2022 Cuban Family Code referendum

Last updated

2022 Cuban Family Code referendum
Flag of Cuba.svg
25 September 2022
Do you agree with the Family Code?
Logo of 2022 referendum in Cuba.jpg
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes3,950,28866.85%
Light brown x.svgNo1,959,09733.15%
Valid votes5,909,38594.26%
Invalid or blank votes360,0425.74%
Total votes6,269,427100.00%
Registered voters/turnout8,457,97874.12%
Referendum de Cuba de 2022 - Resultados por provincia.svg
Results by province

A referendum was held on 25 September 2022 in Cuba to approve amendments to the Family Code of the Cuban Constitution. [1] The referendum passed, greatly strengthening gender equality, legalizing same-sex marriage, same-sex adoption, and altruistic surrogacy, and affirming a wide range of rights and protections for women, children, the elderly and people with disabilities. [2] [3] Following the referendum, Cuba's family policies have been described as among the most progressive in Latin America. [4]

Contents

Background

Until 2019, Article 36 of the Constitution of Cuba (most recently amended in 1992) defined marriage as "the voluntary union established between a man and a woman". As such, the wording constitutionally prohibited same-sex marriage. [5]

In December 2017, LGBT groups launched a public campaign to repeal the constitutional ban. [6] On 4 May 2018, Mariela Castro said that she would propose a reform of the constitution and introduce a complementary measure to legalize same-sex marriage, since the constitutional reform process was expected to begin in July 2018. [7] [8] On 21 July, the Council of State, Homero Acosta Álvarez, said that the draft constitution included a provision that defined marriage as a "union between two people". [9] [10] The National Assembly approved the draft on 22 July, [11] [12] [13] [14] and it was subject to public consultation between 13 August and 15 November 2018.

The issue of same-sex marriage triggered public debate and organization in Cuba. In June 2018, five Christian denominations declared same-sex marriage "contrary to the spirit of the communist revolution". [15] In what was described as "a poster war", both opponents and supporters of same-sex marriage put up hundreds of posters around Havana. [16] In September 2018, after conservative opposition to the proposal to legalize same-sex marriage, President of Cuba and First Secretary of the Communist Party of Cuba, Miguel Díaz-Canel, announced his support for same-sex marriage. In his first interview since taking office in April, he told Telesur that he supports "marriage between people without any restrictions", and is in favor of "eliminating any kind of discrimination in society". [17] [18]

Pressure from religious fundamentalist groups and deep-rooted conservatism in Cuban society were factors in defining marriage with vaguer wording instead of "a union between two people". [19] In December 2018, the final draft of the new constitution was ratified by the National Assembly and defined marriage as a "social and legal institution" without reference to the gender of the parties. This meant that the new constitution would not explicitly legalize same-sex marriage, but at the same time the ban on same-sex marriage would be repealed. [20] [21] Mariela Castro said that same-sex marriage would instead be legalized through a change in the Family Code.

The new constitution was approved in a referendum on 24 February 2019, with 90.6% in favor, and entered into force on 10 April of the same year. [22] [23] Article 82 of the new constitution states:

Marriage is a social and legal institution. It is one of the forms of family organization. It is based on the free consent and the equality of rights, obligations and legal capacity of the spouses. The law determines the form in which it is constituted and its effects. [24]

Preparations

Ballot form which was used in the referendum Ballot paper used in 2022 Cuban Family Code referendum.jpg
Ballot form which was used in the referendum

On 15 September 2021, the Cuban government published the draft of the new Family Code, which would legalize same-sex marriage. Article 61 of the draft code states that marriage is "the consensual union between two people" without specifying the sex of the couple. Likewise, parents are no longer defined by their sex, since Articles 30 and 31 allow same-sex adoption and explicitly grant the right of paternity to couples who use the various forms of assisted reproductive technology. [25] [26] The new code was well received by LGBT rights associations, although they remained cautious about the success of the changes. [27] On 30 December 2021, a special commission was created to organize the referendum, headed by the diplomat Antonio Machín. [28] [29]

Subject to a popular consultation period from 15 February 2022, the project was criticized by some pro-LGBT activists, who argued that a fundamental right should not need to be put to a referendum. The government responded that it preferred to implement the changes to the law in a way that was accepted by the public, rather than being imposed by force. The referendum process is also taking place against the backdrop of a wave of same-sex marriage legalization in the rest of Latin America, adding to frustrations among Cuba's LGBT community regarding the slow pace of change compared to nearby jurisdictions. [30] [27]

In addition to LGBT issues, the new Family Code also includes greater protection for children and adolescents, the co-responsibility of parents in their education, and strict equality of rights between men and women. The Code also guarantees minors the right not to be the object of exclusion, violence or parental neglect. [31]

