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Same-sex marriage in Argentina

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The Socialist Party ( Spanish : Partido Socialista , PS) is a Centre-left political party in Argentina . Founded in 1896, it is one of the oldest still-active parties in Argentina, alongside the Radical Civic Union .

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96-703: Recognized Same-sex marriage has been legal in Argentina since July 22, 2010. Bills to legalize same-sex marriage were introduced to the National Congress in 2009 by deputies from the Socialist and New Encounter parties. Following much discussion, a unified bill passed the Chamber of Deputies on May 5, 2010 by a vote of 126 to 110, and the Senate on July 15 by 33 votes to 27. President Cristina Fernández de Kirchner signed

192-455: A civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction. Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of

288-586: A case involving an Austrian same-sex couple who were denied the right to marry. The court found, by a vote of 4 to 3, that their human rights had not been violated. The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination"). Article 12 of

384-515: A century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies. Research findings from 1998 to 2015 from

480-430: A divorce in jurisdictions that recognized same-sex marriages, with some exceptions. There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A " majority rules " position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives. In contrast,

576-674: A gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate , and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria,

672-408: A greater need for adoption or assisted reproductive technology to become parents. Lesbian couples often use artificial insemination to achieve pregnancy, and reciprocal in vitro fertilization (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. Surrogacy is an option for wealthier gay male couples, but

768-600: A homosexual union does not obscure many aspects of the lives of people who seek to be enlightened with a blessing and upon receiving it, this becomes the greatest possible good for these brothers since it leads to conversion." According to a Pew Research Center survey conducted between November 15, 2013 and January 8, 2014, 52% of Argentines supported same-sex marriage, while 40% were opposed. A 2015 Ipsos poll found that 59% of Argentines were in favour of same-sex marriage. A further 16% supported civil unions or other forms of legal recognition. A September–October 2016 survey by

864-545: A judge in Buenos Aires declared a second same-sex marriage, between Damián Bernath and Jorge Esteban Salazar Capón, illegal. On April 16, a third same-sex marriage between two women was annulled by a judge who ruled that Argentine law limited marriage to "a man and a woman". Administrative Judge Elena Liberatori later overturned that decision and declared the marriage valid, ordering the Civil Registry of Buenos Aires to deliver

960-654: A judge ordered prisons across the province of Córdoba to authorize conjugal visits for all gay prisoners and allow sexual relations between inmates who develop relationships in prison. Two weeks before the 2009 mid-term elections , Justice Minister Aníbal Fernández issued a statement saying that he was in favor of starting a same-sex marriage debate in Congress , that a gender-neutral law would "end discrimination", and that "many people are demanding it". Fernández also said that former President Néstor Kirchner , husband of President Cristina Fernández de Kirchner , supported having

1056-466: A judicial appeal to declare articles 172 and 188 of the Civil Code unconstitutional for preventing same-sex couples from marrying. On November 12, 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. Chief of Government Mauricio Macri said he would not appeal the ruling, but

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1152-562: A lesbian couple, Virgina Cortés and Jessica Schmukler, were blessed at the Danish Church of San Telmo in Buenos Aires, part of the Church of Denmark , the first blessing for a same-sex couple in Argentina. The Evangelical Methodist Church in Argentina allows its clergy the "freedom to accompany" same-sex couples and to bless their unions. In July 2016, Jesús Regules and Jonathan Díaz were married at

1248-409: A man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men." A few scholars believe that in the early Roman Empire some male couples were celebrating traditional marriage rites in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded. Various ancient sources state that

1344-1039: A month. Evangelical groups also joined the opposition. By July 2012, about 5,800 same-sex marriages had occurred in Argentina according to the Federación Argentina de Lesbianas, Gays, Bisexuales y Trans , distributed by jurisdiction as follows: Buenos Aires (1,455), the Autonomous City of Buenos Aires (1,405), Santa Fe (664), Córdoba (632), Mendoza (389), Tucumán (199), Salta (178), Entre Ríos (128), Neuquén (101), San Juan (70), Misiones (64), Río Negro (64), La Pampa (58), Jujuy (56), Chaco (51), Catamarca (49), Chubut (47), Formosa (44), Santiago del Estero (42), San Luis (37), Santa Cruz (35), Corrientes (31), La Rioja (31), and Tierra del Fuego (14). By July 2014, 9,362 same-sex marriages had been performed in Argentina. By 2017, more than 16,200 same-sex marriages had taken place in Argentina; 4,286 and 3,836 same-sex marriages were performed in

