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Draft of new Cuba family code contains marriage equality provision

National Assembly expected to vote on proposal in December

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(Washington Blade photo by Michael K. Lavers)

Cuba’s Justice Ministry on Wednesday released a draft of a proposed new family code that would extend marriage rights to same-sex couples in the country.

Tremenda Nota, the Washington Blade’s media partner in Cuba, reported the proposed Article 61 of the new family code defines “marriage as a union of two people with legal aptitude who voluntarily agreed to enter into it in order to build a life together based on affection and love.”

The Justice Ministry, according to Tremenda Nota, released the draft a week after a commission that has been charged with writing the new family code met with President Miguel Díaz-Canel and other officials.

Tremenda Nota reported the National Assembly is expected to vote on the new family code in December. The Associated Press noted a referendum on it would then take place.

“It protects all expressions of family diversity and the right of each person to establish a family in coherence with the constitutional principles of plurality, inclusion and human dignity,” National Union of Jurists of Cuba Vice President Yamila González Ferrer told the Associated Press.

The draft’s release comes nearly three years after the government removed an amendment from a draft of Cuba’s new constitution that would have extended marriage rights for same-sex couples after evangelical groups on the Communist island publicly criticized it. Cuban voters in February 2019 overwhelmingly approved the new constitution without marriage equality.

A poster inside El Mejunje, an LGBTI-friendly cultural center in Santa Clara, Cuba, in 2019 indicates support for marriage rights for same-sex couples in the country’s new constitution. (Washington Blade photo by Michael K. Lavers)

Cuba would join Costa Rica, Colombia and a handful of other Latin American countries with marriage equality if the new family code draft becomes law.

Former President Fidel Castro in the years after the 1959 revolution that brought him to power sent gay men and others to work camps known by the Spanish acronym UMAP. His niece, Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ-specific issues as director of Cuba’s National Center for Sexual Education (CENESEX), and Díaz-Canel both publicly support marriage equality.

Tremenda Nota Director Maykel González Vivero is among the hundreds of people who Cuban police arrested on July 11 during anti-government protests that took place in Havana and across the country. Luis Ángel Adán Roble, a gay man who was once a member of the National Assembly, is among those who have been banned from leaving the country.

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European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

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The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.

The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.

ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”

The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.  

“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.” 

“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”

Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.

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Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ‘a decisive step’ against discrimination

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(Bigstock photo)

The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.

Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.

Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.

“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”

Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.

The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.

Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.

“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.

Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.

James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.

Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”

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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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