Brazil's Top Appeals Court Upholds Gay Marriage

BRASILIA, Brazil -- Brazil's top appeals court has ruled that two women can legally be married.

It's the highest court in Brazil to uphold a gay marriage.

In June, a state court judge ruled that two men could legally change their civil union into a full marriage.

It was in May that Brazil's Supreme Court ruled that gay civil unions could be recognized. But the top court stopped short of recognizing full marriages.

Since then, several couples have petitioned to have their civil unions recognized as full marriages. Some of those have been approved at lower courts, others blocked.

Tuesday's ruling by the Supreme Appeals Court overturned two lower court's ruling against the women.

In Latin America, gay marriage is legal in Argentina and Mexico City.

Comments

[jacobisrael]

12:24 PM on 11/15/2011

• Six states define marriage as a union between a man and woman and deny recognition of same-sex marriages solemnized in other states. These states are Alaska, Florida, Indiana, Nebraska, South Dakota, and West Virginia
• Four states deny recognition of same-sex marriages solemnized in other states and make such marriages a violation of public policy. These states are Idaho, Louisiana, Montana, and South Carolina
• Three states-Colorado, Kansas, and Tennessee-define marriage as a legal union between a man and women and make same-sex marriage a violation of public policy
• The 15 remaining states have laws that contain only one provision rather than a combination of those discussed above
• Only three of the 37 DOMA states use the federal definition of a "spouse" as a member of the opposite sex who is legally married as husband or wife. These states are Florida, North Dakota, and Texas

http://www.cga.ct.gov/2002/olrdata/jud/rpt/2002-R-0957.htm

The three justices (Ternus, Baker, and Streit) who ruled against we the people of Iowa in their overwhelming public mandate to outlaw gay marriage were just removed by we the people of Iowa, just as we the people of California will soon remove Judge Roberts who ruled against TWO overwhelming public mandates from us.

[jacobisrael]

12:24 PM on 11/15/2011

• 85% of Mississippi voters amend state constitution in 2001
• 76% of Texas voters pass Proposition 2
• 71.6% of Kentucky voters amend state constitution
• 70% of Nebraska voters amend state constitution with Initiative 416
• 69.4% of Nevada voters amend state constitution
• 68% of Alaska’s voters amend state constitution
• 66% of Hawaii legislators amend state constitution, 69% of voters endorsed that amendment
• 61.4% of California voters pass Proposition 22 on March 7, 2000, then again 53% pass Proposition 8 in November 2009
• 57% of Oregon voters reject the National Gay and Lesbian Task Force and amend their state constitution
• 53.4% of Colorado Voters amend state constitution on November 3, 1993
• Oklahoman voters made it a crime for a public official to issue gay marriage licenses
• FEDERAL DOMA law passed on September 21, 1996 ends gay marriage
• “Voters in Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah all approved anti-same-sex marriage amendments by double-digit margins”, per CNN
• “Focus On the Family” reported that 35 states had already passed DOMA laws prior to California voters passing Proposition 8 in a landslide victory, making that 36 states
• Voters in Maine and Washington reject their legislator’s initiatives to recognize gay marriage
• 40% of Canadian voters want to recognize gay marriage
• Seven states have laws that define marriage as a legal union between a man and woman

[Jacques1]

04:44 PM on 10/26/2011

So, are all those judges on the Brazilian Supreme Court going to be excommunicated by their archbishop or the pope, or is the RCC going to cave on this? Stay tuned.

[truth be told again]

09:47 PM on 10/26/2011

The RCC doesn't govern Brazil. Equality will be the law of the land REGARDLESS of prejudices of the Vatican.

[BLMer]

04:19 PM on 10/26/2011

It seems the puritan christians that came to American many years ago haven't evolved and now seem to have skipped a few generations and reappreared to find that the world is quickly passing them by.

[Ioan Lightoller]

01:24 AM on 10/29/2011

Fanned and faved. It can't pss them by quickly enough for me.

