family Code

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See also: 2022 Cuban Family Code referendum
Results of the 2022 Family Code referendum by province

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.[37]

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.[2] 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".[38] A draft family code legalizing same-sex marriage was presented in September 2021.[39] It was approved unanimously by the National Assembly on 21 December 2021,[40] and published in the Official Gazette on 13 January 2022.[41] The text was under public consultation from 15 February to 6 June 2022.[5][42] 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.[43] 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",[c] 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.[4][44] 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.[45][46] President Díaz-Canel signed the new code into law on 26 September,[6][7] and it took effect the following day upon publication in the Official Gazette.[8] The first same-sex marriage in Cuba was performed on 5 October 2022 in Manzanillo.[47]

2022 Cuban Family Code referendum[48]
Choice Votes %
Referendum passed Yes 3,950,288 66.85
No 1,959,097 33.15
Valid votes 5,909,385 94.26
Invalid or blank votes 360,042 5.74
Total votes 6,269,427 100.00
Registered voters/turnout 8,447,467 74.22

Criticism

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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.[49] Some LGBT activist groups criticised the 2022 Cuban Family Code referendum as "a smokescreen for repression and human rights violations by the government",[50] 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".[51] 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 [...]".[52]

Statistics

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75 same-sex marriages were performed in the first month of legalization, accounting for about 2.3% of all marriages performed in Cuba during that time.[53] 513 same-sex couples had married by 9 March 2023.[54]

Religious performance

[edit]

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.[55]

Public opinion

[edit]

A 2019 Apretaste opinion survey showed that 63.1% of Cubans were in favor of legalising same-sex marriage, while 36.9% were opposed.[56]

See also

[edit]

Notes

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  1. ^ After Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, and Uruguay
  2. ^ In Spanish: El matrimonio es una institución social y jurídica. Es una de las formas de organización de las familias. Se funda en el libre consentimiento y en la igualdad de derechos, obligaciones y capacidad legal de los cónyuges. La ley determina la forma en que se constituye y sus efectos.[36]
  3. ^ Article 201 states El matrimonio es la unión voluntariamente concertada de dos personas., translating to "Marriage is the consensual union of two people".