On 6 June 2022, version 25 of the Family Code was presented, reflecting the final results of the public consultation and including modifications to 48.73% of the articles. [32]

Opinion polls

Polling sourceDate(s) conductedSample size
(Proposals)		YesNoUndecidedLead
Granma/PCC 1 February – 30 April 2022434,86061.96–––
Granma/PCC 1 February – 20 March 2022About 225,00054–––
Draft Family Code released
Apretaste [lower-alpha 1] July 201939063.136.9–26.2

Results

The vote commenced for Cuban nationals abroad on 18 September at around 1,000 polling stations worldwide, including at Cuban embassies and consulates, and voting commenced in Cuba itself at 07:00 CDT on 25 September.[ citation needed ] Polls closed in most of the country at 18:00, though voters in line at polling locations at that time were reportedly allowed to vote.[ citation needed ] Certain locations in Havana and Santiago de Cuba were allowed[ citation needed ] to stay open until 20:00 due to rains from the 2022 Atlantic hurricane season. The results were set to be released on 30 September by the National Electoral Council. However, preliminary exit polls showed that a majority of voters supported the proposals. The abstention rate of the referendum was 26%, [33] higher than the abstention rate for the constitutional referendums of 1976 and 2019. [34]

ChoiceVotes%
For3,950,28866.85
Against1,959,09733.15
Total5,909,385100.00
Valid votes5,909,38594.26
Invalid/blank votes360,0425.74
Total votes6,269,427100.00
Registered voters/turnout8,457,97874.12
Source: CEN, CEN

By province and equivalents

Province ForAgainst
Votes %Votes %
Pinar del Río 231,34970.6096,35529.40
Artemisa 181,01569.3679,94830.64
La Habana 709,92069.99304,37230.01
Mayabeque 116,63862.1870,93337.82
Matanzas 255,31570.05109,18229.95
Villa Clara 280,61066.53141,16233.47
Cienfuegos 152,83372.1558,98627.85
Sancti Spíritus 184,07868.5484,47831.46
Ciego de Ávila 176,44971.6069,97428.40
Camagüey 271,38266.03139,61133.97
Las Tunas 180,93764.15101,10435.85
Holguín 289,27153.58250,58046.42
Granma 323,07070.07137,99929.93
Santiago de Cuba 392,09968.66178,96331.34
Guantánamo 152,41856.21118,72043.79
Isla de la Juventud 32,40171.2913,04728.71
Overseas voters20,50384.773,68315.23
Total valid votes3,950,28866.851,959,09733.15
Source: Elecciones en Cuba

See also

Notes

  1. ↑ Support for same-sex marriage

Related Research Articles

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

<span class="mw-page-title-main">LGBT rights in Venezuela</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Venezuela face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Venezuela, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Also, same-sex marriage and de facto unions are constitutionally banned since 1999.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

<span class="mw-page-title-main">LGBT rights in Cuba</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Cuba have significantly varied throughout modern history. Cuba is now considered generally progressive, with vast improvements in the 21st century for such rights. Following the 2022 Cuban Family Code referendum, there is legal recognition of the right to marriage, unions between people of the same sex, same-sex adoption and non-commercial surrogacy as part of one of the most progressive Family Codes in Latin America. Until the 1990s, the LGBT community was marginalized on the basis of heteronormativity, traditional gender roles, politics and strict criteria for moralism. It was not until the 21st century that the attitudes and acceptance towards LGBT people changed to be more tolerant.

<span class="mw-page-title-main">LGBT rights in Mexico</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Mexico expanded in the 21st century, keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.

<span class="mw-page-title-main">Same-sex marriage in Mexico</span>

Same-sex marriage is legally recognized and performed throughout Mexico since 31 December 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country. Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.

<span class="mw-page-title-main">LGBT rights in Panama</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Panama face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Panama, but same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples.

Several countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples.

Same-sex marriage has been legal in Ecuador since 8 July 2019 in accordance with a Constitutional Court ruling issued on 12 June 2019 that the ban on same-sex marriage was unconstitutional under the Constitution of Ecuador. The ruling took effect upon publication in the government gazette on 8 July. Ecuador became the fifth country in South America to allow same-sex couples to marry, after Argentina, Brazil, Uruguay and Colombia, but adoption by married couples remains restricted to opposite-sex couples. The country has also recognized same-sex civil unions since 2008.

