Home » News » 5 years of the regulation of same-sex marriage in Brazil: what has changed?

5 years of the regulation of same-sex marriage in Brazil: what has changed?

five years ago the day May 14th represent to the community LGBTQ+ Brazilian, much more than any date on the calendar. Since then, in 2013, the same-sex marriage finally came into force in Brazil, even allowing the conversion of a stable union into a civil one.

While heterosexual couples have enjoyed this right basically since the world began, civil laws for same-sex couples only changed after the National Council of Justice (CNJ) published Resolution No. 175. In it, it was established that same-sex couples would have the right to civil marriage, and that notaries and judges would be strictly prohibited from refusing to register any such union.

Until 2011, however, LGBTQ+ couples had no right to marry – by law, the idea of ​​family only contemplated relationships between men and women. Over time, and with the help of some advances and social struggles, this slowly changed. That same year, thanks to the recognition of the Federal Court of Justice (STF), people of the same sex who wanted to get married could, in principle, live in a stable union. Even so, many notaries, due to the lack of official regulation, ended up denying any obligation, and refusing to recognize the regime as legitimate.

In practice, stable union and civil marriage – whether homo or heteroaffective – have some specific differences: although both have as their main objective the constitution of a family based on coexistence, factors such as the division of assets, status in society and the possibility whether or not to rely on the partner’s inheritance after death, change according to the type of relationship chosen by each couple.

According to the most recent data from the CNJ, since the regulation, at least 15,000 same-sex marriages were performed in Brazil until last year. Among them are those of Mariane and Alexandra🇧🇷 Bia and Natalie and Anna and Vaniawhich tell the MofWoman because they opted for a “traditional” marriage and everything that the change in the law represented for them.

a political act

Mariane Gutierrez says he met his current wife, Alessandra, in 2012, the same year they started dating. About a year after the beginning of the relationship, the two moved in together and, shortly thereafter, the regulation of same-sex marriages was consolidated in Brazil.

The decision to marry happened naturally and gradually, with the right to a big party and without major difficulties. In 2016, with the help of a justice of the peace who, at the time, was very active in relation to LGBT laws, the two formalized the union. For them, getting married was also a political act:

“We decided to sign this contract, precisely because marriage has been legalized, because we understand the importance of this law, the importance of society looking at same-sex marriage the same way it looks at heteronormative marriage. We believe that marriage, really, is what you experience on a day-to-day basis, much more than a contract. But we are still at such a late stage, right? That I think it is very fundamental that we can sign, so that we enter the statistics, and really put same-sex unions in the same place as all the others, for several other social rights”, explains Mari.

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Since getting married, for Mari, the main changes revolve around the bureaucracies, which have become a little less complicated. For example: “Sometimes you’ll fill out a form and, cool, I might put ‘married’. I recently changed my health plan, and joined as Alê’s spouse. We are in the adoption queue, and our place in the queue does not change at all because we are married, but for us it made sense to be married when entering this process ”, she lists.

Mari reflects and concludes that, if she had a relationship with a man, maybe she wouldn’t consider marriage on paper something so necessary. In turn, being happily married to a woman, in her words, is a source of great pride, as it guaranteed that she and Alessandra were an integral part of the fight for equal rights – which still has a long way to go.

Fight for basic rights

the HR manager Bia Rosito met Nathalie Robyn, director of operations, in 2007, through a common colleague. At the time, Bia, who was dating a man, had never thought about having a relationship with another woman – but the two ended up building a friendship that, over time, evolved: “For me it was very natural, I didn’t have that crisis of: ‘and now, I’m gay! – I realized that the issue of gender didn’t really matter, I had fallen in love with someone who happened to be a woman”, says Bia, who has been officially married to Nathalie since 2013.

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Even before same-sex marriage was legalized, Nathalie had already asked for Bia’s hand, which she obviously accepted. The two, at first, would only make a stable union contract, but changed plans as soon as the law was passed, while planning the party. They went to the registry office and stood out as the first lesbian couple in the region to request marriage – despite the surprise for some employees, the process was smooth. Afterwards, they celebrated with family and friends at the home of the mother of a friend of the couple, in an intimate ceremony.

