Cuba became the first Caribbean nation and the 32nd country in the world to achieve marriage equality, when a revised family code, which allows same-sex marriage, took effect on 27 September.
Same-sex marriage had been prohibited by the constitution of the Communist Party-governed island nation. LGBTQ+ people were even sent to labor camps for “re-education” during the early parts of the rule of Fidel Castro. But in May 2019, its government revealed plans to legalize it. A draft family code was approved by the National Assembly of People’s Power on 21 December 2021 and it went under public consultation until 6 June. It was approved by the Assembly on 22 July.
The code contains more than 400 articles and was met with vigorous resistance but it was approved by 66.9 percent or about two-thirds of Cuban voters in a referendum held on 25 September.
President Miguel Díaz-Canel signed the new code into law on 26 September, and it took effect upon publication in the Official Gazette the next day.
Aside from allowing same-sex couples to marry, the new law also allows them adopt children and allows surrogate pregnancies. Rights of grandparents in regard to grandchildren, protection of the elderly and measures against gender violence are also included in the code.
The measure was strongly supported by the niece of Fidel Castro and daughter of his brother Raul, who became president of Cuba, Mariela Castro, who is currently director of the National Center for Sex Education.
This development was celebrated by LGBTQ+ communities worldwide including those in the Philippines. Noted scriptwriter and poet Jerry Gracio wrote in his Facebook account, “Ang nakakamangha, hindi ang lehislatura ng Cuba ang nagpasa nito, kundi ang mismong taumbayan (What is amazing is that it was not the legislative body of Cuba that approved it but the Cubans themselves).”
“Ito ang pinaka-progresibong Family Code sa buong daigdig, na naglalayong wakasan ang sistemang patriyarkal — ang paghahari ng kalalakihan sa lahat ng aspekto ng pamilya. At nakakalungkot na ang layo layo layo pa ng lalakbayin natin (This is the most progressive Family Code in the world, which aims to end the patriarchal system — the rule of men in all aspects of the family. And it is sad that we have a very, very, very long way to go),” he added.
Gracio explained the code recognizes different types of families and redefines the concept of parental authority, giving importance to parental responsibility.
“Wala nang ‘awtoridad’ ang pamilya sa iba pang miyembro ng pamilya, dahil nagmumula ito sa sinaunang konsepto ng pater familia — ang nakatatanda (kadalasan, ama) ang may kapangyarihan sa asawa at mga anak. Sa bagong Code, ang tuon ay nasa responsibilidad at hindi sa awtoridad sa pamilya, upang protektahan ang interes ng mga babae at ng mga bata (The family has no more ‘authority’ over other members of the family because this originates from the old concept of pater familia — the elder [usually, the father] have power over the wife and children. In the new Code, the emphasis is on responsibility and not authority to protect the interest of women and children),” he said. “Kaya pantay ang domestikong responsibilidad sa bagong Code, sa lahat ng gender. Ginagarantiyahan ng bagong Code ang respeto at pangangalaga sa mga nakatatanda at sa mga may espesyal na pangangailangan. Sinisiguro sa bagong Code na hindi mawawalan ng hanapbuhay at pagkakakitaan ang mga nag-aalaga sa mga nakatatatanda at may espesyal na pangangailangan; na magkakaroon ng parte sa ari-arian ang caregiver na mag-aalaga sa mga nakatatanda (That is why domestic responsibility is equal on all genders in the new Code. The new Code guarantees respect and care for the elderly and those with special needs. The new Code ensures that the caregivers of the elderly and those with special needs will not lose their livelihoods, that they will have share in the property).”
He added that abortion is made legal “sa paniwalang walang karapatan ang mga lalaki na magdesisyon kung ano ang dapat gawin sa katawan ng kababaihan (in the belief that men have no right to decide what to do on women’s bodies).”
Reyna Valmores, chairperson of LGBTQ+ organization Bahaghari, congratulated the “Cuban people who have successfully achieved marriage equality, non-discriminatory adoption, and the assertion of marriage as a unit of love, regardless of gender.”
“The 2022 Cuban Family Code referendum is a testament to the power of collective will. It is the product of tireless struggle since the Cuban revolution to engage the public, challenge feudal laws and ideas, and build a new culture of equal rights, recognition, love, and dignity,” she said.
The transgender women activitst added, “Equality is possible in the Philippines, just as it has consistently been fought for in Cuba. We enjoin our fellow LGBTQ+ Filipinos to join us in the struggle for equality in civil and political rights for all.”
“A Philippines with marriage equality is possible — if we are willing to come together and fight for it,” she concluded.