Conservative congress threatens Brazil’s same-sex marriage wins

The amount is 268 per cent higher than in 2013, when the National Council of Justice (CNJ) issued Resolution n. 175/2013, obliging registry offices to perform marriages between same-sex couples.

These kinds of civil unions have been allowed in Brazil since 2011 following a Supreme Court ruling lasting until the present day, and despite the 2013 ruling legalising the courtships, the psychologist and LGBTQIAPN+ rights activist Grazielle Tagliamento, who holds a PhD in Psychology, Human Rights, Genders and Sexualities, told FairPlanet that the rulings of the Supreme Court and the National Council of Justice are not a guarantee that the right will remain. 

“This was a victory, but at any moment, this right could be annulled by some law that Congress might pass. And our legislative power has become increasingly conservative throughout history,” she said. Moreover, the Campaign Manager at the pro-LGBTQIAPN+ NGO All Out, Marcos Melo, highlights that there are cases in which, despite the ruling, offices deny celebrating marriages based on moral excuses. 

Tagliamento acknowledged the possibility of prejudice throughout the processes, whether offices purposely make same-sex marriages more difficult or bureaucratic than they need to be or cast disapproving glances at the people getting married.

Having the right to get married to someone and raising a family is more than simply a juridical matter. According to Tagliamento, this is not just about the right to recognise a union but also the very right to acknowledge its existence. If families made up of people of the same gender are not recognised by the state, LGBTQIAPN+ families are symbolically annulled, reinforcing a series of stereotypes, prejudices, discrimination and violence. 

Moreover, getting officially married is a way to ensure that other civil rights, such as inheritance and pensions, will be granted after the death of one-half of the couple. 

“We face a reality of prejudice within the families, and it might happen that they will prevent the late relative’s partner from reaching their patrimony. I have seen cases in which the family took all furniture of a house previously shared by the couple, something that could never happen if the marriage was official by law,” Tagliamento told FairPlanet.

“Feeling juridically safe has positive impacts on mental health. On the other hand, always being alert, worried and anxious creates a very great deal of distress,” she added. 

Say Yes

To revert this scenario, AllOut is promoting the campaign #SayYes: Make Marriage Equality the Law in Brazil, aiming to collect signatures to pressure the Congress Houses to approve Bill n. 580/2007, which would allow same-sex couples to form unions through a civil contract. The bill has been in process for almost two decades, and now, Erika Hilton, a Federal Congresswoman who is also an activist for LGBTQIAPN+ rights, is the rapporteur. 

Hilton’s report highlights that Brazil is a signatory to the Yogyakarta Principles, emphasising that everyone has the right to raise a family, regardless of sexual orientation or gender identity.

Nonetheless, the report notes that “the Brazilian state, especially parliament, refuses to deal with respect for the life and dignity of this population, corroborating a second-class citizenship for the group.”

It concludes that “13 years after the Supreme Court’s decision, it is important for parliament to move forward in the inclusion of LGBTQIA+ people and the promotion of the group’s individual, collective and diffuse rights, because even with the important achievements there are those who, out of conservatism, continue to discriminate against same-sex couples in the judicial sphere.”

What’s next?

Legislative processes in Brazil can be tricky. While a bill is discussed over time, other related bills can be attached to it, even if they are contrary to the original matter, and replacing texts can be approved throughout commissions, which the Chamber of Deputies holds to Determine the constitutionality and Feasibility of a bill. This particular bill has been under deliberation since 2007 and is not expected to reach voting until 2025 at least.

Therefore, it might happen that the proposal was first approved in reverse of its goal. And this is what is happening right now. Family Commission in the National Congress rejected the proposal favourable to marriage equality and approved a substitute text for ending same-sex marriage in Brazil.

The way for any of the bills to be approved is still full of steps – other commissions and, finally, the congress voting, which is most likely to happen just in 2025. Meanwhile, All Out’s goal is to raise awareness globally of this crossroad situation going on in the country with some of the highest rates of violence against LGBTQIAPN+. 

So far, the campaign has raised nearly 74,500 signatures from Brazil and other countries, such as England, Denmark, Italy, France and Spain. Furthermore, they rely on the public support of 28 organisations, such as Girls Up Brazil, Youth Opportunities Brazil and the Brazilian LBTQ+ Women’s Network. 

Notwithstanding, Tagliamento is not so optimistic about the approval of the pro-marriage bill, considering the overall conservative Congress we currently have in Brazil.

“Our agendas are used to put pressure on the executive government. I believe the possibility of a law overturning the right to equal marriage could be used as a bargaining tool for negotiations between the two branches of government,” said the activist.

In this way, both bills – for and against equal marriage – could end up in a kind of bain-marie, resurfacing at strategic moments for deputies and senators to negotiate other issues with the federal government. 

Ana Clara Toledo, Senior Campaigns Manager in Latin America for All Out, expects that the matter could be present for voting only next year since many deputies are now involved in the regional elections going on in Brazil.

“Postponing it for 2025 is a good thing because this year, the Congress is being led by a conservative party, which lowers our chances of success in a matter such as this one,” she explained. 

Toledo and Melo also highlight the potential of public pressure to change the course of a bill in Congress - she has seen other moments in which this was decisive to ban or boost a discussion – so she reinforces the claim for anyone who can help by signing the campaign. 

An English version Of the campaign is available here.

Image by In Lieu & In View Photography.