1440-912: A national level are: Bolivia , Croatia , Cyprus , the Czech Republic , Hungary , Italy , Latvia , Liechtenstein , Monaco , Montenegro and San Marino . Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel . Poland offers more limited rights. Additionally, various cities and counties in Cambodia and Japan offer same-sex couples varying levels of benefits, which include hospital visitation rights and others. Additionally, eighteen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: Argentina , Australia , Austria , Belgium , Brazil , Chile , Colombia , Ecuador , France , Greece , Luxembourg , Malta ,

1536-578: A number of countries have enacted preventative constitutional bans , with the most recent being Mali and Tuvalu in 2023, and Gabon in 2024. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman. In 2010, the European Court of Human Rights (ECHR) ruled in Schalk and Kopf v Austria ,

1632-555: A number of countries, including Kosovo , Lithuania , Peru , the Philippines , Poland , and Ukraine . On 12 March 2015, the European Parliament passed a non-binding resolution encouraging EU institutions and member states to "[reflect] on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue". In response to the international spread of same-sex marriage,

1728-466: A reference character for the party. In the 2005 parliamentary elections a Socialist-Radical alliance led by Binner won 5 seats in the national Lower House , and in the elections of 2007, Binner, leading a broad, centre-leftist political coalition (the Progressive, Civic and Social Front ), became the first Socialist to be elected governor of an Argentine province. In the 2011 general election , Binner

1824-484: A requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity. In the United Kingdom, the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive

1920-782: A resolution calling on the European Commission to ensure that the ruling is respected across the EU. On 8 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation

2016-461: A significant generational difference are placed to the right. A 2016 survey by the Varkey Foundation found similarly high support of same-sex marriage (63%) among 18–21-year-olds in an online survey of 18 countries around the world. (The sampling error is approx. 4% for Nigeria and 3% for the other countries. Because of legal constraints, the question on same-sex marriage was not asked in

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2112-461: A similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006. In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but

2208-569: A total population of 1.5 billion people (20% of the world's population). The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand , are set to begin performing same-sex marriages in January 2025. Same-sex marriage is legally recognized in a large majority of the world's developed countries ; notable exceptions are Italy , Japan , South Korea and

2304-608: A transgender woman who served as a councilwoman in Bella Vista . On July 27, 2012, a Buenos Aires couple, Alejandro Grinblat and Carlos Dermgerd, became the first men in Latin America to obtain double paternity of a newborn. Their baby, Tobías, is the natural son of one of the two men and was born to a surrogate mother. He became the first person in Argentina with a birth certificate listing two fathers. On February 14, 2007, activists María Rachid and Claudia Castrosín Verdú filed

2400-418: A variety of other issues. Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to

2496-422: A wider discussion on same-sex marriage in the country. President Fernández de Kirchner's position on same-sex marriage was unknown at the time. Justice Minister Fernández said he was presently "working toward" presenting a draft law to Congress, and that his ministry must first "evaluate all the different aspects of the issue". The draft bill was never presented. At this time, LGBT groups gradually won over members of

2592-422: Is allowed by existing marriage law, and by direct popular vote, such as through referendums and initiatives . The most prominent supporters of same-sex marriage are the world's major medical and scientific communities , along with human rights and civil rights organizations, while its most prominent opponents are religious fundamentalist groups. Polls consistently show continually rising support for

2688-401: Is also significantly stronger among younger generations, with a clear trend of continually increasing support. Pew Research polling results from 32 countries found 21 with statistically higher support for same-sex marriage among those under 35 than among those over 35 in 2022–2023. Countries with the greatest absolute difference are placed to the left in the following chart. Countries without

2784-457: Is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by scientific studies , which show that homosexuality is a natural and normal variation in human sexuality, that sexual orientation is not a choice, and that children of same-sex couples fare just as well as

2880-479: Is brought in. They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as civil unions ) instead of same-sex marriage. Civil union, civil partnership , domestic partnership , registered partnership , unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of 29 November 2024, countries that have an alternative form of legal recognition other than marriage on

2976-492: Is legally performed and recognized in 36 countries: Andorra , Argentina , Australia , Austria , Belgium , Brazil , Canada , Chile , Colombia , Costa Rica , Cuba , Denmark , Ecuador , Estonia , Finland , France , Germany , Greece , Iceland , Ireland , Luxembourg , Malta , Mexico , the Netherlands , New Zealand , Norway , Portugal , Slovenia , South Africa , Spain , Sweden , Switzerland , Taiwan ,

