Mexico City blazes trail with legalisation of same-sex marriage
Move marks region-wide shift towards greater tolerance for homosexuality

Rory Carroll, Latin America correspondent guardian.co.uk

Gay rights activists across the world consider same-sex marriage one of their toughest goals. Only seven countries permit it: Belgium, Canada, Norway, the Netherlands, Spain, South Africa and Sweden. A handful of US states also allow it.

But on Monday night, and despite opposition from conservatives and the Roman Catholic church, Mexico City was in the vanguard of a Latin America-wide tilt towards greater tolerance for homosexuality. The Mexican capital became the first in Latin America to allow same-sex marriage with a groundbreaking law which could set a precedent for gay rights across the region.

The city's assembly passed the legislation, which will also give gay couples the right to adopt children, in a dramatic vote that triggered celebrations and chants of "yes we can" from activists gathered in the chamber.

Argentina, Colombia and Uruguay have made recent moves towards liberalisation and debate is stirring in other countries, emboldening gays to emerge from the closet and challenge traditional macho stereotypes. The trend contrasts with recent votes against same-sex marriage in the United States, notably California, Maine and New York, which have dismayed activists.

Mexico's leftist Democratic Revolution party (PRD) pushed the bill through the capital's assembly 39-20, changing the city's civil code definition of marriage from the union of a man and a woman to the "free uniting of two people".

The change will permit same-sex couples to adopt children, apply for joint bank loans, inherit wealth and share insurance policies. It is a significant expansion of rights granted under a 2006 law allowing same-sex civil unions.

The mayor, Marcelo Ebrard, a crusading leftist from the PRD, was expected to sign the measure into law, paving the way for the region's first married gay couple. Activists inside the chamber cheered and waved rainbow banners, scenes repeated outside as news spread. "We are so happy," Temistocles Villanueva, a 23-year-old film student, told Associated Press, as he embraced and kissed his boyfriend.

Victor Romo, a member of the mayor's party, called it a historic day. "For centuries unjust laws banned marriage between blacks and whites or Indians and Europeans. Today all barriers have disappeared."

Conservatives condemned the change as an affront to those who lived outside the capital's liberal bubble. Cardinal Norberto Rivera Carrera said the law was immoral and that "innocent children" could be adopted by gay couples. President Felipe Calderón's National Action party said it would try to block the law.

"They have given Mexicans the most bitter Christmas," Armando Martínez, the president of the College of Catholic Attorneys, told reporters. "They are permitting adoption [by gay couples] and in one stroke of the pen have erased the term 'mother' and 'father'. "

Latin American governments have historically persecuted gay men and lesbians. Fidel Castro's Cuba as well as rightwing dictatorships were openly homophobic and punished gays as deviants from a macho ideal.

Discrimination remains widespread, and the minority is still vulnerable. Walter Orlando Trochez, 27, a prominent gay and anti-coup activist in Honduras, was shot dead last week. Transgender sex workers across the region often complain of violent attacks by police and vigilantes.

But in the last two decades attitudes have softened. The proportion who said they would not like to have homosexuals as neighbours plunged from 59% in 1995 to 29% this year, according to a Latinobarómetro poll taken in 18 countries across the region.

"Tolerance towards homosexuals has been the value dimension that has changed the most in the 15 years that we have been measuring," said Marta Lagos, the Chile-based pollster's founding director. "The vast majority – 70% – of the Latin American population tolerates homosexuals. Fifteen years ago it was the complete opposite."

Lagos attributed the change to societies becoming more developed and people becoming more expressive. That did not mean progressive values were prevailing across the board: 36% said women should stay at home rather than work, the same proportion as in 1997. Opposition to abortion also remained high. "It doesn't mean Latin American societies are becoming more similar to European societies," said the pollster.

Tolerance is most visible in capitals, with the likes of Buenos Aires, Bogotá and Mexico City boasting gay-friendly districts where same-sex couples have no fear of showing affection in public. Argentina's capital has opened Axel, Latin America's first luxury hotel aimed at gays. In a neat twist, it has declared itself "heterosexual friendly".