Bia clarifies that, by having the union recognized by the law, several basic rights are guaranteed to the homoaffective couple: “We wanted to formalize the construction of our family, we wanted to be able to have the same support as a heterosexual couple. The importance of this is that you move towards a more egalitarian society: my wife has to have access to my assets, in case something happens to me. Nobody wants to think about that kind of thing, but when you’re part of a minority, you have to think about how you fit into society,” she explains.

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But it was after they decided to have children that the marriage factor had a much greater weight in the lives of Bia and Nathalie: “We got pregnant with twins in December 2014 and, shortly after the birth of the boys, Antonio and Daniel, who were born prematurely (32 weeks ), Antonio acquired a disease called Necrotizing Enterocolitis. Due to this condition, he lost practically all of his intestines, and was unable to leave the hospital. We managed to register the boys in our two names, but not without running into some difficulty. In the end, we were only able to register because we were married. Nathalie had the best health insurance, and I had to stop working. We were able to include the boys on her insurance, as they were legally her children. Antonio lived for 10 months, with the best treatment he could have received given his conditions – this was possible because we had the support of the law, which guaranteed his rights as our son”, reports Bia.

For her, the main change that came with legalization has to do with the fact that society has shown great progress so far, as the measure has made some people feel more secure in relation to their own sexuality:

“The more our families are exposed, along with heterosexual families, who feel pain, laugh, cry and celebrate together, the more natural acceptance by society. Today we have Daniel, and we want him to be proud of his family, of his history. He has two mothers, and this is seen naturally by the children. Love is natural, and it should always be celebrated, regardless of any other factor”, says the message.

partnership for life

the businesswomen Anna Nogueira and vania ferrari, who today are partners in a training company, could not meet anywhere other than at work. The two crossed paths more than ten years ago, when they began to exchange ideas, plans and laughs during working hours. Although the relationship didn’t take long to start, while Vania, fourteen years older than Anna, had already come out as a lesbian both in the professional environment and in the family, that was Anna’s first experience with another woman – which generated some doubts and certain fear on the part of the family, resistant for some period. But the relationship lasted so long that it resulted in marriage, with the right to a civil and religious ceremony, in 2014.

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“Ten years later, we hardly remember this part of the story, because Anna’s family are the first to introduce us as ‘wife and wife’, and our weekends always include good times between all of us. Today the two families travel together, celebrate together and always make us happy for accepting us unconditionally”, updates Vania.

Vania says that, although the religious ceremony was emotional and personalized, bringing tears to the guests – since, for them, having God’s blessing at that moment was essential – the civil wedding was somewhat traumatic:

“The justice of the peace could not adapt her old text, exclusively for heterosexual couples, to a homoaffective marriage. The whole time she referred to us as ‘engaged’, which we repeatedly tried to correct without success. It was embarrassing and sad, as she was clearly not prepared for this change in law. We were one of the first brides at the registry office,” she laments.

She recognizes the importance of marriage, especially gay marriage, as a milestone in any relationship, an official belief in values ​​such as family and love: “I remember that, when I was a girl, when I understood my condition, I thought I would never have love public or get married. I assumed, as a young man, that this would never happen to me. It made my suffering worse, going to the weddings of friends and girlfriends, hearing from the priest that only unions between men and women were correct and that there was no other form of love. But with the law that changed, in my mind and that of many people. The natural consequence of disclosing our marriage was the search for many young people and adults, wanting to better understand our orientation and our path, ”she says.

Vania sees the change in the law as a gain for the entire LGBTQ+ community, so that its individuals can, little by little, come out of invisibility, assuming the role of ordinary citizens:

“There is still a long way to go for us to fully enjoy this legal right. We are very happy, but we know that it is our responsibility to help other families to be happy too. Today our life is an open book, precisely because we want to help everyone in the LGBTQ+ community to accept themselves (in the first place, as there is a lot of resistance to exposure and acceptance of those who live this reality) and to seek their civil rights. We need to occupy public spaces and live freely without fear of physical and verbal violence. We need to be aware that homophobia is a crime and that it needs to be punished, so we need the courage to denounce any act of prejudice”, he concludes.

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