Latin America ahead of U.S. on the freedom to marry

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"As California and the United States struggle with the issue of the freedom to marry at the polls and in courtrooms, Latin America is moving more broadly toward acceptance of this basic human right. Last month, Argentina became the first nation in the region to legalize such marriages, granting wedded gay and lesbian couples the same legal rights, responsibilities and protections as heterosexuals. Following suit, senators from the opposition Socialist Party in Chile introduced a bill proposing to remove the "man and woman" clause from the marriage law there. And Mexico's Supreme Court, which had upheld a law enacted in March permitting marriages of same-sex couples in Mexico City, issued a 9-2 decision this week that such marriages performed in the capital — a federal district like Washington, D.C. — must be recognized by all 31 states in the republic.

"This is a wrenching issue for traditionally conservative and deeply religious countries, influenced by Roman Catholic and Protestant evangelical churches opposed to gay unions. Church leaders have taken strong public stands against the freedom to marry in Argentina and Mexico. But throughout Latin America, marriage is a civil institution performed by the state. The recognition that religion and civil law have different roles to perform in marriage is often painfully absent in the debate in this country; Latin American nations have hewed to that distinction and are better off for it. The Mexican Supreme Court is not liberal so much as committed to the primacy of civil law.

... "The legal battles are far from over in Mexico, however. Although the court said states must recognize the marriages performed in the capital, it did not require the states to reform their laws to allow marriages of same-sex couples. It also left the door open for states to legislate on divorce, pensions, inheritances and other issues involving same-sex couples. Some undoubtedly will enact restrictive laws that will end up back in the courts. But that is part of the long march of progress. In the meantime, Latin America has made great strides toward ending discrimination and granting equal rights to gays and lesbians."

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