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Brazil gives 'green light' to same-sex marriage

Brazil is the third and largest Latin American country to give a de facto green light to same-sex marriage.

BRAZIL HAS BECOME the third and largest Latin American country to give a de facto green light to same-sex marriage.

In a bold stride for the majority Roman Catholic nation, the National Council of Justice (NCJ), a panel which oversees Brazil’s legal system and is headed by the chief justice of the Supreme Court, said government offices that issue marriage licenses had no standing to reject gay couples.

“This is the equivalent of authorising same-sex marriage in Brazil,” said Raquel Pereira de Castro Araujo, head of the human rights committee of the Brazilian bar association.

Supreme Court Chief Justice Joaquim Barbosa explained that there was no reason for government marriage licensing offices to wait for Congress to pass a law on same-sex marriage before extending gays rights they legally already have.

Barbosa noted that the Supreme Court in 2011 recognised stable homosexual unions, ruling that the constitution guaranteed them the same rights as heterosexual couples.

“Are we going to require the approval of a new law by Congress to put into effect the ruling that already has been made by the Supreme Court? That would make no sense,” he said in comments quoted by the G1 news website.

The earlier Supreme Court decision “is binding” and should be followed by the lower courts, Barbosa stressed.

Congress

In Congress, a strong religious faction opposes same-sex marriage, and has not yet approved a law on same-sex marriage regulations. And the NCJ’s decisions are subject to appeal before the Supreme Court.

Lawmaker Marco Feliciano, also an evangelical Christian pastor, said his Social Christian Party would appeal the change in the high Court.

Since 2011 some offices have granted marriage licenses to gay couples and others have not. While some state courts have recognised same-sex marriages, the council’s ruling was the first to set out a national standard.

“The decision is timely and is the result of a long struggle of organized social movements,” said Marjori Machi, president of the Rio de Janeiro Association of Transvestite and Transsexual People (ASTRA-RIO).

This will reduce legal procedures and ensures more equality to Brazilian citizens. Before this there were first and second class citizens. Now all families will be respected.

Luiz Kignet, a family law specialist at PLKC Advogados in Sao Paulo, said a federal law on same-sex marriage does need to be on the books.

“The Court authority (NCJ) is not saying a (national, federal) law is not needed,” Kignet said. “But it is saying that same-sex marriage is constitutional even while the legislative body has not produced a law yet.”

- © AFP, 2013

Read: Northern Ireland Assembly votes against calls for same-sex marriage>

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    Mute Richard Keogh
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    May 12th 2022, 8:25 PM

    The videos released by the Palestinians, before they found out who was shot, show the terrorists celebrating hitting what they believe to be an IDF soldier (no IDF soldiers were injured) https://youtu.be/XjdNck5wTGA

    The Palestinians are refusing an independent joint autopsy which would show the calibre of the bullet that hit her and are refusing to provide the bullet casings

    Preponderance of evidence all points in one direction and it’s not Israel. Wouldn’t be the first time the terrorists killed innocents and tried to blame Israel. They’ve killed more in Gaza with their own misfiring missiles than Israel ever did.

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    Mute Fr. Fintan Stack
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    May 12th 2022, 9:14 PM

    @Richard Keogh: Yeah, Israel should investigate this, just like the Russians should investigate war crimes in Ukraine. An independent outside investigation not carried out by the Palestinians or Israel is what is needed. This is what the Palestinians, the EU and others have called for. But Israel and the US think Israel should investigate. Like all the other crimes “investigated” by Israel it would just be a whitewash until it’s forgotten about.

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    Mute John O Mahony
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    May 13th 2022, 1:28 AM

    Don’t hear our government condemning this

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