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Chileans overwhelmingly reject new constitution

Document would have enshrined LGBTQ rights in country

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More than 100,000 people attended a Pride protest in Santiago, Chile, on June 25, 2022. Chileans on Sept. 4, 2022, overwhelmingly rejected a new constitution that would have enshrined LGBTQ rights. (Photo courtesy of Gonzalo Velásquez)

Chileans on Sunday overwhelmingly rejected a new constitution that would have enshrined LGBTQ rights in an unprecedented way.

Upwards of 80 percent of Chileans in October 2020 voted in favor of changing the constitution. 

More than 60 percent of them rejected the new constitution in Sunday’s referendum. Slightly more than 38 percent of Chileans voted to approve it.

The need to change the current constitution, which is a legacy of Gen. Augusto Pinochet’s dictatorship, arose after social unrest in 2019 that exposed long-standing standing inequalities in the South American country.

The new constitution, which a Constitutional Convention with an equal number of men and women and eight openly LGBTQ members, was drafted in one year. Gaspar Domínguez, a gay doctor, was the Constitutional Convention’s vice president. 

There were several points of disagreement.

One of the constitution’s most controversial amendments called for Chile to become a plurinational state that would have recognized the existence of the different indigenous people in the country. The “rejection” groups argued the recognition of indigenous people would have created a privileged group and divided the country.

This discourse permeated the debate over the constitution.

President Gabriel Boric’s government said the referendum went well in terms of participation, public transportation and the functioning of the institutions that helped carry it out. The results were available a few minutes after the polling stations closed.

Boric addressed the country from La Moneda, Chile’s presidential palace, in a nationally broadcast speech after the results were known.

He valued the high participation and celebrated the “triumph of democracy.” At the same time, however, he said the “constituent process has not ended.” 

Boric said his government will “agree as soon as possible on the terms of the new constitutional process,” alluding to the fact that the Pinochet-era constitution must be changed. Those who supported the “rejection” option have also committed themselves to find a new way to change the constitution.

Congresswoman Emilia Schneider, a Boric supporter who is the country’s the first openly transgender member of Congress, on Twitter acknowledged the “hard result” of the referendum.

“The constitution of the dictatorship does not unite us and we could not build a majority around the proposal for which we voted,” said Schneider. “The cycle of changes is not over. Citizens demand social rights and more democracy. It is urgent to give answers.”

“The constituent process does not end here. It is time for those on the side of rejection to assert their commitment,” she stressed. “From tomorrow we must work for a new democratic process, with parity, with indigenous peoples and (a) participatory (process.) Chile has spoken and we need a new constitution.”

Most LGBTQ organizations and activists in Chile urged voters to “approve” the new constitution because it would have extended explicit rights to the community for the first time. These would have included the recognition of non-heteronormative families outside of marriage, the right to gender identity and expression, nondiscrimination and reproductive rights.

Alessia Injoque, director of Fundación Iguales, an organization that works with the Human Rights Campaign, told the Washington Blade “the new constitution, if approved, would have represented a very significant advance in the protection of our families, in freedom to live authentic lives and without discrimination.”

“It is regrettable that this advance will not be consolidated, but it is time to recognize the result and work so that these rights are part of the next process,” Injoque lamented.

Injoque in response to a question about the possibility of a new constituent process to draft a new constitution said “in politics the doors are never completely closed.”

“It is difficult to think that we will have such a clear opportunity, with such a strong constitutional proposal on LGBTIQ+ rights, but we will continue working until we achieve full equality and the same freedoms,” said Injoque.

Javiera Zuñiga, the spokesperson for the Movement for Homosexual Integration and Liberation, another LGBTQ rights group in Chile, told the Blade the draft constitution had “unprecedented positive elements” and there was “an excessive confidence that all citizens felt highly represented by the text.”

“Certainly in what follows in the constitutional process, it will be fundamental to achieve greater consensus on the matters that did not convince Chileans on this occasion,” said Zuñiga.

“The matters related to substantive equality that were included in the proposal are not part of the conflictive elements in the proposal, such as nondiscrimination, respect for identity and equality of rights are quite well installed among Chileans as basic principles of the society we wish to build,” added Zuñiga. “I believe that this has been one of the greatest gains of the process.”

Zuñiga said Movilh “will continue to contribute to (the constituent process and) nurture it and achieve for the community nothing less than what this proposal considered.”

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Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

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Liniker (Screen capture via Liniker/YouTube)

A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.

Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”

She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.

“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”

Liniker in 2022 became the first openly trans woman to win a Latin Grammy.

