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“Non-Conforming” Woman: the Intersectionality of the Fight for Women's Rights and LGBTQ+ Rights in Argentin

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“Non-Conforming” Woman: the Intersectionality of the Fight for Women's Rights and LGBTQ+ Rights in Argentin Bucknell University Bucknell Digital Commons Honors Theses Student Theses Spring 2021 Rights for the “Non-Conforming” Woman: The Intersectionality of the Fight for Women’s Rights and LGBTQ+ Rights in Argentina Talia C. Housman Bucknell University, [email protected] Follow this and additional works at: https://digitalcommons.bucknell.edu/honors_theses Part of the Gender and Sexuality Commons, Legal Theory Commons, and the Sexuality and the Law Commons Recommended Citation Housman, Talia C., "Rights for the “Non-Conforming” Woman: The Intersectionality of the Fight for Women’s Rights and LGBTQ+ Rights in Argentina" (2021). Honors Theses. 582. https://digitalcommons.bucknell.edu/honors_theses/582 This Honors Thesis is brought to you for free and open access by the Student Theses at Bucknell Digital Commons. It has been accepted for inclusion in Honors Theses by an authorized administrator of Bucknell Digital Commons. For more information, please contact [email protected]. Rights for the “Non-Conforming” Woman: The Intersectionality of the Fight for Women’s Rights and LGBTQ+ Rights in Argentina By: Talia Housman A Proposal Submitted to the Honors Council For Honors in the Spanish Department April 7, 2021 Approved by: Adviser: ____________________________ Professor Fernando Blanco Second Evaluator in major: ____________________________ Professor Nick Jones Honors Council Representative ________________________ Professor Jennifer Kosmin Housman iv Acknowledgments: First and foremost, I would like to thank my advisors, Professor Fernando Blanco and Professor Nick Jones. Without their assistance with my many questions and dedicated involvement in every step and throughout the process, this paper would have never been accomplished. I would like to thank you very much for your support and understanding over this past year. I would also like to show gratitude to my Honors Council Reader, Professor Jennifer Kosmin for her help and consideration of my work. Professor Delsandro was my first Women and Gender studies professor at Bucknell University. Her teaching style and enthusiasm for the topic of gender made a strong impression on me and I have always carried positive memories of her class with me. She raised many previous points in our discussion and I hope that I have managed to address several of them here. In Fall 2019, I went to Argentina with SIT for a semester to study with many different academics and activists through the program. My time there was highly productive, and working with the activists was an extraordinary experience. Much of the personal experience presented through this work and the section concerning El Encuentro Nacional de Mujeres is owed to my time with this program. I would also like to thank María del Carmen who opened both her home and heart to me when I first arrived in the city of Buenos Aires. Getting through my honors thesis project required more than academic support, and I have many, many people to thank for listening to and, at times, having to tolerate me over the past three years. I cannot begin to express my gratitude and appreciation for their friendship. Margo Yancey, Emma James, and Lena Kleinberg have been unwavering in their personal and professional support during the time I spent at the program and at Bucknell University. For many memorable evenings out and in, I must thank everyone above as well as Melissa Farraher, Hailey Robinson, and Kailyn Carr. Most importantly, none of this could have happened without my family. To my parents Brad and Kijsa Housman and my brothers, Keaton and Taemin (Tate) – it would be an understatement to say that, as a family, we have experienced some ups and downs in the past years during my time at Bucknell University and through the pandemic. Every time I was ready to quit, you did not let me, and I am forever grateful. This work stands as a testament to your unconditional love and encouragement. Housman 1 Table of Contents Acknowledgments………………………………………………………………………...iv Abstract……………………………………………………………………………………2 Introduction………………………………………………………………………………..3 Background Historical Information…………………………………………………….....6 El Encuentro de Mujeres……………………………………………………………….....12 Thesis……………………………………………………………………………………...15 Feminist and Queer Theory…………………………………………………………….....17 Legal Theory……………………………………………………………………………....24 Familial Ideology………………………………………………………………………….30 Legal Achievements……………………………………………………………………....33 Transgender and Non-conforming Rights to Family………………………………….......37 Conclusion………………………………………………………………………………...46 Bibliography……………………………………………………………………………....50 Housman 2 Abstract: Argentina has faced