The Vatican more liberal than the US bishops on same-sex marriage?

The Vatican’s top official on family life endorsed legal protections for same-sex couples in his first public press conference in the Vatican earlier this week. Reporting on the first Vaitican press conference by the head of the Pontifical Council for the Family, Archbishop Vincenzo Paglia, Religion News Service wrote:

Paglia conceded that there are several kinds of “cohabitation forms that do not constitute a family,” and that their number is growing. Paglia suggested that nations could find “private law solutions” to help individuals who live in non-matrimonial relations, “to prevent injustice and make their life easier.”

He also said he would “like the church to fight against” sodomy laws in the nations where they’re still in effect.

Paglia, of course, reiterated a firm opposition to recognizing same-sex marriages, saying, “The church must defend the truth, and the truth is that a marriage is only between a man and a woman.”

But if his statements truly reflect the church’s official position, then the Holy See now seems to be to the left of its bishops in many countries—including the United States.

Yesterday, the United States Conference of Catholic Bishops reportedly sent a missive to the White House threatening to help block an immigration reform package if it would smooth the immigration path for same-sex partners of American citizens.

The USCCB would not make the letter public, but the bishops’ spokesperson, Sister Mary Anne Walsh, told the Associated Press that inclusion of these provisions—which have been endorsed by the White House—could “jeopardizes passage of the bill.” This threat is shocking because immigration reform has been a major priority for the U.S. church, and one of the few big issues in which it has seen eye-to-eye with the Democratic Party.

The immigration reform package recently unveiled by President Barack Obama proposes treating “same-sex families as families by giving U.S. citizens and lawful permanent residents the ability to seek a visa on the basis of a permanent relationship with a same-sex partner.”

The Chilean Church has also staked out a position to the right of this new line from the Vatican in its fight against President Sebastián Piñera’s proposal to provide some protections to same-sex couples, called “Acuerdo de Vida en Pareja.” This translates more or less to a Life Partnership Agreement, and it would be a civil contract that mostly protects the property rights of same-sex couples.

During a hearing last month in the Chilean senate, Bishop Juan Ignacio González testified that even this level of protection would lead to “the destruction of human beings and …. destruction to social and family peace among men.”

Similarly, Catholic hierarchy helped kill a Costa Rican civil union law late last year, pronouncing that recognition of same-sex couples “distorts the perception of fundamental moral values and undermines the institution of marriage.”

Of course, it’s an open question whether Paglia actually is voicing church policy or whether the church intends to follow his words with actions. His call to decriminalize sodomy seems especially contradictory given that the pope gave a special blessing in December to the member of parliament from Uganda who is pushing the “Kill the Gays” bill.

We have seen some softening of the hard-line against protections for same-sex couples in countries where the church is losing the fight over same-sex marriage. In Uruguay, for example, where the Congress is expected to pass an “Equal Marriage Law” this spring, the country’s top bishop has endorsed civil unions, hoping to head off full marriage rights.

The Vatican may be similarly moderating its line as it sees how quickly it is losing the marriage debate on its home continent. It will be interesting to see how long bishops in other places where the same-sex marriage movement is gaining ground—including the United States—will hold onto their hardline position.

Another marriage suit on its way to the Inter-American Court of Human Rights

It’s looking increasingly likely that the Inter-American Court of Human Rights is going to have to decide whether same-sex couples’ right to marry is protected by international law.

Activists in Costa Rica have announced that they’ll start the process of suing their government after a civil union bill was blocked by conservative members of the country’s legislature. Their suit would join one filed earlier this year by three couples in Chile. And the Mexican lawyer who successfully sued on behalf of three couples from Oaxaca, Alex Alí Méndez Díaz, told me earlier this month that he’s also preparing to go to the Inter-American Court to broaden the ruling to allow same-sex couples to marry across Mexico.

Though the United States does not recognize the authority of the Inter-American Court (big surprise), most Latin American countries do. If the court were to rule that same-sex couples have the right to marry under the American Convention on Human Rights, it could lead to equal marriage rights across the region. Continue reading

Why Latin America is beating the U.S. to marriage equality

There’s been a lot of surprise in the American media following yesterday’s ruling from the Mexican Supreme Court striking down a ban on same-sex marriage—how is it that a Catholic country in Latin America is way ahead of the United States on gay marriage?

If we paid a little more attention to our hemisphere, we really wouldn’t be that surprised: there’s been an LGBT rights revolution in Latin America that has well surpassed us.

John Aravosis, for example, voices incredulity at this fact over at AMERICAblog:

I never cease to be amazed at how many countries, and which countries, around the world are ahead of the US on this basic civil and human right. I grew up being taught that America was the greatest and freest country on earth…. I’m still blown away that in traditionally Catholic countries, and Latin countries to boot, marriage equality is proceeding ahead of the US.

To review where things stand in Latin America:

  • The first country to legalize marriage through legislative action was Argentina, which passed an Equal Marriage law in 2010. Several municipalities have started performing weddings for foreign couples, making it an engine for advancing same-sex marriage across South America. I took an in-depth look at how this was possible here, here, and here. Continue reading

Mexican Supreme Court strikes down gay marriage ban

The Supreme Court of Mexico issued a unanimous ruling Wednesday afternoon that paves the way to universal marriage rights in the country.

The actual ruling won’t be published for a little while, but the gay rights advocates who brought the case are proclaiming that today’s ruling “opens the door to equal marriage in the whole country.”

The court ruled on behalf of three same-sex couple seeking to marry in the southern state of Oaxaca. The court had already ruled in 2010 that gay marriages performed under a Mexico City ordinance had to be recognized nationwide. With this precedent, the remaining bans on gay marriage in most Mexican states could quickly fall.

This ruling does not immediately eliminate marriage statutes limiting unions to a man and a woman—the Mexican Supreme Court doesn’t have the power to strike down state laws like that en mass as the United States Supreme Court does. But the lawyer who brought the case, Alex Alí Méndez Díaz, said before the ruling that victory would mean the beginning of the end for bans on same-sex marriage.

(More about Méndez here—he started the case as a law student.)

The court’s ruling that the ban on same-sex marriage is unconstitutionally discriminatory is partly based on a February ruling from the Inter-American Court of Human Rights that governments can’t discriminate on the basis of sexual orientation, Karen Atala Riffo y Niñas v. Chile.

This case could have repercussions outside of Mexico—by expanding this precedent to include the right to marry, courts in other Latin American countries that recognize the Inter-American Accord on Human Rights could follow this precedent and determine that marriage rights are also protected in their countries. And the Inter-American Court itself could be more likely to recognize a right to marry—a case brought by three couples trying to strike down Chile’s ban on gay marriage has already begun making its way through the international judicial system.

Fifty foreign couples to wed in Argentina

Argentina’s becoming quite the host spot for same-sex weddings, according to the Federación Argentina LGBT.

An article published last week by La Nación quotes FALGBT President Esteban Paulón, who says that most of these couples are from Latin America and the United States, though there’s also a number of Italians waiting their turn.

The story was focused on the recent marriage of Peruvian Edgar Ayala and American Ralph Zakheim. Their wedding followed one in September by two Russians, Natalya Gavrilova and Irina Niemelainen.

Though Argentina legalized same-sex marriage in 2010, it was only this year that some municipalities (most importantly Buenos Aires and Rosario) passed laws that allowed foreigners to take advantage of the law.