References

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  1. ^ a b c "Cuba Family Code: Country votes to legalise same-sex marriage". BBC News. September 26, 2022. Archived from the original on September 26, 2022. Retrieved September 26, 2022.
  2. ^ a b "El Gobierno de Cuba someterá a consulta popular el nuevo Código de Familia". CiberCuba (in Spanish). 8 March 2019. Archived from the original on 2019-03-28. Retrieved 2019-03-09.
  3. ^ "Cuba aprueba el Código de Familias y avanza hacia el matrimonio igualitario". Swissinfo.ch (in Spanish). Havana. 22 December 2021. Archived from the original on 16 January 2022. Retrieved 16 January 2022.
  4. ^ a b Nelson Acosta (23 July 2022). "Cuba approves law change that opens door to gay marriage, other family rights". Reuters. Archived from the original on 2022-08-01. Retrieved 2022-07-22.
  5. ^ a b Rodriguez, Andrea (1 February 2022). "Cuba inicia consultas populares sobre Código de Familias". The San Diego Union Tribune (in Spanish). Archived from the original on 2022-02-04. Retrieved 2022-02-04.
  6. ^ a b @presidenciacuba (September 26, 2022). "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" (Tweet) (in Spanish). Archived from the original on 2022-09-27. Retrieved 2022-09-27 – via Twitter.
  7. ^ a b "Ganó el Sí, se ha hecho justicia". Granma.cu (in Spanish). 27 September 2022. Retrieved 2023-02-02.
  8. ^ a b "Ley No. 156 "Código de las Familias"" (PDF). Gaceta Oficial de la República de Cuba (in Spanish). 27 September 2022. Retrieved 27 September 2022.
  9. ^ "Same-Sex Marriage Around the World". Pew Research Center. 17 May 2019. Archived from the original on 30 June 2017. Retrieved 23 May 2019.
  10. ^ "Cuba discutirá derechos gay". 26 March 2008. Archived from the original on 2020-06-22. Retrieved 2020-06-04.
  11. ^ "Mariela Castro: Cuba 'Ready' for Gay Unions". Havana Times. 11 December 2012. Archived from the original on 14 February 2018. Retrieved 24 September 2018.
  12. ^ "Raul Castro's daughter: Cuba eyes same-sex unions". Boston Globe. 17 January 2012. Archived from the original on 5 March 2016. Retrieved 24 September 2018.
  13. ^ "Mariela Castro says Cuba to consider civil unions for gays". Archived from the original on 2012-01-21. Retrieved 2012-01-20.
  14. ^ Trotta, Daniel (10 May 2014). "Cubans celebrate gay rights, but marriage remains distant". Reuters. Archived from the original on 21 June 2017. Retrieved 24 September 2018.
  15. ^ "Cuba to hold referendum on same-sex marriage". Washington Post. ISSN 0190-8286. Archived from the original on 2022-07-24. Retrieved 2022-07-26.
  16. ^ "Article 36, Constitution of the Republic of Cuba, 1992". Archived from the original on 2019-03-28. Retrieved 2018-07-23.
  17. ^ "Homosexuales cubanos luchan por insertar el matrimonio gay en la Constitución de la Isla". cibercuba.com (in Spanish). 13 December 2017. Archived from the original on 12 May 2019. Retrieved 24 September 2018.
  18. ^ "Raul Castro's lawmaker daughter wants to make same-sex marriage legal in Cuba". Edmonton Journal. 4 May 2018. Archived from the original on 27 June 2018. Retrieved 24 September 2018.
  19. ^ "Hija de Castro impulsa el matrimonio gay en Cuba". La Razon (in Spanish). 4 May 2018. Archived from the original on 14 August 2018. Retrieved 24 September 2018.
  20. ^ Marsh, Sarah (21 July 2018). "Cuba's draft constitution opens path to gay marriage". Reuters. Archived from the original on 6 May 2019. Retrieved 24 September 2018.
  21. ^ "Cuba's new constitution would allow same-sex marriages". Digital Journal. 21 July 2018. Archived from the original on 22 July 2018. Retrieved 24 September 2018.
  22. ^ "Cuba's National Assembly concludes debate on constitutional reforms". Agencia EFE. 22 July 2018. Archived from the original on 28 March 2019. Retrieved 24 September 2018.
  23. ^ "Cuban legislature adopts new constitution". Inquirer News. 23 July 2018. Archived from the original on 27 October 2018. Retrieved 24 September 2018.
  24. ^ Frank, Marc (23 July 2018). "Cuba economic growth weak, president says, as lawmakers approve new constitution". Reuters. Archived from the original on 8 April 2019. Retrieved 24 September 2018.
  25. ^ Augustin, Ed (23 July 2018). "Cuba's new constitution paves way for same-sex marriage". The Guardian. Archived from the original on 9 March 2019. Retrieved 24 September 2018.
  26. ^ "Referendo de nueva constitución será el 24 de febrero". Rebelión (in Spanish). 11 August 2018. Archived from the original on 14 June 2019. Retrieved 24 September 2018.
  27. ^ "A new dawn for Cuba? The draft constitution explained". Al Jazeera English. 17 November 2018. Archived from the original on 17 May 2019. Retrieved 17 November 2018.
  28. ^ Lotto Persio, Sofia (24 July 2018). "Evangelical churches in Cuba display anti-gay marriage posters against reform". PinkNews. Archived from the original on 9 December 2018. Retrieved 24 September 2018.
  29. ^ "La "guerra de carteles" por el matrimonio igualitario en Cuba". cibercuba.com (in Spanish). 22 July 2018. Archived from the original on 10 December 2018. Retrieved 24 September 2018.
