Chile: a bill to legalize marriage for all

Audio 02:32

Chilean President Sebastián Piñera presents his annual report to the National Congress in Valparaíso, Chile, June 1, 2021. © - Presidencia de Chile / AF

By: Justine Fontaine Follow

6 mins

Marriage between same-sex couples is permitted in almost half of the countries in South America.

Long renowned as one of the most conservative countries on the continent, Chile may well be added to this list very soon: to everyone's surprise, right-wing President Sebastián Piñera has asked Parliament to urgently examine a project of law to legalize marriage for all.

A text that had been pending for four years. 

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Debates resumed on Tuesday in the Senate, despite the hostility of the most conservative parliamentarians, who prefer to stick to the "civil union agreement" in force since 2015. For its part, the LGBT + community is hopeful to see the measure adopted quickly. 

In South America, Argentina was the first country to legalize marriage for all, in 2010. At the same time, in Chile, the Homosexual Integration and Liberation Movement (Movilh), began a long legal battle for imitate its Argentine neighbor.

Three Chilean same-sex couples who had married abroad tried to have their marriage recognized by civil status in Chile, which they were denied,”

says Oscar Rementería, spokesperson for Movilh

.

Therefore, we filed a complaint in this case, first at the national level, then to the Inter-American Commission on Human Rights

Result: the center-left government of the time finally agreed to present a bill to this effect four years ago. But the examination of the text has hardly advanced. “

There is a shared responsibility between the ruling coalition and the opposition. This explains why the text remained blocked, 

”regrets Oscar Rementería.

Since 2018, right-wing President Sebastian Piñera has been ruling the country. He spoke out against same-sex marriage during his election campaign. Then the announcement of the resumption of the examination of the bill in urgency surprised. For Erika Montecinos, coordinator and founder of the lesbian association “Rompiendo el silencio” (“Breaking the silence”), this is an opportunity for the LGBT + community to seize. Although she thinks that the president, very unpopular today, is using this announcement to try to improve his image:

This government has so far been an obstacle to legislation affecting the LGBT + community.

Our main concern is the recognition of children of same-sex couples, including outside marriage.

And we think it will be difficult, it may take time,

 ”she said.

According to several associations, a majority of parliamentarians would however be ready to approve marriage for all, as well as the adoption and recognition of children of same-sex couples.

Something to give hope to Joanna Mendoza, 32 years old.

She is a lesbian and if the law passes, she intends to make use of it:

Yes, I will get married.

We must have the same rights as others, and all the more so when we want to have children.

But today in the case of a couple of women, only the biological mother is recognized.

Therefore, if we had a child with my spouse, and something happened to me, it would be very difficult for her to obtain custody of our daughter or our son.

But if the law passes, it will give us some security.

The text could be adopted as early as this year.

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