Same-sex marriage has been legal in Cuba since 27 September 2022 after a majority of voters approved the legalization of same-sex marriage in a referendum two days prior. The Constitution of Cuba prohibited same-sex marriage until 2019, and in May 2019 the government announced plans to legalize same-sex marriage. A draft family code containing provisions allowing same-sex couples to marry and adopt was approved by the National Assembly of People's Power on 21 December 2021. The text was under public consultation until 6 June 2022, and was approved by the Assembly on 22 July 2022. The measure was approved by two-thirds of voters in a referendum held on 25 September 2022. President Miguel Díaz-Canel signed the new family code into law on 26 September, and it took effect upon publication in the Official Gazette the following day.

Venezuela does not recognize same-sex unions. In 2008, the Supreme Tribunal of Justice ruled that the Constitution of Venezuela neither prohibits nor requires the recognition of same-sex marriage. In January 2015, a lawsuit seeking to legalise same-sex marriage in Venezuela was filed with the Supreme Tribunal, which announced in April 2016 that it would hear the case, though no decision has been made as of August 2023. On 24 February 2022, a deputy of the opposition Cambiemos Movimiento Ciudadano party introduced a same-sex marriage bill to the National Assembly.

<span class="mw-page-title-main">Same-sex union legislation</span> Laws about the recognition of same-sex couples

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay.

El Salvador does not recognize same-sex marriage, civil unions or any other legal union for same-sex couples. A proposal to constitutionally ban same-sex marriage and adoption by same-sex couples was rejected twice in 2006, and once again in April 2009 after the Farabundo Martí National Liberation Front (FMLN) refused to grant the measure the four votes it needed to be ratified.

Same-sex unions are currently not recognized in Honduras. Since 2005, the Constitution of Honduras has explicitly banned same-sex marriage. In January 2022, the Supreme Court dismissed a challenge to this ban, but a request for the Inter-American Commission on Human Rights to review whether the ban violates the American Convention on Human Rights is pending. A same-sex marriage bill was introduced to Congress in May 2022.

<span class="mw-page-title-main">2019 Cuban constitutional referendum</span>

A constitutional referendum was held in Cuba on 24 February 2019. Voters were asked whether they approved of a new constitution passed by the National Assembly of People's Power in July 2018. The reforms were approved, with 90.61% of valid votes cast in favour. The new constitution came into force on 10 April 2019 after it was proclaimed in the Cuban National Assembly and published in the Official Gazette of the Republic.

Same-sex marriage has been legal in Hidalgo since 11 June 2019. A bill for the legalization of same-sex marriages in Hidalgo was approved by the state Congress on 14 May 2019. It was published in the official state journal on 10 June and took effect the following day.

Same-sex marriage has been legal in Sinaloa since 30 June 2021. On 12 June 2021, a federal court ordered the Congress of Sinaloa to pass a same-sex marriage law by 15 June, in accordance with jurisprudence established by the Supreme Court of Justice of the Nation. Subsequently, same-sex marriage legislation passed Congress unanimously on 15 June. It was published in the official state journal on 29 June, and entered into force the following day, making Sinaloa the 20th Mexican state to legalize same-sex marriage.

Same-sex marriage has been legal in Yucatán since 4 March 2022. On 25 August 2021, the Congress of Yucatán removed a constitutional ban on same-sex marriages. The new law entered into force on 7 September 2021. Congress had 180 days to change statutory law to accommodate same-sex marriage, and did so unanimously on 1 March. The law took effect three days later, and made Yucatán the 25th Mexican state to legalize same-sex marriage.

The recognition of same-sex unions varies by country.

Same-sex marriage has been legal in Tabasco since 27 October 2022. A bill to legalise same-sex marriage was passed by the Congress of Tabasco on 19 October 2022. It was signed by Governor Carlos Manuel Merino Campos, and published in the official state journal on 26 October, taking effect the next day. Tabasco was the fourth-to-last state in Mexico to legalize same-sex marriage.