[onnozol]

01:25 AM on 10/29/2011

We should make them wear those hats so we can identify them. The ones with the big buckles on the front.

[floridaviolinist]

03:59 PM on 10/26/2011

I would really like to know what the Vatican thinks about their crumbling empire. Their last major culture war, is now gay marriage, and they're losing all their most ardent followers:

Spain
Portugal
now Brazil
Argentina
Canada
France (although I think it's just civil unions there)
and hopefully America one of these days

whatever will they do now?

[jacobisrael]

03:45 PM on 11/16/2011

These are all Catholic countires. And it's the mostly Catholic states which have legalized gay marriage, as 33 states, the ones with the least percent of Catholics, which have passed DOMA laws.

While the RCC pretends to oppose gay marriage, it's THEY who are spearheading it. The first time I heard this was before the gay priest scandal, at a time when I was looking into converting from Episcopalean to Catholic, in Ireland, from Irish CATHOLICS. I ignored it then, but needless to say, they were 100% right.

[jacobisrael]

04:06 PM on 11/19/2011

"The RCC doesn't govern Brazil. Equality will be the law of the land REGARDLESS of prejudices of the Vatican. "
There are FAR more Catholics in Brazil than in ANY other country in the world, three TIMES as many as in Italy. While the RCC says one thing, they DO another. It might appear to you that the RCC opposes gay marriage, but it's ONLY where there's a high percentage of Catholics (both states and countries) where gay marriage is legalized. The dust hadn't even settled on the gay priest scandal which almost (and might still) bankrupted the RCC when the five states with the highest percentage of Catholics legalized gay marriage. Exactly how smart do you think that is?

85% of the voters in the LEAST Catholic state, MIssissippi, AMENDED their state constitution to prevent it. The American Revolution was fought over precisely this problem: the IMPOSSIBILITY of Protestants and Catholics both having free exercise of religion under the same justice system.

[HomeGrower]

02:47 PM on 10/26/2011

Funny how the religion bashers are on here blaming Christians for US's reason not to recognize gay marriage. I'm fairly certain Brazil is mostly Catholic, yet they seem to be on the way to legalizing it.

[truth be told again]

03:47 PM on 10/26/2011

The "religion bashers" here are only 'bashing' (not my choice of word - REFUTING would be a better choice) US "Christians" - because it is US "Christians" who are fighting equality (aka the Constitution) in the US. Plus, the vast majority of Catholic lay persons support equality and disagree with the official tenets the Vatican would prefer they believe. Believe me, in every country that has had this debate, the RCC bishops speak loudly against equality.

Brazil has actual separation of Church and State. The US has it only on paper, not in actual practice. And therein lies the difference.

[Raniee]

07:04 PM on 10/26/2011

You have no idea how religious people makes our lives a living hell here in Brazil, so don't talk about things you don't know.

[Ioan Lightoller]

01:25 AM on 10/29/2011

I can well believe that. Religious types tend to make GLBT lives a living hell everywhere.

[chgcarolyn]

01:28 PM on 10/26/2011

I don't care if gays get married. That cake looks good, though.

[zamorasbd]

12:10 PM on 10/26/2011

we are SO far behind here..not just in basic human rights, but in science..THINKING..religion, wow...we need freedom FROM it!

[ms04121966]

01:11 PM on 10/26/2011

Freedom FROM making any choice that suits you is an end to freedom FOR anybody/anything.

[HomeGrower]

02:38 PM on 10/26/2011

You say we need freedom from religion.....I'm sure I'll corrected if I'm wrong...but...I beleive Brazil is more Catholic/Christian than the US.

[truth be told again]

03:47 PM on 10/26/2011

Brazil has actual separation of Church and State. The US has it only on paper, not in actual practice. And therein lies the difference­.

