Download the new Cubzh2/26/2024 Some Cubans opposed the referendum, arguing LGBT rights should be protected by the government without the need for a referendum. The proposal for a referendum was adopted. President Miguel Diaz-Canel, himself a supporter of same-sex marriage, proposed a referendum to allow Cuban voters to decide the issue. This language ended the explicit constitutional prohibition on same-sex marriage without actually legalizing it. In 2018, Cuba’s legislature approved a new constitution which defined marriage as “a social and legal institution” without specifying a requirement of “one man and one woman,” as the old family code did. While the 1975 Family Code guaranteed equal rights between men and women, it also explicitly prohibited same-sex marriage. In 1975, Cuba established a Family Code as part of the new post-revolutionary constitution. This civil code was modified several times after Spain lost colonial control of Cuba and was completely overhauled after the 1959 revolution.įollowing the revolution, Fidel Castro’s government persecuted Cuba’s gay population through police raids and sentencing to labor camps for periods of three years. The first major law governing family policy in Cuba was the Spanish Civil Code of 1889, which enshrined the second-class treatment of both women and “illegitimate” children. The success of the referendum has established Cuba as one of the most socially progressive countries in Latin America, if not the entire world. The complete draft of the 2022 Family Code contains 471 articles and is over 100 pages long. These amendments also included legalizing same-sex adoption, prohibiting corporal punishment, allowing for surrogate pregnancies, and generally creating more expansive definitions of “family” under the law. This referendum included a series of amendments to the “Family Code” of the Cuban Constitution. In September, a large majority of Cuban voters approved a referendum to legalize same-sex marriage.
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