May 6, 2011
Civil unions legalised in Brazil
Brazil’s Supreme Court has ruled unanimously in favour of civil unions for same-sex couples. The decision will ensure that gay couples in a civil union have the same rights as a married heterosexual couple.
“Those who opt for a homosexual union cannot be treated less than equally as citizens,” declared Justice Camen Lucia. A gay couple in a civil union will now have the same health benefits, pensions, inheritance and adoption rights as a married couple.
The Brazilian constitution defines marriage as taking place between a man and a woman. However, Justice Ayres Britto argued that by outlawing discrimination on the grounds of gender, race and age, the constitution also implies that individuals should be not discriminated against on the grounds of sexual orientation.
“This is a historic moment for all Brazilians, not just homosexuals,” said Marcelo Cerqueira of Grupo Gay da Bahia. “This judgment will change everything for us in society—and for the better. Gays, lesbians and transsexuals will be recognized as being more human. We’ll be more accepted by having our rights honored.”
Cerqueira hopes that full marriage recognition will follow in time. “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.”
A number of religious groups opposed the move. “Power emanates from the people, and the Brazilian people are Christian,” lawyer Ralph Lichota told the court. “Just like the Brazilian people aren’t ready to legalize marijuana, like they’re aren’t prepared to have abortion, we’re not ready for homosexual marriage.”
Brazil is the most populous country in South America, with the world’s largest Roman Catholic population.
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