LGBT Rights and Representation in Latin America and the Caribbean: The Influence of Structure, Movements, Institutions, and Culture Javier Corrales OUT TO WIN Javier Corrales Javier Corrales is the Dwight W. Morrow 1895 Corrales obtained his Ph.D. in political science Professor of Political Science at Amherst College from Harvard University. In 2005, he was chosen in Amherst, Massachusetts. to be a Fulbright Scholar in Caracas, Venezuela. Corrales’s research focuses on democratization In 2000, he became one of the youngest scholars and the political economy of development. His ever to be selected as a fellow at the Woodrow work on Latin America has concentrated on Wilson International Center for Scholars in presidential powers, political parties, economic Washington, D.C. reforms, international relations, and sexuality. Prepared in 2015 for the LGBT Representation Corrales serves on the editorial boards of Latin and Rights Initiative at the University of American Politics and Society and America’s North Carolina at Chapel Hill. Quarterly. He is co-author of The Promise of The author would like to thank Mary Byrne, Participation: Experiments in Participatory Dane Engelhart, Clara Yoon, and Abigail Xu for Governance in Honduras and Guatemala (Palgrave their research assistance. Macmillan 2013), U.S.-Venezuela Relations since The UNC LGBT Representation and Rights the 1990s: Coping with Midlevel Security Threats Research Initiative thanks Leah Elliott, Mary (Routledge 2013), and Dragon in the Tropics: Hugo Koenig, Sarah Pederson, Alison Evarts, and Chávez and the Political Economy of Revolution Alissandra Stoyan for their exceptional efforts in Venezuela (Brookings Institution Press 2011). in the preparation of this report. He is co-editor of The Politics of Sexuality in Latin America: A Reader on GLBT Rights (University of Photo Caption Pittsburgh Press 2010). In 2010, Corrales was appointed by Massachusetts Governor Deval Patrick to serve on the executive board of Mass Humanities, a grant-making organization affiliated with the National Endowment for the Humanities. He has also worked as a consultant for the World Bank, Photo Credits: Author photo by Rob Mattson. the United Nations, the Center for Global Cover photo: LGBT Pride Parade in Rio de Janeiro Development, Freedom House, and the American (2010) by alobos Life, flickr.com Academy of Arts and Sciences. 2 Table of Contents 4 Introduction 5 The Status of LGBT Rights and Representation in Latin America 9 The Income Argument 11 Social Movements, Queer Allies, and Network-Building 16 Institutions 23 Cultural Variables: Public Attitudes and Secularism Photo Caption 28 Conclusion 29 Appendix 1: LGBT Rights in Latin America and the Caribbean, 1999 & 2013 33 Appendix 2: Examples of Homophobia in Latin America and the Caribbean, 2012–2013 35 Appendix 3: Judicial Successes for the LGBT Movement 38 Bibliography 3 Introduction Outside of the North Atlantic, no region in the The conventional wisdom about the causes world has undergone more progress in expanding of social rights expansion, and for LGBT rights LGBT legal rights than Latin America. Some of the in particular, goes something like this: rights most advanced legislation and policies on LGBT are more likely to advance in high-income rights in the world, such as non-discrimination democracies (the modernization hypothesis), statutes, legalized same-sex marriage, expansion where social movements are abundant, strong, of health services for LGBT people, and pro-LGBT organized, and sufficiently networked (the social court rulings, have been established in Latin movement hypothesis), and where religion is American countries during the last ten years. This less influential in the daily life of majorities (the begs the question: What does Latin America’s securlarist or culturalist hypothesis). This paper will experience teach us about the conditions under argue that these propositions, for the most part, which rights in general, and LGBT rights in hold true, but they must become more nuanced particular, expand? to account for the experience of Latin America in the past ten years. In particular, institutional LGBT Conference in Bahia, Brazil (2011) One advantage of focusing on Latin America to factors, such as the role of alliances between Photo by Fotos GOVBA, flickr.com study questions of LGBT rights expansion is that movements and political groups, degree of party the region displays variation in outcomes. While competition, degree of federalism, and degree of rights have expanded in many countries and court assertiveness and progressiveness, should in many domains of the law across the region, supplement structural variables, such as income. they have also stagnated or even reversed in In addition, the notion of secularism needs to others. This variation in outcomes allows for incorporate a discussion of the different ways more careful evaluation of some of the most in which two branches of religion—mainstream important theoretical claims about the causes Catholicism and Evangelicalism—influence politics. of LGBT rights expansion. 