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But cases are not restricted to Africa and the Middle East. Even in Europe, which has the largest proportion of countries where same-sex marriage is legal, there are cases of sanctions against couples. In Hungary, since 2020 an amendment to the Constitution has made adoption by homosexual couples unfeasible, by encouraging citizens to report LGBT families with children to the authorities.
In Russia, the Constitution prohibits what it classifies as any type of propaganda related to the LGBT cause and movement. Also in the United States, the community faces setbacks in rights: the state of Tennessee banned drag queen performances in public places or in the presence of people under 18 years of age.
Brazil case
In Brazil, the recognition of same-sex marriage is supported by a judicial decision. In 2011, the Federal Supreme Court (STF) ruled on two cases to equate stable unions between people of the same sex with heterosexual ones.
In 2013, the National Council of Justice (CNJ) approved a resolution obliging registry offices to celebrate same-sex civil marriages. In the ten years since then, there have been 76,400 same-sex marriages registered in Brazil, according to a report by the National Association of Natural Persons Registrars (Arpen-Brasil).
However, the law is not regulated by legislation. That is why the topic is the subject of debate in the National Congress. In the Chamber of Deputies, two bills on the subject are being processed together. While project nº 5167/09 proposes to include in the Civil Code the prohibition on same-sex unions, another matter, PL nº 580/07 wants the opposite: the possibility of same-sex unions.
The text is analyzed by the Social Security, Social Assistance, Childhood, Adolescence and Family Commission. Faced with the imminence of the report by deputy Pastor Eurico (PL-PE) in favor of the ban, being read in the collegiate on September 19, parliamentarians from the government’s allied base presented an obstruction, and the discussion was postponed.
On Wednesday (27/09), deputies considered the rapporteur’s opinion. On the occasion, federal deputy Erika Hilton (PSOL-RJ) argued that the report is unconstitutional, as it promotes the withdrawal of rights already acquired by the population.
“The report presented by Pastor Eurico is […] a mockery and an explicit attack on the lives, dignity and rights of LGBTQIA+ people. In addition to defending the withdrawal of rights already acquired by the population, the undemocratic and unconstitutional procedure par excellence”.
The rapporteur countered: “some of these (deputies) said that I am trying to create a political springboard. Guys, it’s not my project. I’m in my fourth term and that wouldn’t be the springboard I would use.”
In the opinion, Pastor Eurico (PL) states that the Supreme Court “usurped” the powers of the Legislature when deliberating on the topic. For the deputy, “there is no provision that allows marriage or stable unions between people of the same sex”. He says that the Constitution only recognizes the stable union between a man and a woman as a family entity.
“Brazil, since its constitution and as a Christian nation, although it obeys the principle of secularism, maintains, in its Constitution and laws, family values, arising from the culture of its people and Natural Law”, continues the text.
Given the impasse between congressmen surrounding the text, a new opinion will be prepared by the rapporteur, together with four deputies.
As it is being processed conclusively, the project only needs to go through the thematic committees, and is not sent to the plenary for voting. After the Social Security, Childhood, Adolescence and Family Committee, it goes to the Constitution and Justice Committee.
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