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3072-601: Is not a simple political fight; it is a destructive proposal to God's plan. This is not a mere legislative proposal (that's just its form), but a move by the father of lies that seeks to confuse and deceive the children of God… Let's look to St. Joseph, Mary, and the Child to ask fervently that they defend the Argentine family in this moment... May they support, defend, and accompany us in this war of God. After L'Osservatore Romano reported this, several priests expressed their support for

3168-558: Is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family. Among the Igbo people and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage. The American Anthropological Association stated on 26 February 2004: The results of more than

3264-785: The Catholic Church , and the Southern Baptist Convention , use the term traditional marriage to mean opposite-sex marriage. A reference to marriage between same-sex couples appears in the Sifra , which was written in the 3rd century CE. The Book of Leviticus prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry

3360-399: The Czech Republic . Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia , restrict advocacy for same-sex marriage. A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of

3456-456: The European Court of Justice ruled, in a case from Romania , that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage. However, the ruling was not implemented in Romania and on 14 September 2021 the European Parliament passed

3552-598: The Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching , including the blessing of same-sex couples. Bishop of San Isidro Óscar Vicente Ojea Quintana issued a statement on 30 December that "a brutal experience of abandonment by the Church that has done so much harm to us and that has alienated so many brothers and sisters. Living in an irregular situation or carrying out

3648-615: The Netherlands , Portugal , South Africa , Spain , the United Kingdom and Uruguay . They are also available in parts of the United States ( Arizona , California , Colorado , Hawaii , Illinois , New Jersey , Nevada and Oregon ) and Canada. Female same-sex marriage is practiced among the Gikuyu , Nandi , Kamba , Kipsigis , and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this

3744-644: The Popular Socialist Party ( Partido Socialista Popular , PSP). The PSP and PSD were rejoined in 2002, forming the Socialist Party. Among the socialist leaders of Argentina, the most remarkable are Alfredo Palacios , who was the first socialist parliamentarian in the Americas (1904) and a Senator in the 1960s; Juan B. Justo , doctor, philosopher, writer and leader of the party until his death in 1928; Alicia Moreau de Justo (1895–1986), Justo's wife, who

3840-539: The United Kingdom , the United States , and Uruguay . Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel . Same-sex marriage will begin to be performed by Liechtenstein and Thailand in January 2025, and is under consideration by the legislature or the courts in El Salvador , Italy , Japan , Nepal , and Venezuela . Civil unions are being considered in

3936-584: The United States , the AIDS epidemic led to increased attention on the legal aspects of same-sex relationships. Andrew Sullivan made the first case for same sex marriage in a major American journal in 1989, published in The New Republic . In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships , which gave those in same-sex relationships "most rights of married heterosexuals, but not

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4032-608: The University of Virginia , Michigan State University , Florida State University , the University of Amsterdam , the New York State Psychiatric Institute , Stanford University , the University of California-San Francisco , the University of California-Los Angeles , Tufts University , Boston Medical Center , the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support

4128-587: The Varkey Foundation found that 73% of 18–21-year-olds supported same-sex marriage in Argentina. The 2017 AmericasBarometer showed that 65% of Argentines supported same-sex marriage. This level of support was the second highest among the 11 South American countries polled, behind neighboring Uruguay at 75%. A May 2021 Ipsos poll showed that 73% of Argentines supported same-sex marriage, 9% supported civil unions but not marriage, while 10% were opposed to all legal recognition for same-sex couples, and 8% were undecided. In addition, 20% of Argentines had already attended

4224-525: The marriage license to the court. Following the first legal same-sex marriage in December 2009, seven other same-sex couples were joined in legal matrimony in Argentina before the national law legalizing same-sex marriage took effect at the end of July 2010. At that time, the Supreme Court was considering several cases concerning the right of same-sex couples to marry. On July 2, 2010, some media reported that

4320-475: The province of Río Negro (2003), the city of Villa Carlos Paz (2007), and the city of Río Cuarto (2009). Civil unions provide some of the rights granted to married couples and can only be entered into by couples who have lived together for a given time, usually one or two years. Civil unions were legalized nationwide on 1 August 2015 when the Civil and Commercial Code ( Código Civil y Commercial ), which replaced

4416-487: The social construct across cultures around the world. Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 African peoples , such as the Kikuyu and Nuer . With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of

