Recognition of same-sex unions in Cuba

Cuba does not recognize same-sex marriage, civil unions, or any other form of same-sex unions. The Cuban Constitution prohibited same-sex marriage until 2019, and in May 2019, the Government announced that the Union of Jurists of Cuba is working on a new family code, which would address same-sex marriage.

Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 18 states and Mexico City, in certain municipalities in three other states, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in Tel Aviv.
  7. Degree of recognition unknown. No actual cases to date.
  8. Limited to residency rights for foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Maitri Karar–type contractual relationships, but it is not legally enforceable
  12. Offer "partnership certificates", which provide some tools (such as hospital visitation rights) but do not offer any legal recognition
  13. Limited to spouses of foreign diplomatic officials.
* Not yet in effect or automatic deadline set by judicial body for same-sex marriage to become legal
LGBT portal

De facto unions

A civil union law was first proposed in 2007.[1][2] The bill was reportedly before the National Assembly and promoted by Mariela Castro, director of the Cuban Sexual Education Center and daughter of the First Secretary of the Communist Party, Raúl Castro.[3][4][5] The legislation did not reach a vote in Parliament, even though Mariela Castro said that it had the support of her father.[6]

Same-sex marriage
Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Country subject to IACHR ruling
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but law not enforced

Attempts to change the Constitution

Until 2019, Article 36 of the Constitution of Cuba defined marriage as "the voluntarily established union between a man and a woman".[7] Under Article 2 of the Family Code, marriage is restricted to the voluntary union of a man and a woman.[8]

In December 2017, LGBT groups launched a campaign to amend the Cuban Constitution to repeal the ban on same-sex marriage.[9] On 4 May 2018, Mariela Castro stated that she would 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.[10][11]

On 21 July, Secretary of the Council of State Homero Acosta said that the draft Constitution included a provision defining marriage as a union between two people. Changes to statutory laws would be necessary to make same-sex marriage legal.[12][13] The National Assembly approved the draft on 22 July. It was subject to public consultation between 13 August and 15 November.[14][15][16][17][18][19]

The issue of same-sex marriage 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".[20] In what was described as "a war of posters", both opponents and supporters of same-sex marriage displayed hundreds of posters around Havana, the Cuban capital.[21]

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.[22][23]

On 18 December, the constitutional commission removed the definition of marriage from the draft, meaning that the new Constitution would not legalize same-sex marriage. Nonetheless, it would still repeal the constitutional ban.[24][25] The National Assembly and Mariela Castro have stated that same-sex marriage would instead be legalised through a change to the Family Code, which is expected to happen after February 2019. Writing in the Havana Times, commentator and human rights activist Luis Rondón Paz argued that the Cuban state never intended to legalize same-sex marriage, and was instead seeking to deflect attention from other domestic issues and promote itself internationally as a progressive state.[26]

The new Constitution was approved in a referendum on 24 February 2019, and took effect on 10 April 2019.[27][28] Article 82 reads as follows:

Marriage is a social and legal institution. It is one form of family organization. It is based on free will and equality of rights, obligations and legal capacity of the spouses. The law decides how it is constituted and its effects.[lower-alpha 1]

Changes to the Family Code

In early March 2019, shortly after the constitutional referendum, the Government launched public consultations on the new Family Code, which would address same-sex marriage.[30] In May 2019, it announced that the Union of Jurists of Cuba is working on the new code, saying that "Cuba is working today on the elaboration of a new Code of the Family, with the challenge of including the diversity of family institutions and problems of the social scenario". The code will take two years to be finalised.[31]

Public opinion

A 2019 Apretaste opinion survey showed that 63.1% of Cubans were in favour of legalising same-sex marriage, while 36.9% were opposed.[32]

See also

Notes
  1. In Spanish: El matrimonio es una institución social y jurídica. Es una de las formas de organización de las familias. Se funda en el libre consentimiento y en la igualdad de derechos, obligaciones y capacidad legal de los cónyuges. La ley determina la forma en que se constituye y sus efectos.[29]