References

  1. ↑ "Cuba to hold referendum on Family Code - Prensa Latina". 19 January 2022. Retrieved 13 April 2022.[ permanent dead link ]
  2. ↑ "Cuba Family Code: Country votes to legalise same-sex marriage". BBC News . 26 September 2022. Retrieved 26 September 2022.
  3. ↑ Rojas, Laura Maria (6 June 2023). "Cuba's family code recognizes diversity in families expanding rights for children, women, and LGBTQI+ people". Pathfinders for Peaceful, Just and Inclusive Societies. Retrieved 12 October 2023.
  4. ↑ "Cuba approves same-sex marriage in historic turnabout". Washington Post. ISSN   0190-8286 . Retrieved 27 September 2022.
  5. ↑ sources, Independent Cuban journalist and other media. "Cuba News / Noticias - CubaNet News". www.cubanet.org.
  6. ↑ "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.
  7. ↑ "Raul Castro's lawmaker daughter wants to make same-sex marriage legal in Cuba". Edmonton Journal. 4 May 2018. Retrieved 24 September 2018.
  8. ↑ "Hija de Castro impulsa el matrimonio gay en Cuba". La Razon (in Spanish). 4 May 2018. Archived from the original on 14 August 2018. Retrieved 24 September 2018.
  9. ↑ Marsh, Sarah (21 July 2018). "Cuba's draft constitution opens path to gay marriage". Reuters. Retrieved 24 September 2018.
  10. ↑ "Cuba's new constitution would allow same-sex marriages". Digital Journal. 21 July 2018. Retrieved 24 September 2018.
  11. ↑ "Cuba's National Assembly concludes debate on constitutional reforms". Agencia EFE. 22 July 2018. Archived from the original on 28 March 2019. Retrieved 24 September 2018.
  12. ↑ "Cuban legislature adopts new constitution". Inquirer News. 23 July 2018. Retrieved 24 September 2018.
  13. ↑ Frank, Marc (23 July 2018). "Cuba economic growth weak, president says, as lawmakers approve new constitution". Reuters. Retrieved 24 September 2018.
  14. ↑ Augustin, Ed (23 July 2018). "Cuba's new constitution paves way for same-sex marriage". The Guardian. Retrieved 24 September 2018.
  15. ↑ Lotto Persio, Sofia (24 July 2018). "Evangelical churches in Cuba display anti-gay marriage posters against reform". PinkNews. Retrieved 24 September 2018.
  16. ↑ "La "guerra de carteles" por el matrimonio igualitario en Cuba". cibercuba.com (in Spanish). 22 July 2018. Retrieved 24 September 2018.
  17. ↑ Anapol, Avery (17 September 2018). "New Cuban president says he supports same-sex marriage". The Hill.
  18. ↑ Mitchell, Charlotte (18 September 2018). "Cuban President Miguel Diaz-Canel backs same-sex marriage". Al Jazeera.
  19. ↑ Sosin, Eileen (6 April 2023). "Equal marriage has improved our lives, says LGBT Cubans". openDemocracy . Retrieved 24 November 2023. The possibility of allowing same-sex marriage had been raised in 2018, during discussions on reforming the country's constitution. One draft proposed changing the definition of marriage to "a union between two people" rather than between a man and woman, but this was dropped following pressure from religious fundamentalist groups. Cuban society's deep-rooted conservatism was also a factor in replacing the definition with vaguer wording.
  20. ↑ 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.
  21. ↑ 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.
  22. ↑ "Cuba Proclaimed Its New Constitution". Prensa Latina. 10 April 2019.
  23. ↑ Frank, Marc; Acosta, Nelson (25 February 2019). "Cubans overwhelmingly ratify new socialist constitution". Reuters . Retrieved 25 February 2019.
  24. ↑ "Constitución de la República de Cuba" (PDF).
  25. ↑ "ANTEPROYECTO CÓDIGO DE LAS FAMILIAS (Versión 22- 01/08/2021)" (PDF). Ministerio de Justicia de la República de Cuba (in Spanish). Retrieved 26 March 2022.
  26. ↑ Atkins, C.J. (17 September 2021). "Draft family code brings Cuba closer to same-sex marriage equality". People's World. Retrieved 26 March 2022.
  27. 1 2 Marsh, Sarah (15 September 2021). "Cuba publishes draft family code that opens door to gay marriage". Reuters. Retrieved 26 March 2022.
  28. ↑ "Constitution de la commission électorale du MINREX pour le référendum sur le code des familles". www.radiohc.cu (in French). Retrieved 12 February 2022.
  29. ↑ "Commission for referendum on Family Code set up in Cuba". Prensa Latina. 30 December 2021. Retrieved 26 March 2022.
  30. ↑ "Cuba begins public consultation on marriage equality law". AP News. 16 February 2022. Retrieved 26 March 2022.
  31. ↑ Nemitz, Ellen. "Constitutional policy reforms polarise Cubans". FairPlanet. Retrieved 26 March 2022.
  32. ↑ Puig Meneses, Yaima (6 June 2022). "Una ley digna y construida por los cubanos". Presidencia de la República de Cuba. Retrieved 11 June 2022.
  33. ↑ "CEN | Consejo Electoral Nacional". www.eleccionesencuba.cu. Archived from the original on 26 September 2022. Retrieved 27 September 2022.
  34. ↑ "Constitución de la República de Cuba" (PDF). eleccionesencuba.cu. Archived from the original (PDF) on 24 July 2022. Retrieved 15 April 2023.
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