4512-566: The Autonomous City of Buenos Aires and the province of Buenos Aires, respectively. As Argentine law does not require couples who wish to wed to be Argentine nationals or residents of Argentina, many couples from abroad have come to Argentina to marry, including many couples from Chile and Paraguay . This has made Argentina, and especially Buenos Aires, a very popular marriage destination for same-sex couples. By July 2018, 18,000 same-sex couples had married in Argentina. The following table shows

4608-586: The Chamber of Deputies to their cause, aided by the decentralized nature of congressional parties which allowed advocacy groups to post incremental gains. In late 2009, the Argentine Congress considered two proposals, sponsored by Silvia Augsburger ( Socialist Party ) and Vilma Ibarra ( New Encounter ), to amend the Civil Code to permit same-sex marriages. Ibarra and Augsburger later agreed to unify their separate initiatives into one draft law. On October 27, 2009,

4704-485: The Chamber of Deputies' General Law Committee and the Committee on Family, Women, Children and Youth recommended the legalization of same-sex marriage. On May 5, 2010, the Chamber of Deputies passed the same-sex marriage bill by a vote of 126 to 110. On July 6, the Senate's General Law Committee recommended rejection of the bill. The bill was originally scheduled to be voted on July 14. After a marathon session that extended into

4800-542: The Czech Republic and San Marino. The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are transgender , depending on how sex is defined within a jurisdiction. Transgender and intersex individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. In any legal jurisdiction where marriages are defined without distinction of

4896-575: The European Convention on Human Rights states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right", not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships, as it used

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4992-609: The Iglesia Nuestra Señora del Valle in the town of San Roque near Maipú by an Anglican priest, the first church wedding for a same-sex couple in Argentina. A few months earlier, a lesbian couple, Victoria Escobar and Romina Charur, were married at a Reform Jewish synagogue in Buenos Aires, marking the first Jewish same-sex wedding in Latin America. The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023,

5088-527: The PS entered in coalition with other centre-left and left-wing parties to form the Progresistas ( Progressives ) front, which endorsed Margarita Stolbizer for the presidency. Stolbizer landed 5th in the election with just over 2.5% of the vote, failing to pass the threshold for the run-off. During the same elections, Socialist Miguel Lifschitz was elected Governor of Santa Fe , succeeding Antonio Bonfatti (also of

5184-484: The PS). In April 2016, Bonfatti was chosen to succeed Binner as national president of the party. Following the 2017 legislative election , the party was left with a single national deputy, Luis Contigiani, and no representatives in the Senate . In 2018, Contigiani left the Socialist Party's bloc in the Chamber of Deputies after being criticized by his party for refusing to vote in favor of a bill that would legalize abortion in

5280-512: The Supreme Court had a prepared ruling in favor of Rachid and Castrosín's case filed in February 2007, but eventually decided not to release their ruling following the legalisation of same-sex marriage. In July 2010, while the law was under consideration, Cardinal Jorge Bergoglio, the Archbishop of Buenos Aires (later Pope Francis ), wrote a letter to Argentina's cloistered nuns in which he said: In

5376-655: The United States have correlated legalization of same-sex marriage to lower rates of HIV infection, psychiatric disorders, and suicide rate in the LGBT population . While few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that same-sex marriage, while doing good for

5472-663: The bill into law on July 21, and it went into effect the following day. Polling indicates that a majority of Argentines support the legal recognition of same-sex marriage. Argentina was the first country in South America and Latin America , the second in the Americas , the second in the Hispanic world, the second in the Southern Hemisphere and the tenth in the world to legalize same-sex marriage. Civil unions providing some of

5568-463: The children of opposite-sex couples. Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), Canadians for Equal Marriage , and Marriage for All Japan - used the terms marriage equality and equal marriage to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage. The Associated Press recommends

5664-449: The children of same-sex parents or carers. Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents. According to scientific literature reviews, there is no evidence to the contrary. Compared to heterosexual couples, same-sex couples have

5760-462: The coming weeks, the Argentine people will face a situation whose outcome can seriously harm the family…At stake is the identity and survival of the family: father, mother and children. At stake are the lives of many children who will be discriminated against in advance, and deprived of their human development given by a father and a mother and willed by God. At stake is the total rejection of God's law engraved in our hearts. [...] Let's not be naive: This

5856-687: The cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships. All states that allow same-sex marriage also allow the joint adoption of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely

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5952-582: The couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father. Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and

6048-696: The data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Studies in