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Chile

Chilean presidential election outcome to determine future of LGBTQ rights in country

Far-right candidate José Antonio Kast favored to win Dec. 14 runoff.

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From left: José Antonio Kast and Jeannette Jara. The two candidates to succeed outgoing Chilean President Gabriel Boric will face off in a Dec. 14 runoff. (Screenshots from José Antonio Kast/YouTube and Meganoticias/YouTube)

The results of Chile’s presidential election will likely determine the future of LGBTQ rights in the country.

While Congresswoman Emilia Schneider, the first transgender woman elected to Congress, managed to retain her seat on Sunday, the runoff to determine who will succeed outgoing President Gabriel Boric will take place on Dec. 14 and will pit two diametrically opposed candidates against each other: the far-right José Antonio Kast and Communist Jeannette Jara.

Schneider, an emblematic figure in the LGBTQ rights movement and one of the most visible voices on trans rights in Latin America, won reelection in a polarized environment. Human rights organizations see her continued presence in Congress as a necessary institutional counterweight to the risks that could arise if the far-right comes to power.

Chilean Congresswoman Emilia Schneider. (Photo courtesy of Emilia Schneider)

Kast v. Jara

The presidential race has become a source of concern for LGBTQ groups in Chile and international observers.

Kast, leader of the Republican Party, has openly expressed his rejection of gender policies, comprehensive sex education, and reforms to anti-discrimination laws.

Throughout his career, he has supported conservative positions aligned with sectors that question LGBTQ rights through rhetoric that activists describe as stigmatizing. Observers say his victory in the second-round of the presidential election that will take place on Dec. 14 could result in regulatory and cultural setbacks.

Jara, who is the presidential candidate for the progressive Unidad por Chile coalition, on the other hand has publicly upheld her commitment to equal rights. She has promised to strengthen mechanisms against discrimination, expand health policies for trans people, and ensure state protection against hate speech.

For Schneider, this new legislative period is shaping up to be a political and symbolic challenge.

Her work has focused on combating gender violence, promoting reform of the Zamudio Law, the country’s LGBTQ-inclusive nondiscrimination and hate crimes law named after Daniel Zamudio, a gay man murdered in Santiago, the Chilean capital, in 2012, and denouncing transphobic rhetoric in Congress and elsewhere.

Schneider’s continued presence in Congress is a sign of continuity in the defense of recently won rights, but also a reminder of the fragility of those advances in a country where ideological tensions have intensified.

LGBTQ organizations point out that Schneider will be key to forging legislative alliances in a potentially divided Congress, especially if Kast consolidates conservative support.

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Argentina

Gay Argentine congressman loses bid for country’s Senate

Esteban Paulón is a long-time activist, vocal Javier Milei critic.

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Esteban Paulón is one of Argentina's most prominent LGBTQ and intersex activists. (Photo courtesy of Esteban Paulón)

A gay man who ran for the Argentine Senate lost in the country’s midterm elections that took place on Sunday.

Congressman Esteban Paulón, a long-time LGBTQ rights activist who has represented Santa Fe province in the country’s House of Deputies since 2023, ran to represent Buenos Aires, the Argentine capital, as a member of the Movimiento de Jublidaos y Juventud or “Movement of Young People and Retirees” party.

Paulón’s party received .6 percent of the total votes in the city.

“A new space that wants to be part of the construction of a future of development, equality, and growth for Argentina was born today in Buenos Aires,” said Paulón on Monday in a social media post. 

“I want to think all of the residents of Buenos Aires who put their confidence in the citizen movement and who think another way to do politics is possible,” he added. “We are not here to pass through, we are here to continue growing. We’re convinced that Argentina needs a better approach.”

The elections took place two years after President Javier Milei took office.

Milei has enacted a series of anti-LGBTQ policies that include the closure of Argentina’s National Institute Against Discrimination, Xenophobia, and Racism and dismissing transgender people who the previous government hired under the Trans Labor Quota Law, which set aside at least 1 percent of public sector jobs for trans people. Paulón earlier this year filed a criminal complaint against Milei after he linked the LGBTQ community to pedophilia and made other homophobic and transphobic comments during a speech at the World Economic Forum in Davos, Switzerland.

The Associated Press notes Milei’s La Libertad Avanza party on Sunday won 14 seats in the Senate and 64 seats in the Chamber of Deputies, which is the lower house of Congress. The election took place against the backdrop of the Trump-Vance administration’s promised $40 billion bailout for Argentina if Milei won.

Paulón, for his part, will remain in the Chamber of Deputies. 

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