4 Table 1: LGBT Rights in Latin America and the Caribbean, 1999 v. 2013 1999 2013 2013 # countries # countries # countries % of total % of total % of total Spanish- and All of Latin America Portuguese- and the Caribbean speaking • Next to decriminalization of homosexuality, the (n = 42) Only (n = 20) area of most improvement is anti-discrimination The Status of Decriminalization statutes and the right to serve in the military. (1) LGBT Rights and • Progress has been more modest on the 24 32 20 question of protection for gender identity. 57.1% 76.2% 100% Representation • Progress has been even more modest in the Civil Unions area of hate crime laws, rights and protections (2) One way to appreciate the magnitude of Latin for civil unions, and same-sex marriage. 1 6 6 2.4% 14.3% 30% America’s LGBT rights transformation is to look at However, considering that no country had these protections in 1999, the record so far, some of the standard legal benchmarks associated Marriage with LGBT rights. As a measure of the quality of especially with hate crime, is worthy of note. (3) LGBT life in the region, focusing on legal rights • Spanish- and Portuguese-speaking Latin 0 3 3 alone is admittedly incomplete and imperfect, as American countries (SPLA) are unquestionably in 0% 7.1% 15% it tells us little about enforcement policies, such the lead in the region. If one excludes non-SPLA Adoption as treatment by the police, education campaigns, countries, which are mostly small countries in (4) public health policies, and general attitudes the Caribbean, the record of progress is even 0 3 3 toward employment and housing. Yet, some of more impressive. The LGBT rights revolution is 0% 7.1% 15% these legal rights, however circumscribed, are clearly an Ibero-America phenomenon. hard to obtain worldwide and, in some countries, Military Service • Finally, progress coexists with lack of progress. (5) nonexistent. They are not trivial landmarks, and No domain achieves a perfect score. 13 24 14 most scholars agree that it is better to have them 30.9% 57.1% 70% than not. Thus, it is useful to focus on legal rights as one way to capture the evolution of LGBT rights Anti-Discrimination (6) in any given country. Table 1 Notes: (1) Same-Sex Sexual Activity Fully Decriminalized; (2) Same-Sex Relationships Legally Recognized; (3) Equal Rights of 4 16 14 Marriage Extended to Same-Sex Couples; (4) Homosexuals Enjoy Table 1 compares LGBT legal rights in 1999 and Same Rights to Adopt Children as Heterosexuals; (5) Homosexuals 9.5% 38.1% 70% Allowed to Serve in the Military; (6) Strong Legal Protections 2013 across a number of domains. These trends Against Discrimination Based on Sexual Orientation; (7) Strong Legal stand out: Protections Against Discrimination for Gender Identity, and (8) Hate Gender Identity Crimes Based on Sexual Orientation Considered an Aggravating (7) Circumstance. • Decriminalization of homosexuality, already 3 12 11 a strong current in the region by 1999, has Table 1 Sources: Calculated by author based on data from en.wikipedia. 7.1% 28.6% 55% org/wiki/LGBT_rights_by_country_or_territory; and old.ilga.org/ become even stronger. Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf Hate Crime (8) 0 7.5 7.5 0% 17.9% 37.5% 5 OUT IN OFFICE Despite the progress of LGBT rights in Latin America, examples of high-profile out LGBT politicians remain rare. However, the picture is slowly starting to improve. Photo by Congreso de la República del Perú de la República Congreso by Photo Perhaps the region’s standard-bearer is Argentina story of LGBT legal rights in the region is thus because it was such a pioneer (see Appendix 1). remarkable. This progress also contrasts with the In 2010, Argentina became the first country in situation in many African and Eastern European Latin America, the second in the Americas (after countries, where LGBT rights have receded Canada), and the second in the Global South recently, and in the Middle East and Asia, where (after South Africa) to legalize same-sex marriage there has been very little progress. and adoption rights for LGBT people. Then, in In terms of LGBT representation, the story is less 2012, also through Congressional action (Senate vote of 55-0), the Argentine government enacted impressive. Table 2 lists the number of publicly out one of the most progressive transgender laws politicians holding public office in Latin America as Peru: Carlos Bruce in the world. The law established public funding of 2014. There were only fifteen out national-level legislators in all of Latin America: in Argentina, Carlos Bruce (b. 1957) is the first national- for sex reassignment surgery, while virtually level politician to come out in Peru. A former eliminating the red tape for transgender persons to Aruba, Brazil, Chile, Colombia, Costa Rica, Ecuador, businessman and Minister of Housing, correct legal documents, such as driver’s licenses Mexico, and Peru.