6144-618: The early hours of the next day, on July 15 the Senate passed the same-sex marriage bill by a vote of 33 to 27. The bill was signed into law by President Cristina Fernández de Kirchner on July 21, officially becoming the Marriage Equality Law ( Spanish : Ley Matrimonio Igualitario , pronounced [lej matɾiˈmonjo iɣwaliˈtaɾjo] ). It was published in the Boletín Oficial de la República Argentina on July 22 and took effect that same day. The law grants same-sex couples all

6240-430: The emperor Nero celebrated two public weddings with males, once taking the role of the bride (with a freedman Pythagoras ), and once the groom (with Sporus ); there may have been a third in which he was the bride. In the early 3rd century AD, the emperor Elagabalus is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of

6336-464: The emperor. Roman law did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially. As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear. Michael McConnell and Jack Baker are

6432-437: The findings of this study. The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors. The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On

6528-725: The first mass party in the country. The party affiliated itself with the Second International . Between 1924 and 1940 it was a member of the Labour and Socialist International . Through its life, the party suffered from various splits: the International Socialist Party (which became the Communist Party of Argentina ) and the Independent Socialist Party were the most notable. The most important of those

6624-453: The first same sex couple in modern recorded history known to obtain a marriage license , have their marriage solemnized, which occurred on September 3, 1971, in Minnesota , and have it legally recognized by any form of government. Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in

6720-690: The first same sex couple in modern recorded history known to obtain a marriage license , have their marriage solemnized, which occurred on September 3, 1971, in Minnesota , and have it legally recognized by any form of government. The first law providing for marriage equality between same-sex and opposite-sex couples was passed in the continental Netherlands in 2000 and took effect on 1 April 2001. The application of marriage law equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples

6816-575: The former Civil Code of Argentina , came into effect. The Code was approved by Parliament in October 2014 and promulgated by President Fernández de Kirchner on October 7, 2014. Couples in civil unions have access to hospital visitation rights, and inheritance and pension rights, among other rights and benefits. On August 19, 2008, the Government of Argentina announced that it was allowing cohabiting same-sex couples who have lived together for over five years

6912-518: The health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities. As of 2006 ,

7008-581: The law and one was defrocked. Observers believe that the church's strident opposition and Bergoglio's language, which one political opponent characterized as "medieval, reactionary", worked in favor of the law's passage and that Roman Catholic officials learned from their failed campaign against the same-sex marriage law to adopt a different tone in later debates on social issues such as parental surrogacy . As of 2005, more than three-fourths of Argentines identified themselves as Roman Catholics , but less than two-fifths of them attended religious service at least once

7104-566: The marriage was blocked on November 30 by another court, pending review by the Supreme Court . In December 2009, the Governor of Tierra del Fuego , Fabiana Ríos , ordered the civil registry office to perform and register their marriage. On December 28, the two men were legally wed in Ushuaia , the provincial capital city, making them the first same-sex couple to marry in Latin America. On April 14, 2010,

7200-439: The marriage was declared null and void, but it technically remained legal because the decision was not communicated to the parties. The married couple said that they would appeal the court's decision if notified. The couple announced their divorce in 2015. Journalist Bruno Bimbi revealed that, although the men were both gay, they were not a couple and only acted as such as part of a plan to champion LGBT rights. On March 10, 2010,

7296-508: The number of civil unions and marriages performed in the city of Buenos Aires. Figures for 2020 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic . Some small Christian denominations authorise the blessing of same-sex unions . The Waldensian Evangelical Church of the River Plate became the first denomination in Argentina to do so in 2006. In 2006,

7392-412: The recognition of same-sex marriage in all developed democracies and in many developing countries. Scientific studies show that the financial, psychological, and physical well-being of gay people are enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. At

7488-448: The right to adopt or obtain joint custody of a child". In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples. Since then, same-sex marriage has been established by law in 34 other countries, including most of the Americas and Western Europe . Yet its spread has been uneven — South Africa is the only country in Africa to take

7584-508: The right to collect the pensions of their deceased partners. This was the first time that unregistered cohabitation or rights for same-sex partners were recognized nationwide. Consequently, four Argentine labor unions extended National Security System medical benefits to employees' same-sex partners (the system operates jointly with unions in the health care area); the benefits are available to members of teacher, commerce employee, executive, and air-transport personnel unions. In December 2005,

7680-483: The rights and benefits of marriage have been available nationwide since 2015. Before this, some jurisdictions had enacted civil union laws, including the Autonomous City of Buenos Aires and the province of Río Negro . In the first decade of the 21st century, civil unions ( Spanish : unión civil or unión convivencial ) were legalized in four jurisdictions in Argentina: the Autonomous City of Buenos Aires (2002),