many challenges throughout its history of activism as the people have pushed for an equal society. Different movements have sprung up over the years, but they have begun to twist together in recent times due to the need for support during repressive regimes. This brings into question the concept of intersectionality, which spans feminist, queer, and legal theory in its attempt to explain the need for overlap, modeling the natural development of personal identities and groups like family. The feminist movement and the LGBTQ+ movements have woven together in many rallies, especially during El Encuentro Nacional de Mujeres. In the feminist movement’s focus on reproductive rights, they have left out surrogacy rights and regulation, which is something that the LGBTQ+ community highly values and needs to form their version of family. Through personal experience of the activist scene in Argentina and qualitative research in theory and legal results, it is clear that surrogacy has been left out due to the different treatment of the interests of queer people. It shows that there is a stronghold over the government by the Catholic Church that prevents more equitable legislation that would greatly benefit the LGBTQ+ community in Argentina. The right to family should be protected no matter what considering its importance to full sexual citizenship. Surrogacy is a right that should be properly regulated in order to better protect the right to form a family for everyone equally, including gender non-conforming women and trans women. Housman 3 Introduction: Argentina is a beautiful South American country with a rich history, a productive present and a hopeful future. The people of Argentina have built a standing for human rights and a focus on civil rights, seen throughout their lengthy history, which has required change and movements toward a better future for all. Today, Argentina is a country that is lauded as a progressive dream for Latin America and is regularly making headway in comparison with North America and European countries. Two movements that have worked to make this possible are the women’s movement, and the LGBTQ+ movement. The women’s movement and women’s activism have had different focuses throughout history as rights have been achieved, but they have been a long-standing fixture in Argentinian culture. On the other hand, the LGBTQ+ community has not been able to hold onto the same level of visibility until recently, even though this has not meant the same for the acceptance of the movement. As a queer woman studying abroad in Argentina during the rule of the Macri government (2015-2019), I felt drawn to these two seemingly separate areas of activism. Before the activism that I engaged in while in Argentina, my personal experience was in community outreach in the United States that was primarily one-dimensional. This was the only exposure to activism that I had had, and I was surprised and extremely interested in exploring more. While in Argentina, I experienced firsthand the connection and intersectionality of the women’s movement and the LGBTQ+ movement as the basis of study. After attending what was originally known as el Encuentro Nacional de Mujeres in 2019 but has recently expanded to be called el Encuentro Nacional de Mujeres, Lesbianas, Trans, Travestis, y No Binarias, I began to wonder about the possible connection. The Encuentro is a combined effort of all the previously listed identities and Housman 4 works together to actualize their desires for a more equal society. These two communities have come together to support one another in separate but overlapping fights for justice, resulting in achievements for both. I think both are equally important and powerful, but the combination of the two is extraordinary and deserves to be studied. This combination is important, but it also highlights the areas that have been missed by the women’s movement that are very important to the LGBTQ+ community. In the United States, in past years, human rights organizations and communities have primarily stayed separate and have not expressed outward support in the form of inclusion and showing up for one another, and that makes Argentina’s achievements even more distinct. Sociology focuses on studying the complex system of societies and this relates heavily to the concepts of activism and change that are essential for progress within these groups. This certain study lends itself to evaluating the changes within a society and how it has continued to develop through accomplishments. Legal theory explains how to think about changing the laws and why the laws should change in order to accomplish more milestones. Many of the significant accomplishments and focuses that gain attention in Argentina are related to the ideals of family. The imagery of the green pañuelo from the Campaña Nacional por el Derecho al Aborto Legal, Seguro y Gratuito has become
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