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Chile Preparing Gay Unions Bill

Chile Preparing Gay Unions Bill

 

Chile is preparing to introduce long awaited legislation to provide unions to same-sex couples and unmarried heterosexuals, but whether the legal framework will be enough to satisfy demands for equality remains to be seen.

A draft form of the legislation obtained by La Tercera has the new institution entitled the “Non-Marital Cohabitation Agreement” (NMCA) and would allow same-sex couples who have cohabited for more than a year to enter into a union whereby they could automatically share certain economic benefits and have their legal status as a couple recognized. As suggested above, such unions would be open to opposite sex non-married couples too.

Describing the introduction of NMCA legislation as “imminent,” La Tercera also points out that Chilean conservative party the UDI has begun drafting its own, much narrower legislation designed to explicitly state that same-sex couples are not to be classed as married per the predominantly Catholic nation’s definition of what marriage is.

The NMCA already does this by virtue of the fact that it grants no adoption rights and very few of the rights open to married couples. In fact, the legislation has been criticized as mere lip-service from President Sebastian Pinera who had pledged to grant same-sex couples a legal status.

The legislation has been termed by many in the international media as a “civil unions” bill, but it would seem far closer to the language of domestic partnerships as originally introduced in California beforethey were widened to become more inclusive.

That the legislation will be lacking in protections and rights rather seems the point: this is distinctly not a same-sex marriage bill and is designed so that the government can, at least for a time, put off larger discussion around same-sex marriage while citing the unions as progress enough for the short term.

However, the NMCA may not be enough to placate same-sex couples in the country.

June saw groupMovimiento Chileno de Minorias Sexuales lead a national march for marriage equality.

Also, majority public support for legal recognition of same-sex partners in Chile has been strong since 2004. Same-sex marriage still polls considerably lower than civil unions, but equal rights seems to be the central focus, something the NMCA as shown in the draft will not come close to providing.

Homosexuality was decriminalized in Chile in 1998 but no form of legal recognition for same-sex couples currently exists. Also, LGBTs are not explicitly protected by LGBT anti-discrimination legislation though may be covered under standard legal protections.Legal gender change recognition for trans people was affirmed as the result of a 2007 court case.


Related Reading:
Chilean President to Forward Parliament a Gay-Inclusive Civil Unions Bill
Chilean Group Calls For National Marriage Equality March
U.N. Approves Resolution Against Anti-Gay Discrimination

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Photo used under the Creative Commons Attribution License with thanks to alex-s.

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9 comments

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8:35AM PDT on Jul 15, 2011

It seems we are moving in the direction of equality, dignity and respect.

12:29PM PDT on Jul 14, 2011

It's a start, but keep pushing for the right thing, marriage.

7:18PM PDT on Jul 13, 2011

this is far from reality, i think in Chile (im chilean) would not be any possibility for gay marriage in this goverment and the goverment have to come, because our society is very "machista" and too much people say "yeah they hv right to legalize their unions" but all people thinks a marriage is just for man and woman...so yeah probably would be a bill for civil unions (same sex , different sex) so the bill is more for heterosexual couple then gay couples. for my point of view should be a bill at the end of this goverment.

3:44PM PDT on Jul 13, 2011

Good for them. Let's hope they are sincere.

3:29PM PDT on Jul 13, 2011

Verdaderamente, no sé cuantos "adeptos" tiene que tener una ley como ésta, para ser promulgada pero, a los chilenos NO se les ha preguntado nada.
Espero que el Presidente Piñera no se "ENSUCIE" las manos con ésto.
Las personas (gays, or whatever) han existido siempre. Porqué ahora quieren "derechos"?
Sr. Piñera---NO "pise el palito", pues quedará marcado en la historia de nuestro país.

8:02AM PDT on Jul 13, 2011

good article

5:15AM PDT on Jul 13, 2011

Thanks for the article. I hope the legislation succeeds.

4:55AM PDT on Jul 13, 2011

Thanks for the article.

6:33PM PDT on Jul 12, 2011

"the legislation has been criticized as mere lip-service from President Sebastian Pinera who had pledged to grant same-sex couples a legal status."

Sigh. Yeah, I know who else this sounds like.

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