Buenos Aires legalised same-sex civil unions in 2002 but conflicting judicial rulings recently stymied same-sex marriages. Several other Argentine cities, as well as Mexican and Brazilian states, also permit same-sex unions. Uruguay has become the first Latin American country to recognise such unions and permit adoption by gay couples. Colombia has granted social security rights to gay couples; its neighbour Venezuela is considering same-sex civil unions.

"Before, if you said you were gay, you were dead," said Alberto Rodriguez, a beautician from Venezuela. "But now we're more accepted. We hold events, parades and fashion shows."

Gay rights in Latin America

Argentina Buenos Aires legalised same-sex civil unions in 2002 and was on the verge of permitting the continent's first gay marriage last month when a court forced it to be suspended. The couple about to tie the knot have vowed to fight on for the right to be "husband and husband".

Brazil Famed as the continent's most tolerant but now lags behind neighbours on gay rights. A handful of states permit same-sex unions, and there are thriving gay scenes in cities such as Rio de Janeiro and São Paulo, but little sign of moves towards gay marriage.

Colombia In 2007 gay couples won the same social security rights as straight couples, the first nationwide law of its kind in Latin America. Allows homosexuals to include partners in health insurance plans.

Mexico Mexico City this week passed a law permitting same-sex marriage. Builds on a 2006 law permitting same-sex civil unions.

Uruguay In 2007 it became Latin America's first country to legalise same-sex civil unions, granting gay couples rights over inheritance, pensions and child custody. This year it scrapped military rules barring gays from the armed forces.

Church: Pro-Gay Marriage Mexican Politicians 'Dangerous'
BY ON TOP MAGAZINE STAFF PUBLISHED: DECEMBER 27, 2009

The Catholic Church has lashed out at Mexico City lawmakers who approved a gay marriage bill widely expected to become law.

City legislators led by the leftist Democratic Revolution Party (Partido de la Revolution Democratica, PRD) overwhelmingly approved the bill on a 39 to 20 vote that included five abstentions. Mexico City Mayor Marcelo Ebrard is expected to sign the bill into law. The bill only effects Mexico's capital, one of the world's largest cities with nearly 9 million residents.

After the December 21 vote, members of the conservative National Action Party (Partido Accion Nacional, PAN) decried the action, saying giving gay couples the right to adopt was going too far and vowed to appeal to the country's Supreme Court.

Through a spokesman, Cardinal Norberto Rivera Carrera, the archbishop of Mexico, called the PRD politicians who approved the bill “dangerous.”
“In society there is no doubt: the PRD is a danger to the family,” Father Hugo Valdemar said in an interview posted on the archbishop's website.

Invoking the name of the Holy Father, he also called on voters to oust PRD members who “undermine our faith.”

“The Pope has said repeatedly: In conscience, a Catholic cannot vote for candidates or parties that promote the destruction of fundamental values and undermine our faith.”

And he called giving gay couples the right to adopt a “grave injustice.”

“Who is worried about the rights of children to have a father and a mother? Who's worried about the discrimination suffered by not having a heterosexual couple as parents?” he asked.

Two gay weddings on two continents, but only one happy ending
Argentinians celebrate first same-sex marriage, while couple in Malawi are arrested and charged

David Smith in Johannesburg and Rory Carroll in Caracas guardian.co.uk, Tuesday 29 December 2009

Jose Maria Di Bello, left, and Alex Freyre kiss during their wedding in Argentina.

It was a tale of two weddings continents apart, but there was to be only one happy ending.

In Argentina, Jose Maria Di Bello and Alex Freyre made history as the first same-sex couple to marry in Latin America. Thousands of miles away, Tiwonge Chimbalanga and Steven Monjeza became the first gay men to tie the knot in Malawi.

The different reactions to the two ceremonies, however, suggested that while gay rights in Latin America are advancing, in Africa they are going into reverse.

Although Di Bello and Freyre had to rely on subterfuge, a progressive provincial governor and a 1,500-mile trip to the continent's southern tip, their union was greeted as a breakthrough. Chimbalanga and Monjeza, however, were swiftly arrested and charged with gross public indecency. Campaigners warned that the move indicated a conservative backlash against homosexuality across Africa.

