Recognition of same-sex unions in Cuba

Legal status of same-sex unions
Marriage
Performed
Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

Cuba does not recognize same-sex marriage, civil unions, or any other form of same-sex unions. The Cuban Constitution prohibits same-sex marriage, though in July 2018 the National Assembly voted to legalize it, with a constitutional referendum to be held in February 2019.

Civil unions

Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Foreign same-sex marriages recognized
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but not enforced
  Same-sex sexual activity illegal only for males
  Same-sex sexual activity illegal for males and females

A civil union law was first proposed in 2007, though was never brought up for a vote. It was announced that new legislation was going to be presented in September 2009, with a bill offering all the rights of marriage in Cuba as "civil unions".[1] The bill was reportedly before the country's Parliament and promoted by Mariela Castro, director of the Cuban Sexual Education Center and daughter of Cuba's former President, Raúl Castro.[2][3][4] If the bill had been approved, it would have made Cuba the first Caribbean state to recognize same-sex unions. It would also have been the first communist country to pass any form of recognition of same-sex couples.

As of 2014, the legislation has stalled in Parliament. Mariela Castro has said that the legislation has the support of her father and that she was building a consensus in order to approve it.[5]

Same-sex marriage

Article 36 of the Constitution of Cuba defines marriage as "the voluntarily established union between a man and a woman".[6] Under Article 2 of the Family Code, marriage is restricted to the voluntary union of a man and a woman.[7]

In December 2017, LGBT groups launched a campaign to amend the Cuban Constitution to include same-sex marriage.[8] On 4 May 2018, Mariela Castro stated that she will propose an amendment to the Constitution and accompanying measure to legalize same-sex marriage, as the process of constitutional reform was expected to begin in July 2018.[9][10]

On 21 July, Secretary of the Council of State Homero Acosta said that the draft Constitution includes a provision defining marriage as a union between two people. Changes to statutory laws will be necessary to make same-sex marriage legal.[11][12] The National Assembly approved the draft on 22 July. It will be subject to popular consultations, held between 13 August and 15 November, and then will be submitted to a referendum on 24 February 2019 for final approval.[13][14][15][16][17]

The issue of same-sex marriage has resulted in rare public debates and organising in Cuba. In June 2018, five Christian denominations declared same-sex marriage "contrary to the spirit of Communist Revolution".[18] In what has been described as "a war of posters", both opponents and supporters of same-sex marriage have displayed hundreds of posters around Havana, the Cuban capital.[19]

In September 2018, following conservative opposition to the proposal to legalise same-sex marriage in Cuba, President Miguel Díaz-Canel announced his support for same-sex marriage in his first interview since taking office in April, telling TV Telesur that he supports "marriage between people without any restrictions", and is in favor of "eliminating any type of discrimination in society". He was the first Cuban President to publicly express support for same-sex marriage.[20][21]

See also

References

  1. Mohideen-Znet, Reihana (9 August 2009). "Socialist feminist revival". Venezuela Analysis. Retrieved 24 September 2018.
  2. "Mariela Castro: Cuba 'Ready' for Gay Unions". Havana Times. 11 December 2012. Retrieved 24 September 2018.
  3. "Raul Castro's daughter: Cuba eyes same-sex unions". Boston Globe. 17 January 2012. Retrieved 24 September 2018.
  4. Mariela Castro says Cuba to consider civil unions for gays
  5. Trotta, Daniel (10 May 2014). "Cubans celebrate gay rights, but marriage remains distant". Reuters. Retrieved 24 September 2018.
  6. Article 36, Constitution of the Republic of Cuba, 1992
  7. Alpízar Pérez, Evelio J.; Cobas Cobiella, María E.; Rodríguez Acosta, Mercedes (2001). "Legal and Ethical Aspects of HIV/AIDS in Cuba". MEDICC Review. First presented at the 4th International Conference on HIV/AIDS in Cuba, Central America and the Caribbean, Havana, Cuba, January 2000
  8. "Homosexuales cubanos luchan por insertar el matrimonio gay en la Constitución de la Isla". cibercuba.com (in Spanish). 13 December 2017. Retrieved 24 September 2018.
  9. "Raul Castro's lawmaker daughter wants to make same-sex marriage legal in Cuba". Edmonton Journal. 4 May 2018. Retrieved 24 September 2018.
  10. "Hija de Castro impulsa el matrimonio gay en Cuba". La Razon (in Spanish). 4 May 2018. Retrieved 24 September 2018.
  11. Marsh, Sarah (21 July 2018). "Cuba's draft constitution opens path to gay marriage". Reuters. Retrieved 24 September 2018.
  12. "Cuba's new constitution would allow same-sex marriages". Digital Journal. 21 July 2018. Retrieved 24 September 2018.
  13. "Cuba's National Assembly concludes debate on constitutional reforms". Agencia EFE. 22 July 2018. Retrieved 24 September 2018.
  14. "Cuban legislature adopts new constitution". Inquirer News. 23 July 2018. Retrieved 24 September 2018.
  15. Frank, Marc (23 July 2018). "Cuba economic growth weak, president says, as lawmakers approve new constitution". Reuters. Retrieved 24 September 2018.
  16. Augustin, Ed (23 July 2018). "Cuba's new constitution paves way for same-sex marriage". The Guardian. Retrieved 24 September 2018.
  17. "Referendo de nueva constitución será el 24 de febrero". Rebelión (in Spanish). 11 August 2018. Retrieved 24 September 2018.
  18. Lotto Persio, Sofia (24 July 2018). "Evangelical churches in Cuba display anti-gay marriage posters against reform". PinkNews. Retrieved 24 September 2018.
  19. "La "guerra de carteles" por el matrimonio igualitario en Cuba". cibercuba.com (in Spanish). 22 July 2018. Retrieved 24 September 2018.
  20. Anapol, Avery (17 September 2018). "New Cuban president says he supports same-sex marriage". The Hill.
  21. Mitchell, Charlotte (18 September 2018). "Cuban President Miguel Diaz-Canel backs same-sex marriage". Al Jazeera.


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