After 14 hours of debate, same-sex marriage was approved in Argentina in the early hours of July 15, 2010, with 33 votes in favor, 27 votes against and three abstentions. Such a small wording change, with so much meaning for equal rights. The reform replaces the words "man and woman" in the current version of the legislation with "spouses", thus allowing same-sex couples to also marry.
Congratulations to dear ally Cristina Kirchner and her government, to the Chamber of Deputies, to the Senate, to LGBT activists, and to the entire Argentine people. This approval is a gesture of civility.
Argentina is now, without a doubt, becoming a country with more equality and inclusion. Everyone is victorious due to the historic decision. After all, this right has become universal.
You brothers and sisters should be proud of this achievement. You are the first country to recognize the equal human rights of LGBT people in our region, where there is still a lot of machismo and homophobia. And they are the tenth in the world to advance this guarantee. Now you are alongside South Africa, Belgium, Canada, Spain, Holland, Iceland, Norway, Portugal, Sweden and Switzerland. Be proud!
It was the biggest debate in Argentine society since the approval of the divorce law in 1987.
On the side of the arguments against - many of them irrational, illogical, retrograde, conservative and fundamentalist - they said that we are infertile, children of the devil, deviant, unnatural, perverted, abominable, a project of the devil, that we wanted to destroy the traditional family, and implement the philosophy of Sodom and Gomorrah; it would be the apocalypse, a "risk for the future of the country", we would put an end to the perpetuation of the species... As President Cristina Kirchner summed it up, "the church's speech recalls the times of the inquisition and the crusades".
Also, we will not gloat over the losers. After all, which of them still dare to say that the earth is square or that black people have no soul? They will also change slowly, perhaps in about 500 years.
Rational, logical and solid discourse, intellectual honesty and freedom of conscience won, proving that this law is another instrument in the fight against discrimination. He defeated the secular state and the secularity of the civil code.
An important fact is that despite being an initiative by two left-wing parliamentarians, Silvia Augsburger and Vilma Ibarra, parliamentarians of all ideological and partisan stripes voted and were in favor of the project.
For the sake of history, here are some of the arguments in favor presented by current and opposition parliamentarians:
In supporting the change, the leader of the radical opposition bloc, Gerardo Morales, stated that "the time has come to sanction norms that adapt to new models of family ties" and recalled the existence of "different family models (to those) we had 30 or 40 years ago." According to him, despite the controversies and disputes, "the cultural debate won" in the country, given the participation of society in the discussion.
Socialist senator Rubén Giustiniani, who voted in favor of the law, said that the profile of Argentine society had changed and that was why it was time to approve the text. According to him, official data indicate that 59% of Argentine families no longer meet the traditional profile of father, mother and children. But from single mothers, separated couples and homosexual couples.
"Today is a historic day. For the first time in Argentina we are legislating for minorities," said Senator Miguel Pichetto, leader of the government bloc, adding that "there will no longer be same-sex marriages here just because we approved this law. The objective of this standard is to eliminate discrimination".
Senator Victoria Blanca Osuna argued: "the issues at stake in this project are not religious or moral. We are asking ourselves the responsibility of democracy towards discriminated minorities."
In the words of Senator Eduardo Torres, "the only difference between gays and heterosexuals is that they have fewer rights in Argentine society. We cannot accept the discrimination that occurs in various parts of society."
Senator Luis Juez, from the opposition Civic Front, chose to support the government because, even as a Christian, he understands that "not even in the Bible is there a paragraph where Christ was against homosexuals". He recalled that the civil code is "a secular institution, in a secular country. The Argentine State began to recognize social change, and projected it legally."
Senator Maria Eugenia Estenssoro, from the opposition Coalición Cívica, argued that the project is "necessary" for same-sex couples. "This law will allow homosexuals to publicly come out about their relationships."
Certainly, the Brazilian LGBT community has “a certain rainbow envy”. Here we are being less bold, we are only asking for a stable union, and even so we are having the greatest difficulty with religious fundamentalists. Let's analyze and discuss this new situation.
We will not give up. Let's be inspired by Argentina. You have overcome a very important stage, now be happy and continue fighting to change the culture. Changing laws does not mean changing culture.
For those who were not slaves, liberation from slavery was a relevant historical fact. But for those who were slaves, it was the best thing that happened. In the same way for us LGBT people, the approval of Civil Marriage is the abolition of one of the many discriminations imposed on our community.
In Brazil, at least 78 civil rights expressly guaranteed to heterosexuals in Brazilian legislation are denied to homosexuals. For this, there is a possibility that civil union could arrive here too, based on a decision by the Federal Supreme Court, which must examine the Claim of Non-compliance with Fundamental Precept No. 132-RJ and the Direct Action of Unconstitutionality No. 4277, in which It is argued that denying the right to union to people of the same sex violates constitutional principles of equality. In this, we already have support from President Lula and the Attorney General's Office.
It is absurd that at this point in history our society is still discussing whether or not to universalize rights. But, despite the power of fundamentalist religious groups opposed to change, sooner or later, the law will be approved in Brazil too, guaranteeing dignity and combating discrimination.
As President Lula said at the opening of the 1st National LGBT Conference, "No one asks your sexual orientation when you are going to pay Income Tax, no one asks when you are going to pay any tax in this country. Why discriminate when you, freely, choose What do you want to do with your body?"
Dear ally President Cristina Kirchner summed it all up, we are happy and satisfied with the victory.
This victory changed the map of the region, as shown in the image that opens this article.
Equal loves, equal rights, no less, no more. May you live full citizenship, without discrimination of any kind. Long live Argentina, and may it continue to set an example for the world of how LGBT people should be treated.
* Toni Reis has lived with her husband for 20 years. He is a specialist in human sexuality, master in ethics and sexuality, doctoral student in education, president of the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites and Transsexuals and director of the Association