The couple took part in a symbolic, traditional ceremony on Saturday. They were watched by hundreds of onlookers in the conservative southern African state, where homosexuality is illegal and carries a maximum prison sentence of 14 years.

"We met at church where we both pray and we have been together for the last five months," Monjeza told Malawi's Nation newspaper.

The two men are due to appear in court tomorrow. Dave Chingwalu, a police spokesman, told the Reuters news agency they were likely to face further charges and would be held in separate cells.

Marlow Valentine, community engagement and empowerment manager of the Triangle Project in South Africa, said: "We are disgusted and outraged that this couple has been arrested and we call for their release. It is an infringement of their human rights." He said a hardening of attitudes towards gay rights across Africa was being encouraged by US-based Christian evangelical groups.

Uganda's parliament is debating legislation that will allow homosexuality to be punishable by death. Sudan and northern states in Nigeria can already enforce the death penalty. Burundi criminalised homosexuality this year, joining 37 African countries where gay sex is outlawed.

"We are certainly going backwards in terms of legislation," Valentine said. "South Africa is the only country in Africa that constitutionally protects the rights of gay people, but it has been very quiet about other countries here becoming more conservative."

Daniel Molokele, a human rights lawyer based in South Africa, said: "It's very disappointing news and continues to take Africa backwards. Countries like Malawi and Uganda should be following the trend set by South Africa and adapting its constitution in a progressive way."

In Latin America policies and attitudes have mellowed over the past two decades and in most countries it is now illegal to discriminate on the basis of sexual orientation. Buenos Aires, Bogota and Mexico City boast gay pride parades and gay-friendly districts where same-sex couples can kiss and hold hands in public.

Yesterday Di Bello, 41, and Freyre, 39, became the continent's first gay married couple. The pair sidestepped a court ruling blocking their wedding in Buenos Aires by holding the ceremony in Ushuaia, capital of Tierra del Fuego province and the world's southernmost city.

They exchanged rings at a civil ceremony witnessed by state and federal officials, prompting jubilation by gay rights activists and consternation from the Catholic church.

"My knees didn't stop shaking," said Di Bello. "We are the first gay couple in Latin America to marry." The couple, both Aids activists who have HIV, wore sports coats and red ribbons.

Argentina's constitution does not specify whether marriage must be between a man and a woman, in effect letting provincial and city officials interpret the law.

After officials in Buenos Aires balked at the last minute, Di Bello registered as a resident of Tierra del Fuego, hoping the governor, Fabiana Rios, a champion of gay rights, would back the wedding. The registration and ceremony were kept secret to avert legal challenges.

The governor said the marriage was "an important advance in human rights and social inclusion and we are very happy that this has happened in our state".

Same-sex civil unions have been legalised in Uruguay and parts of Argentina, Brazil and Mexico but same-sex marriage, which confers extra rights including adoption, was banned. Mexico City legalised same-sex marriage last week.

Mexico City Mayor Won't Veto Gay Marriage Bill
BY ON TOP MAGAZINE STAFF PUBLISHED: DECEMBER 30, 2009

Gay marriage in Mexico City is closer to reality after its mayor said he would not veto a gay marriage bill, the Informador reported.

Opponents of the measure overwhelmingly approved by lawmakers on December 21 had urged Mayor Marcelo Ebrard of the progressive Democratic Revolution Party (Partido de la Revolution Democratica, PRD) to veto the bill.

But publication in Mexico City's official register Tuesday signaled Ebrard was not about to block the law. The law, which will also allow gay couples to adopt, will take effect in March.

“Mexico City will become a center, where [gay] people from all over the world will be able to come and have their wedding, and then spend their honeymoon here,” said Alejandro Rojas, the city tourism secretary.

While Mexico City will become the first city to allow gay couples to wed, it will not host the first gay marriage in Latin America. That title goes to Argentina, where two men wed earlier in the week after they received a special decree from a provincial governor.

Opponents of the measure have vowed to repeal the law. Members of the conservative PAN party say they'll appeal to Mexico's Supreme Court.
“We will continue a fierce and persistent battle, and if necessary we will do it before the Supreme Court to safeguard the institutions and values of society such as family and marriage, which is the union between a man and a woman,” PAN lawmakers said Tuesday in a statement.