  30. ^ Anapol, Avery (17 September 2018). "New Cuban president says he supports same-sex marriage". The Hill. Archived from the original on 29 April 2019. Retrieved 22 September 2018.
  31. ^ Mitchell, Charlotte (18 September 2018). "Cuban President Miguel Diaz-Canel backs same-sex marriage". Al Jazeera. Archived from the original on 17 May 2019. Retrieved 24 September 2018.
  32. ^ Vela, Hatzel (18 December 2018). "Cuba eliminates gay marriage language from new constitution". Local10.com. Archived from the original on 19 December 2018. Retrieved 19 December 2018.
  33. ^ Weissenstein, Michael; Rodriguez, Andrea (18 December 2018). "Cuba eliminates gay marriage language from new constitution". Yahoo!. Associated Press. Archived from the original on 19 December 2018. Retrieved 19 December 2018.
  34. ^ "Cuba Proclaimed Its New Constitution". Prensa Latina. 10 April 2019. Archived from the original on 10 April 2019. Retrieved 14 April 2019.
  35. ^ Frank, Marc; Acosta, Nelson (25 February 2019). "Cubans overwhelmingly ratify new socialist constitution". Reuters. Archived from the original on 21 June 2020. Retrieved 25 February 2019.
  36. ^ (in Spanish) Constitución de la República de Cuba Archived 2019-09-01 at the Wayback Machine
  37. ^ Alpízar Pérez, Evelio J.; Cobas Cobiella, María E.; Rodríguez Acosta, Mercedes (2001). "Legal and Ethical Aspects of HIV/AIDS in Cuba". MEDICC Review. Archived from the original on 2018-10-13. Retrieved 2018-07-23. First presented at the 4th International Conference on HIV/AIDS in Cuba, Central America and the Caribbean, Havana, Cuba, January 2000
  38. ^ "Cuba anuncia que elabora nuevo Código de Familia "inclusivo" en medio de las tensiones con la Comunidad LGBTI+". Ciber Cuba (in Spanish). 14 May 2019. Archived from the original on 2020-10-30. Retrieved 2019-05-23.
  39. ^ DDC (2021-09-16). "El matrimonio igualitario regresa al anteproyecto de Código de Familias cubano | DIARIO DE CUBA". diariodecuba.com (in Spanish). Archived from the original on 2021-09-16. Retrieved 2021-09-16.
  40. ^ "Cuba abre la puerta al matrimonio igualitario con la aprobación del nuevo Código de Famílias". El Español (in Spanish). 21 December 2021. Archived from the original on 18 January 2022. Retrieved 16 January 2022.
  41. ^ "Matrimonio igualitario estará sometido a consulta popular en Cuba". Milenio (in Spanish). 13 January 2022. Archived from the original on 16 January 2022. Retrieved 16 January 2022.
  42. ^ "Cuba Begins Public Consultation on Same-Sex Marriage Law". Law.com. 16 February 2022. Archived from the original on 17 February 2022. Retrieved 17 February 2022.
  43. ^ "El 61% de los cubanos consultados está de acuerdo con el Código de las Familias". CiberCuba (in Spanish). 28 April 2022. Archived from the original on 2022-05-03. Retrieved 2022-04-30.
  44. ^ "Cuba announces same-sex marriage referendum". DW News. 23 July 2022. Archived from the original on 23 July 2022. Retrieved 23 July 2022.
  45. ^ "Cuba overwhelmingly approves same-sex marriage in referendum". Al Jazeera English. 26 September 2022. Archived from the original on 26 September 2022. Retrieved 27 September 2022.
  46. ^ Eduardo Medina (26 September 2022). "Cuba Approves Same-Sex Marriage in Historic Vote". The New York Times. Archived from the original on 27 September 2022. Retrieved 27 September 2022.
  47. ^ "Primera pareja homosexual cubana legaliza su unión tras la reforma legal". swissinfo.ch (in Spanish). Havana. 6 October 2022.
  48. ^ "Resultados Finales que incluyen Cuba y el exterior". Censejo Electoral Nacional. 27 September 2022. Archived from the original on 26 September 2022.
  49. ^ Rondon Paz, Luis (23 December 2018). "Same-Sex Marriage Will Never Be in Cuba's Constitution". Havana Times. Archived from the original on 27 September 2022. Retrieved 26 December 2018.
  50. ^ 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. Retrieved 24 November 2023.
  51. ^ Sosin, Eileen (6 April 2023). "Equal marriage has improved our lives, says LGBT Cubans". openDemocracy. Retrieved 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.
  52. ^ Hansen, Tamara (11 April 2019). "Socialist Cuba Decides: Cubans Vote in Full Force to Approve the New Constitution". Council on Hemispheric Affairs. Retrieved 24 November 2023.
  53. ^ Armas Ramos, Ariel (11 November 2022). "Matrimonios igualitarios en Cuba propician mayor equidad". CIPS (in Spanish).
  54. ^ "El matrimonio igualitario mejoró nuestras vidas, dicen parejas cubanas LGBT". openDemocracy (in Spanish). 6 April 2023.
  55. ^ "Iglesia de la Comunidad Metropolitana Oficia Matrimonio Gay en Matanzas". Asere (in Spanish). 7 October 2019. Archived from the original on 17 February 2022. Retrieved 17 February 2022.
  56. ^ "Encuesta: Un 63,1% de los cubanos quiere matrimonio igualitario en la Isla". Diario de Cuba (in Spanish). 18 July 2019. Archived from the original on 21 July 2019. Retrieved 21 July 2019.
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