[Marxism] Law giving gay couples equal rights is gaining ground in Cuba debate

["Fred Feldman" <ffeldman@xxxxxxxxxxxxxxxx>]

CUBA: Proposed Reform Would Give Gay Couples Equal Rights By Dalia Acosta

http://www.ipsnews.net/news.asp?idnews=38196 

HAVANA, Jun 15 (IPS) - Cuba could become the first Caribbean island nation
to recognise the civil and inheritance rights of gay and lesbian couples, if
a proposed reform of the Family Code is approved. 

"I can't guarantee that it will reach parliament this year," said sexologist
Mariela Castro, director of the governmental National Centre for Sex
Education (CENESEX). "That is our hope, but it does not depend on us, and of
course, it is facing a great deal of resistance," she told IPS. 

Opponents of the measure set forth arguments like "Cuban society is not
prepared" or "this is not the right time." Castro, meanwhile, recognises
that "laws by themselves are not sufficient to bring about real change,"
although they are indispensable for the design of public policies. 

Drawn up by the non-governmental Federation of Cuban Women (FMC) with
support from CENESEX, the draft reform of the Family Code has been presented
to the Political Bureau, the highest body of the ruling Communist Party. "We
are waiting for approval in order to introduce it to parliament as a draft
law," said Castro. 

The proposal would give homosexual couples the same civil and inheritance
rights as heterosexual couples. However, it does not mention gay marriage,
because a change of that magnitude would require a lengthy process of
reforming the constitution, which was last amended in 1992. 

"That proposal will be made when the time is ripe. For now, it is sufficient
to reform the Family Code, which is recognised as a branch of Cuban law,"
said Castro, who is the niece of Raúl Castro, acting president while his
brother Fidel convalesces from a series of intestinal operations. 

Article 36 of the Cuban constitution rules out the possibility of homosexual
marriage by establishing that "marriage is the voluntary union between a man
and a woman." 

But Cuban laws give married couples the same rights as common law couples
who are not linked by any legal contract, and grant the same rights to
children whether they are born within or outside of matrimony, to married,
cohabiting, separated or divorced couples, or to single mothers. 

"The political will exists to eliminate all forms of discrimination in our
laws," said Castro during a presentation of the proposed reform on the last
day of the Fifth International Congress on Culture and Development, held
Jun. 11-14 in Havana. The theme of the conference, which drew some 600
people from 60 countries, was "defence of cultural diversity." 

Abelardo Estorino, Cuba's foremost living playwright, told IPS that he was
surprised by how advanced the proposal is and how fast Cuba is catching up
to the relatively small group of countries that recognise the rights of
homosexual couples. 

In Latin America and the Caribbean, laws on gay rights have only been
approved in Mexico, Argentina and Brazil, while draft laws are under
consideration in Colombia, Costa Rica, Chile and Uruguay. 

And in the Caribbean, there are countries like Jamaica that still have laws
on the books that severely punish homosexual relations. 

In Cuba, "ostentatious public displays of homosexuality" were illegal for
decades, as were "bothering" other people with homosexual requests or
proposals and displays of homosexuality "in public or in private places
exposed to being involuntarily seen by other people." 

After the triumph of the Cuban revolution in 1959, hundreds of homosexuals
were among those placed in the Military Units to Aid Production (UMAPs) --
forced labour camps in the countryside -- in the 1960s. 

And until the early 1980s, homosexuality was viewed as a form of deviation
incompatible with the Cuban revolution, and sufficient grounds for exclusion
from university studies or job positions demanding high degrees of trust. 

But experts say that the 1997 reform of the penal code "purged" all
homophobic measures from Cuban legislation. 

The Family Code, which was originally approved in 1975 and submitted to a
review process by the FMC since about 15 years ago, would now stipulate that
the family has the responsibility and duty to accept and care for all of its
members, regardless of their gender identity or sexual orientation. 

If the initiative is approved, gay and lesbian couples would enjoy the same
civil, patrimonial, inheritance, housing and adoption rights as heterosexual
couples. 

Norma Guillard, an expert involved in the work of a group of lesbians in
CENESEX, told IPS that the reform would also recognise the right of any
woman to assisted reproduction services, which are currently limited to
married couples. 

Mentioning major advances that have been made, Castro said that even though
the proposed reform has not yet been introduced to parliament, CENESEX has
already begun to work with the Public Health Ministry to help three lesbian
couples gain access to assisted reproduction services. 

Over the past few years, Cuban state-run television has begun to open up to
the issue of sexual diversity. For the first time, it broadcast this year
the 1993 Oscar-nominated film "Strawberry and Chocolate", whose main story
line revolves around the friendship between a gay man and a young Communist
militant. 

However, Castro said that "unfortunately, very little" support has been
received from the local media, a state monopoly. 

With regard to the need for the debate to transcend the limits of a cultural
congress, specialised publications or academic circles, journalist and
writer Jaime Sarusky, a National Literature Prize-winner, told IPS that "the
important thing is how to get all of this to the people." 

The FMC-CENESEX proposal would reform several laws, and would be somewhat
complementary to the national strategy to address the needs of
transvestites, transsexuals and trans-gender persons, promoted by CENESEX
since late 2004. 

The strategy, "which is already being put into effect," as Castro revealed
to IPS, has helped to get transvestites and transsexuals accepted into
secondary school or institutions of higher learning and has involved
awareness-raising efforts among the police. 

In addition, gender reassignment operations will begin to be carried out.
Only one such surgery was performed in Cuba, in 1989. 

"Nearly everything is ready," said Castro. "An internal Public Health
Ministry regulation has authorised the performance of this surgery by the
specialised health services, and work has been carried out in training staff
and acquiring technology, medical supplies and prosthetics." 

The operations may begin this year, she said. The applicants are among a
group of 24 transsexuals who have received support from CENESEX since 1979
and who in many cases have already had their names changed on their identity
documents. Around 40 other cases are also being studied. 

The question of gay and lesbian adoption is the aspect that has run into the
heaviest opposition. It was the focus of a debate Thursday in the
International Congress on Culture and Development. "We have inherited a
model of a patriarchal family, and are unable to break with that model, but
we have to," argued Castro. (END/2007) 


Send your comments to the editor




________________________________________________
YOU MUST clip all extraneous text before replying to a message.
Send list submissions to: Marxism@xxxxxxxxxxxxxxxxxxx
Set your options at: http://lists.econ.utah.edu/mailman/listinfo/marxism