Mexico's Roman Catholic archbishop, Cardinal Noberto Rivera Carrera, has called the bill “immoral” and “reprehensible.”

yahoo!

Mexico tourism secretary invites gays from all over the world to get married

Mexico City enacted Latin America’s first law recognizing gay marriage Tuesday and said it hopes to attract same-sex couples from around the world to wed. The law, approved by city legislators on Dec. 21, was published in Mexico City’s official register and will take effect in March. It will allow same-sex couples to adopt children and municipal officials say it will make Mexico’s capital a “vanguard city”-and attract extra tourism revenues.

“Mexico City will become a center, where (gay) people from all over the world will be able to come and have their wedding, and then spend their honeymoon here,” said Alejandro Rojas, the city tourism secretary.

The law, approved by city legislators on Dec. 21, was published in Mexico City’s official register Tuesday and will take effect in March. It will allow same-sex couples to adopt children and municipal officials say it will make Mexico’s capital a “vanguard city” - and attract extra tourism revenues.

“Mexico City will become a center, where (gay) people from all over the world will be able to come and have their wedding, and then spend their honeymoon here,” said Alejandro Rojas, the city tourism secretary.

“We are already in talks with some travel agencies that are planning to offer package tours that include flights, hotels, guides, and everything they need for the wedding, like banquets,” said Rojas. “We are going to become a city on a par with Venice or San Francisco” - the current leader in the gay travel market segment.

The annual economic impact of lesbian, gay, bisexual and transgender travelers is about $70 billion in the United States alone, according to Community Marketing Inc., a tourism research company that specializes in gay and lesbian consumers.

Gay marriages of foreigners in Mexico City would presumably only be recognized by countries and states that also have legalized same-sex marriage. An exception is New York State, which doesn’t allow same-sex marriages but which recognizes those which were performed legally in other jurisdictions.

An Argentine couple participated in Latin America’s first gay wedding on Monday, but interpretations vary on whether the law allows such unions in Argentina, and the question is now before its supreme court.

Argentina’s Constitution is silent on whether marriage must be between a man and a woman, effectively leaving the matter to provincial officials, who approved Monday’s wedding. But a law specifically legalizing gay marriage has been stalled in its Congress since October.

But even as Mexico City officials celebrated enactment of the law, others vowed to stop the marriages from taking place.

In a Sunday Mass, Roman Catholic Cardinal Norberto Rivera said “the essence of the family is being attacked by making homosexual unions equivalent to matrimony between a man and a woman.”

Armando Martinez, the president of a local Catholic lawyers’ group, said he was planning demonstrations against same-sex marriages, and will also support legal efforts to overturn the Mexico City law.

“We are going to carry out exhaustive campaigns at the offices of the justices of the peace in the city, using acts of peaceful civil resistance to prevent homosexual couples from being married,” Martinez said.

Mexico City’s law allows same-sex couples to adopt children, apply for bank loans together, inherit wealth and be included in the insurance policies of their spouse, rights they were denied under civil unions allowed in the city.

The conservative Nation Action Party of President Felipe Calderon has vowed to challenge the law in the courts. However, homosexuality is increasingly accepted in Mexico, with gay couples openly holding hands in parts of the capital and the annual gay pride parade drawing tens of thousands of participants.

Only seven countries in the world allow gay marriages: Canada, Spain, South Africa, Sweden, Norway, the Netherlands and Belgium. U.S. states that permit same-sex marriage are Iowa, Massachusetts, Vermont, Connecticut and New Hampshire.

Latin America also has become and increasingly tolerant place for gays.

Same-sex civil unions have been legalized in Uruguay, Buenos Aires, and some states in Mexico and Brazil, but marriage generally carries broader rights.

In Argentina, Latin America’s first gay newlyweds - Alex Freyre and Jose Maria Di Bello - were eager to relax and honeymoon.

“We want to rest now. It was a time during which we suffered a lot of humiliations,” Freyre told The Associated Press after returning to Buenos Aires from Ushuaia, the world’s southernmost city, where the couple were wed.

The men tried to get married in Argentina’s capital but city officials, who had earlier said the ceremony could proceed, refused to wed them on Dec. 1, citing conflicting judicial rulings.