Brazil’s Top Court Approves Civil Unions
SAO PAULO (AP) - Brazil’s Supreme Court ruled Thursday night that civil unions between same-sex couples must be allowed in this nation with more Roman Catholics than any other.
In a 10-0 vote, with one abstention, the justices said gay couples deserve the same legal rights as heterosexual pairs when it comes to alimony, retirement benefits of a partner who dies, and inheritances, among other issues.
The ruling, however, stopped short of legalizing gay marriage. In Latin America, that is legal only in neighboring Argentina and in Mexico City.
Same-sex civil unions granting some rights to homosexual couples are legal in Uruguay and in some states of Mexico outside the capital. Colombia’s Constitutional Court has granted same-sex couples inheritance rights and allowed them to add their partners to health insurance plans.
Brazil’s ruling sets a judicial precedent that must be honored by all public institutions, including notary publics where civil unions must be registered.
"This is a historic moment for all Brazilians, not just homosexuals. This judgment will change everything for us in society - and for the better," said Marcelo Cerqueira with the gay rights group Grupo Gay da Bahia. "Gays, lesbians and transsexuals will be recognized as being more human. We’ll be more accepted by having our rights honored."
The request for the Supreme Court to recognize civil unions came two years ago from the Brazilian attorney general’s office, largely because legislation that would give same-sex couples the rights enjoyed by married heterosexual couples has been stalled in Congress for more than a decade.
Brazil’s constitution defines a "family entity" as "a stable union between a man and a woman." But the attorney general’s office argued the clause is only a definition and not a limitation, and thus the charter does not say a stable union can "only" be between a man and a woman.
The attorney general also argued that the constitution does not specifically forbid a civil union between people of the same sex - and that failing to recognize same-sex unions violates the charter’s defenses of human dignity and equality.