Brazil is the home of what is believed to be the largest gay pride parade in the world
Parabéns aos nossos irmãos e irmãs no Brasil Congratulations to our brothers and sisters in Brazil
NPR reports this AP story:
Brazil Top Court Recognized Same-Sex Civil Unions
Brazil's high court ruled that same-sex civil unions must be recognized, a decision welcomed as a watershed by gay activists who also hope it will cool rising violence against homosexuals in Latin America's most populous nation.
The ruling, however, stopped short of legalizing gay marriage in Brazil, which has more Roman Catholics than any other country. The Catholic Church fought the measure.
In a vote late Thursday, all but one of the 11 Supreme Court justices backed civil union rights for same-sex couple. One justice abstained.
The court ruled that gay couples deserve the same legal rights as heterosexual pairs when it comes to alimony, retirement benefits of a partner who dies and inheritances, among other issues.
In Latin America, gay marriage is legal only in Argentina and Mexico City.
Currently in Latin America there are places where civil unions are legal, and a lesser number of places where marriage is recognized.
In July 2010, Argentina became the Latin American first country to give a green light to same-sex marriage nationwide. It followed similar measures around the world in the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, Portugal and Iceland.
In Latin America, same-sex marriage is allowed only in Mexico City and not the rest of the country.
Civil unions for same-sex couples -- seen as legally significant if a step short of same-sex marriage -- are allowed in Uruguay, Colombia and Buenos Aires, as well as the northern Mexican state of Coahuila, and the Brazilian state of Rio Grande do Sul.
AFP reports:
President Dilma Rousseff's Attorney General Roberto Gurgel had backed the plan granting gays and lesbians the right to form civil unions, and on guaranteeing them the same legal rights as other couples.
"Lacking a law approved in Congress regulating gay civil unions and homosexual marriage, the recognition by the Supremes is the best thing that could happen," said Maria Berenice Dias, a judge specializing in gay rights. Dias said that the rights of a "stable union" are virtually the same as those of a marriage, because they recognize the couple as a family unit. "It means that no judge can deny rights" such as retirement benefits, inheritance, health benefits and the adoption of children, Dias said.
Many gay couples had already obtained recognition of their rights in individual legal cases, but now the rules will be clear and universal, Dias added. "Discrimination generates hatred," said Justice Carlos Ayres Britto, who wrote the ruling. "We expect that this decision will be an important step for other actions, and that the Senate follows the example of Argentina, which has already approved same-sex civil marriages," the head of the Gay Group of Bahia, Marcelo Cerqueira, told AFP.
For years Brazil has held what is considered the largest gay pride parade in the world, held in Sao Paulo, but "we are also number one when it comes to assassination, discrimination and violence against homosexuals," Cerqueira said.
Whether LBGTQ or straight - marriage, or undoing one has been a major issue in Brazil. Historically many Brazilians have lived in unions not recognized by law - simply because of the impossibility in most cases for getting divorced.
Only recently did divorce become possible.
Presumably due to the influence of the Roman Catholic Church, divorce only became legal in Brazil in 1977. Since January 2007, Brazilian couples can request a divorce at a notary's office when there is a consensus and have no underage or special-needs children. The divorcees need only to present their national IDs, marriage certificate and pay a fee to initiate the process, which is completed in two or three weeks.
Previously, a one year period of separation was required by law before a divorce could take place. However, after the 66th Amendment to the country's Constitution in 2010, such separation is no longer necessary. Therefore, currently, as long as there is consensus between the divorcees and there are no underage children or incapable persons involved, a divorce may be performed by a notary.
Brazil has a strong and active LBGT movement fighting not only for civil liberties but anti-gay crime, and the war against HIV/AIDS.
Here is a link to the history, and recent advances of LBGT rights:
The Brazilian Programa Nacional de Direitos Humanos (National Program of Human Rights) (PNDH-3) enacted in 2009 is a legally binding national presidential decree of President Lula, that supports recognition of same-sex unions in Brazil, same-sex adoption in Brazil, and the criminalization of homophobia. The protests of the Brazilian church and the other groups were not considered, because of insistence on prevailing of the constitutional principle of human dignity
I am heading back to Brazil in August, and look forward to having some first hand reports when I return.