Category Archives: Global: Marriage and Family
(abstract only below)
Juan Marco Vaggione, Sexual Rights and religion: Same-sex Marriage and Lawmakers’ Catholic Identity in Argentina, 65 University of Miami Law Review 935-954 (2011).
The legal regulation of marriage in Argentina has undergone reforms that, in a variety of ways, have dismantled religion’s influence over law. While these reforms reaffirm the centrality of marriage in the construction of the sexual order, they also redefine marriage, distancing it from the sacrament defended by the Catholic Church. In 1888, civil and religious marriages were distinguished from one another as part of a reform process in response to late-century secularist and liberal ideologies. 1 Church and State became, at least legally, autonomous with respect to marriage; while the latter regulated the civil contract, the Church only concerned itself with the celebration of the religious sacrament. However, the legal construction of marriage was, of course, substantiated by the religious doctrine. Almost a century later, in 1987, 2 the related Divorce Law was passed, 3 made possible largely by the recent restoration of democracy and the influence of women’s movements in the region. 4 The law distanced itself from religious sacrament by establishing the solubility of the bond as a constitutive part of the institution of marriage. Finally, in 2010, a new reform took place through which marriage was authorized between same-sex couples, 5 arising from a demand primarily promoted by the movement for sexual diversity. This reform broke from the principle of Catholic doctrine that the sexes are complementary and generated complete equality in marriage between partners of the same or opposite sexes.
- Posted: 10/18/2011
- Category: Global: Marriage and Family
- Tags: Country: Argentina, Docs: Legal Periodicals, Global: Marriage and Family, Global: Religious Liberty, Topic: Marriage