References
  1. Cuba discutirá derechos gay
  2. Mohideen-Znet, Reihana (9 August 2009). "Socialist feminist revival". Venezuela Analysis. Retrieved 24 September 2018.
  3. "Mariela Castro: Cuba 'Ready' for Gay Unions". Havana Times. 11 December 2012. Retrieved 24 September 2018.
  4. "Raul Castro's daughter: Cuba eyes same-sex unions". Boston Globe. 17 January 2012. Retrieved 24 September 2018.
  5. "Mariela Castro says Cuba to consider civil unions for gays". Archived from the original on 2012-01-21. Retrieved 2012-01-20.
  6. Trotta, Daniel (10 May 2014). "Cubans celebrate gay rights, but marriage remains distant". Reuters. Retrieved 24 September 2018.
  7. Article 36, Constitution of the Republic of Cuba, 1992
  8. 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
  9. "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.
  10. "Raul Castro's lawmaker daughter wants to make same-sex marriage legal in Cuba". Edmonton Journal. 4 May 2018. Retrieved 24 September 2018.
  11. "Hija de Castro impulsa el matrimonio gay en Cuba". La Razon (in Spanish). 4 May 2018. Retrieved 24 September 2018.
  12. Marsh, Sarah (21 July 2018). "Cuba's draft constitution opens path to gay marriage". Reuters. Retrieved 24 September 2018.
  13. "Cuba's new constitution would allow same-sex marriages". Digital Journal. 21 July 2018. Retrieved 24 September 2018.
  14. "Cuba's National Assembly concludes debate on constitutional reforms". Agencia EFE. 22 July 2018. Retrieved 24 September 2018.
  15. "Cuban legislature adopts new constitution". Inquirer News. 23 July 2018. Retrieved 24 September 2018.
  16. Frank, Marc (23 July 2018). "Cuba economic growth weak, president says, as lawmakers approve new constitution". Reuters. Retrieved 24 September 2018.
  17. Augustin, Ed (23 July 2018). "Cuba's new constitution paves way for same-sex marriage". The Guardian. Retrieved 24 September 2018.
  18. "Referendo de nueva constitución será el 24 de febrero". Rebelión (in Spanish). 11 August 2018. Retrieved 24 September 2018.
  19. "A new dawn for Cuba? The draft constitution explained". Al Jazeera English. 17 November 2018.
  20. Lotto Persio, Sofia (24 July 2018). "Evangelical churches in Cuba display anti-gay marriage posters against reform". PinkNews. Retrieved 24 September 2018.
  21. "La "guerra de carteles" por el matrimonio igualitario en Cuba". cibercuba.com (in Spanish). 22 July 2018. Retrieved 24 September 2018.
  22. Anapol, Avery (17 September 2018). "New Cuban president says he supports same-sex marriage". The Hill.
  23. Mitchell, Charlotte (18 September 2018). "Cuban President Miguel Diaz-Canel backs same-sex marriage". Al Jazeera.
  24. Vela, Hatzel (18 December 2018). "Cuba eliminates gay marriage language from new constitution". Local10.com. Archived from the original on 19 December 2018. Retrieved 19 December 2018.
  25. Weissenstein, Michael; Rodriguez, Andrea (18 December 2018). "Cuba eliminates gay marriage language from new constitution". Yahoo!. Associated Press. Archived from the original on 19 December 2018. Retrieved 19 December 2018.
  26. Rondon Paz, Luis (23 December 2018). "Same-Sex Marriage Will Never Be in Cuba's Constitution". Havana Times.
  27. "Cuba Proclaimed Its New Constitution". Prensa Latina. 10 April 2019.
  28. Frank, Marc; Acosta, Nelson (25 February 2019). "Cubans overwhelmingly ratify new socialist constitution". Reuters. Retrieved 25 February 2019.
  29. (in Spanish) Constitución de la República de Cuba
  30. "El Gobierno de Cuba someterá a consulta popular el nuevo Código de Familia". CiberCuba (in Spanish). 8 March 2019.
  31. "Cuba anuncia que elabora nuevo Código de Familia "inclusivo" en medio de las tensiones con la Comunidad LGBTI+". Ciber Cuba (in Spanish). 14 May 2019.
  32. "Encuesta: Un 63,1% de los cubanos quiere matrimonio igualitario en la Isla". Diario de Cuba (in Spanish). 18 July 2019.
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