UPDATE: A ruling by Brazil’s National Judiciary Council (CNJ) now means all notaries public (cartórios) throughout Brazil must “celebrate same-sex civil marriage”; those refusing to grant the marriage licences can be reported to the relevant state judiciary, who can take action against these individuals.
The State of Rio High Court, the Justiça, last week approved so-called “direct authorisation” of same-sex civil marriages, making Rio one of eleven states which have approved gay marriage in Brazil, including São Paulo and the Federal District.
However, there is uncertainty over whether judges in certain areas of Rio state, particularly in the capital itself, will give permission to such marriages.
Judge Valmir de Oliveira Silva, Magistrate General of Rio State High Court, who presided over the change, told Agência Brasil news agency that the revision was now in force, and that same-sex couples would no longer need to first have a stable union (união estável) to convert to a civil marriage, which is already possible.
While notaries public (cartórios) across the state should now allow same-sex couples to apply for civil marriages, the state will likely see divisions over which judges authorise them: in Rio city itself, judges have argued against such authorisations.
However judges in other districts, such as São Gonçalo, Petrópolis and Teresópolis, are said to be in favour, and notaries public would probably no longer have to submit each request to the judge, in line with general practice with heterosexual marriages. If no challenge to the marriage is made within fifteen days of publication, the couple is considered married.
Previous calls from Brazil’s Supreme Court for judges to allow stable unions to be converted into civil marriages have been disputed by Rio judges, citing the Constitution’s definition of marriage as between a man and a woman; those in favour, however, point to clauses in the Constitution on equality before the law.
Cláudio Nascimento, coordinator of the state’s Rio Sem Homofobia (Rio Without Homophobia) program, described the approval as “a step forward that we should celebrate.” But others slammed the fact that marriage licences would depend on the local judge’s take on the law, meaning clients in one area of Rio would be successful, whereas others would be refused – simply based on address.
However, others have condemned the move – either from an anti-gay marriage point of view, or from more militant gay activists, such as deputy Jean Wyllys, who attacked the decision as one of “absurd inequality,” which had “missed a historic opportunity” to grant true equality to those members of the LGBT community who want to enter into a civil marriage.
Read the full article on The Rio Times website.