[Silvio Frazao Costa]

04:02 PM on 10/26/2011

Yes as a Brazilian I can attest to that. However, although a very "macho' country it's not as hypocrite as the US. I can say that because I was born in Brazil and I live in the US for many many years. I have both countries in my heart and being a gay man, I get disappointed of how far behind we are from being a country that accepts homosexuals. The US loves to flag human rights all over the world, however in our backyard ....

[rickcaron]

11:55 AM on 10/26/2011

Of course the age of legal sexual consent in Brazil is Fourteen. Go "progressives"!

[I Kidd]

12:03 PM on 10/26/2011

Well any legal age of consent existed to prior to this so it would have been set to accommodate the heterosexual majority it certainly had nothing to do with same gender marriage.

[BamaRainbow]

01:26 PM on 10/26/2011

And your point would be..........? In the USA, most states allow marriage between people as young as 16 with parental permission (in fact, the State of New Hampshire allows marriage for males as young as 14 and females as young as 13 in cases of "special causes" with parental consent and court permission) and in the majority of those states, the age of consent matches the legal minimum for marriage. (Special note: In Texas, the age of consent is 17, and the normal minimum marriage age is 18 BUT it's as low as14 with parental or judicial consent. So, a 15 year old hetero couple are technically breaking the law if they're having sex, but if they want to get married, all they need to do is go to a judge and get his consent.)

[HomeGrower]

02:42 PM on 10/26/2011

Marriage and just having sex....big difference.

[Contact1972]

11:55 AM on 10/26/2011

On marriage equality the US seems to be a broken down SUV on the highway while hybrids zip past us. Yesterday it was Denmark, today it's Brazil. Land of the free, home of the brave? I guess that doesn't apply if you're GLBT.

[truth be told again]

03:51 PM on 10/26/2011

Very perceptive.

[SparkyD]

11:30 AM on 10/26/2011

For the life of me, I cannot understand why people get their knickers in such a twist about gay marriage. If you don't want to marry someone of the same sex, then by all means, don't. But....keep your noses out of the business of those who do and let them get on with their married lives. It is downright embarrasing for a country like ours to be held hostage by splinter groups of bible thumpers.

[hman570]

11:25 AM on 10/26/2011

Only America and its Bible beatter will keep this from happening in America. I though that politicians put there opnions on hold and worked for all the people not just some of the people?? Or is this a Republican thing??

[worldshutyourmouth]

12:55 PM on 10/26/2011

I don't see why the Bible has anything to do with it. Most Brasilians are Christians.

[sparkybrown7877]

03:10 PM on 10/26/2011

YES! Big catholic country, you are absolutely right!

[truth be told again]

03:57 PM on 10/26/2011

YOU may not "see why the Bible has anything to do with it", but remember, it's the Bible-thumpers that want their 'religious' beliefs enshrined into laws - in the US. This, of course, would be in direct contradiction to the Constitution, establishing their 'religion' over any other, in what is supposed to be a secular country.

Maybe you missed the part of hman570's post that began, "Only America and its Bible beatter will keep this from happening in America." He's relating how behind America is on the topic, and reminding US politicians that they must represent ALL their constituents. Brazil was just a stepping stone to relate what's happening there to what the "Bible beatter[s]" wish to prevent happening here.

You're welcome.

[truth be told again]

03:52 PM on 10/26/2011

It's a republican thing - largely. And the 'religious' frightwingnuterati.

[invmartyc]

11:20 AM on 10/26/2011

Good thing that they are not a "Christian" country................what? They are mostly Catholics? What is the American Christian-bans going to do about this?

[truth be told again]

10:39 AM on 10/26/2011

Catch UP, America!

[Contact1972]

11:56 AM on 10/26/2011

X 10000

[zamorasbd]

12:10 PM on 10/26/2011

amen

[mira chancleta]

10:10 AM on 10/26/2011

Wow and to think we in the US have the audacity to look down our noses at Latin Americans as if we were standing on some moral high ground.

BRAVO Brazil...You make me proud to be human!!!