Brazil: The Supreme Court Has Authorized the First Civil Homosexual Marriage

Sergio Cabral.

The Catholic Church in Brazil expressed its concern at the decision of the Superior Tribunal of Justice (STJ) – the Supreme Court – that has, for the first time in the history of the country, authorized the civil marriage of two women.

Four of the five judges pronounced themselves in favor of the authorization of this “marriage” between two women of the State of Rio Grande, who have been living together for 5 years.  The only judge who opposed it has pointed out that such a decision could be overturned by the Federal Supreme Court (STF), which treats fundamental judicial questions.

The case was handed over to the Superior Tribunal of Justice after an inferior court had forbidden the union.  Such judgements made by the State tribunals are not rare, but the Church fears that this first authorization of the Supreme Appeals Court could set a legal precedent in Brazil where, unlike Argentina, “homosexual marriage” is not legal.

This judgement is not unrelated to the Supreme Court’s decision on May 5, to recognize the civil union of stable homosexual couples.  The decision was unanimously adopted by the ten judges, announced the Court’s President, Cezar Pelluzo,  in spite of the Catholic Church’s fierce opposition.  “In the absence of a law regulating the marriage of homosexuals, the recognition of civil union by the Supreme Court was the best we could hope for,” Judge Maria Berenice Dias had declared to the AFP.  The request for recognition of civil union for homosexuals came from the governor of Rio de Janeiro, Sergio Cabral, who wished to give the same rights to all his officers, and from the Prosecutor General of the Republic, Roberto Gurgel. (sources: apic/kna/afp – DICI#244, Nov 11, 2011)

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