7776-516: The rights and responsibilities of marriage , including the right to adopt children . The first marriage was performed on July 30, 2010 between Miguel Ángel Calefato and José Luis Navarro in Frías , Santiago del Estero . The law also allows transgender people to marry their partners. The first such marriage occurred in San Miguel de Tucumán on August 3, 2010 between Juan Carlos Lizárraga and Rody Humano,

7872-447: The same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated Islamic law , which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself is criminalized . There are records of marriage between men dating back to the first century . Michael McConnell and Jack Baker are

7968-695: The same time, no harm is done to the institution of marriage among heterosexuals. Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights. Opposition

8064-519: The same-sex marriage bill was debated in the Chamber of Deputies' General Law Committee and the Committee on Family, Women, Children and Youth. Ibarra expressed her desire to have same-sex marriage in Argentina approved by the end of 2009. Debate on the bill continued on November 5 and on November 10, before being postponed and resuming in March 2010. A survey taken at the time found that 70% of Argentines supported legalizing same-sex marriage. On April 15, 2010,

8160-580: The step; Taiwan and Thailand are the only ones in Asia . The summary table below lists in chronological order the sovereign states (the United Nations member states and Taiwan ) that have legalized same-sex marriage. As of 2024, 38 states have legalized in some capacity. Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority. Same-sex marriage

8256-400: The survey countries of Russia and Indonesia.) Socialist Party (Argentina) The party has been an opponent of Kirchnerism and Mauricio Macri . The history of socialism in Argentina began in the 1890s, when a group of people, notably Juan B. Justo , expressed the need for a greater social focus. The PS itself was founded in 1896, led by Justo and Nicolás Repetto , thus becoming

8352-480: The term "men and women" instead of "everyone". Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. Andersen v Poland . In 2021, the court ruled in Fedotova and Others v. Russia —followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage. On 5 June 2018,

8448-417: The use of same-sex marriage over gay marriage . In deciding whether to use the term gay marriage , it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term gay marriage is sometimes considered erasure of such people. Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of

8544-491: The wedding of a same-sex couple. A 2023 Ipsos poll showed that 70% of Argentines supported same-sex marriage, while 8% supported civil unions or other types of partnerships but not marriage, 14% were undecided and 8% were opposed to all recognition for same-sex couples. A Pew Research Center poll conducted between February and May 2023 showed that 67% of Argentines supported same-sex marriage, 26% were opposed and 7% did not know or had refused to answer. When divided by age, support

8640-422: The word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions. The Oxford English Dictionary has recognized same-sex marriage since 2000. Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as the Church of Jesus Christ of Latter-day Saints ,

8736-578: The world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world. Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and

8832-697: Was for years the editor of the Socialist newspaper La Vanguardia ; Guillermo Estévez Boero , founder of the Popular Socialist Party; and Alfredo Bravo , a teacher, unionist , human rights militant and respected legislator in the last two decades of the 20th century (died 2003). The Socialist Party of Argentina maintains an electoral stronghold in the province of Santa Fe , and particularly in Rosario , where mayors have been socialists since 1989. Former two-term mayor Hermes Binner slowly became acknowledged as

8928-426: Was highest among 18–34-year-olds at 75% and lowest among those aged 35 and above at 62%. Women (73%) were also more likely to support same-sex marriage than men (60%). Same-sex marriage Recognized Same-sex marriage , also known as gay marriage , is the marriage of two people of the same legal sex . As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with

9024-541: Was in the 1960s, when the party divided itself in half, giving birth to the more radical Argentine Socialist Party ( Partido Socialista Argentino , PSA), and the more moderate Democratic Socialist Party ( Partido Socialista Democrático , PSD). In 1966, two factions departed the PSA: Vanguardia Comunista and Partido Socialista de Vanguardia . In 1972, the remaining of the PSA together with other leftist groups formed

9120-402: Was phased out in 2013. In the United States, transgender and intersex marriages was subject to legal complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, as some of them prohibit legal changes of gender. In the United States before the case of Obergefell v. Hodges , couples in same-sex marriages could only obtain

9216-414: Was the Socialist candidate and achieved 2nd place with 16.8% of votes. Despite this number being well below the 54.1% achieved by Peronist leader Cristina Fernández de Kirchner , the Socialist Party considered the results of the election as significant and a sign of renewed interest by a sector of the population. In May 2012, Binner became the Socialist Party's president. For the 2015 general election ,

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