LGBT rights in Puerto Rico
Encyclopedia
Lesbian, gay, bisexual, transgender (LGBT) persons in Puerto Rico face some legal issues. Public discussion and debate about sexual orientation
and gender identity
issues have increased, and some legal changes have been made. Currently, both supporters and opponents of legislation protecting the rights of LGBT persons can be found in either of the major political parties. Public opposition still exists due, in large part, to the strong influence of the Roman Catholic Church and socially conservative Protestants. However, Puerto Rico's status as a United States commonwealth has a great influence over legal rights of LGBT citizens, as the U.S Supreme Court has the ability to overturn Puerto Rican laws that the court finds unconstitutional.
The bill was referred to Puerto Rico's Senate, and discussions in that Chamber started 18 December 2009. The Senate Committees for Labor & Human Resources, and for Civil Matters, are both reviewing the measure. Governor Luis Fortuño (a member of the island's New Progressive Party and affiliated with the mainland Republican Party
) has indicated that the law needs to state exemptions for organizations that object to homosexuality on the grounds of beliefs.
The President of Puerto Rico's Senate, Thomas Rivera Schatz
, has been a vocal opponent of legislation protecting LGBT rights. In early April 2010, he stated on the Senate floor that Project 1725 would not be approved by the Senate. However, there have been no Senate hearings yet on the measure, and no public hearings have yet been scheduled to discuss the bill.
Puerto Rico is also covered by U.S. federal law, most notably the Matthew Shepard Act
, pertaining to hate crimes, which was recently amended to include sexual orientation and transgender persons as protected categories.
In addition to these developments, there are portions of the proposed revised Civil Code for Puerto Rico currently being reviewed by both Houses of the Legislature that impact LGBT residents. There is a proposal to insert into the Civil Code a provision to allow post-operative transsexuals to change the gender noted on their birth certificates. On the other hand, there is concern that some proposed clauses that invalidate so-called common law marriages may actually result in the reduction of rights (for example hospital visitations) for same-sex couples. It is significant that Puerto Rico's Roman Catholic Archbishop has proposed a concept called "shared residency" (residencia compartida) that would allow same sex couples hospital visitation rights and inheritance and insurance rights as well. However, the discussions surrounding these proposals have included demands by some conservatives that the Constitution be amended to forbid same sex marriages or civil unions.
was not unconstitutional. In 2003, however, the U.S. Supreme Court
declared unconstitutional all state and territorial statutes penalizing consensual sodomy, including Puerto Rico's, in the case Lawrence v. Texas
.
This prompted opponents of the anti-gay law to focus their efforts to persuade lawmakers the change the law, which they did in 2005. Same-sex relations between consenting adults were officially legalized with the approval of the new Penal Code in 2005.
has been the responsibility of the U.S. military, pursuant to the Treaty of Paris (1898)
under which Spain ceded Puerto Rico to the United States. The U.S. military formerly had a "don't ask, don't tell
" (or DADT for short) policy regarding LGBT
service members, and this presumably applied to the island's National Guard
as well. The law was repealed by the U.S. Congress in December 2010, and on 22 September 2011 finally was phased out completely.
benefits. Better known as resolución 99 (resolution 99), the constitutional amendment was not approved by the Commonwealth's House of Representatives, after the legislative committee studying the proposal concluded not to recommend its approval. A similar bill was defeated in 2009.
During the civil unions debate, attorney general Roberto Sánchez Ramos
had declared it might be unconstitutional to deny the right of marriage to same-sex couples.
In early January 2010, Governor Luis Fortuño
made comments to a group of evangelical ministers that were interpreted that he would favor an amendment to Puerto Rico's constitution that would restrict marriage to the union of one man and one woman. However, shortly afterwards he categorically denied that he favored such a measure.
In early April 2010, there were reports that two members of Puerto Rico's House of Representatives (Iván Rodríguez Traverzo
and Norman Ramírez) were planning to reintroduce a constitutional amendment banning same-sex marriage.
and the Partido Nuevo Progresista de Puerto Rico
, which are the island's two main political parties, include both supporters and opponents of LGBT rights. This was most recently demonstrated by the House of Representatives vote on 11 November 2009, approving Bill 1725 (forbidding discrimination on the basis of sexual orientation). The bill passed by a vote of 43 to 6, with most Representatives from both parties voting in favor. The six Representatives voting against the bill were equally divided between both parties.
The Puerto Rican Independence Party
is a member of the Socialist International, and is on record as supporting full rights for LGBT citizens. Other smaller left wing pro-independence groups are also on record supporting LGBT rights.
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
issues have increased, and some legal changes have been made. Currently, both supporters and opponents of legislation protecting the rights of LGBT persons can be found in either of the major political parties. Public opposition still exists due, in large part, to the strong influence of the Roman Catholic Church and socially conservative Protestants. However, Puerto Rico's status as a United States commonwealth has a great influence over legal rights of LGBT citizens, as the U.S Supreme Court has the ability to overturn Puerto Rican laws that the court finds unconstitutional.
Civil rights
Puerto Rico has not had any national legislation to prohibit discrimination on the basis of sexual orientation or gender identity. This may change in the near future (at least for sexual orientation), as a gay rights bill (House Bill #1725) is now going through Puerto Rico's legislative process. First introduced on 21 May 2009 in the island's House of Representatives, it was finally approved by an overwhelming margin (by a 43 to 6 vote) on 11 November 2009. House Bill #1725 amends existing Puerto Rican civil rights laws to forbid discrimination on the basis of sexual orientation in the areas of employment, public transportation and public facilities, business transactions,and housing. The bill in its present form does not have provisions to protect transgender individuals.The bill was referred to Puerto Rico's Senate, and discussions in that Chamber started 18 December 2009. The Senate Committees for Labor & Human Resources, and for Civil Matters, are both reviewing the measure. Governor Luis Fortuño (a member of the island's New Progressive Party and affiliated with the mainland Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
) has indicated that the law needs to state exemptions for organizations that object to homosexuality on the grounds of beliefs.
The President of Puerto Rico's Senate, Thomas Rivera Schatz
Thomas Rivera Schatz
Thomas "Tommy" Rivera Schätz is a Puerto Rican politician currently serving as the fourteenth President of the Senate of Puerto Rico. He is affiliated with the pro-statehood New Progressive Party of Puerto Rico and the United States Republican Party...
, has been a vocal opponent of legislation protecting LGBT rights. In early April 2010, he stated on the Senate floor that Project 1725 would not be approved by the Senate. However, there have been no Senate hearings yet on the measure, and no public hearings have yet been scheduled to discuss the bill.
Puerto Rico is also covered by U.S. federal law, most notably the Matthew Shepard Act
Matthew Shepard Act
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, also known as the Matthew Shepard Act, is an American Act of Congress, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010...
, pertaining to hate crimes, which was recently amended to include sexual orientation and transgender persons as protected categories.
In addition to these developments, there are portions of the proposed revised Civil Code for Puerto Rico currently being reviewed by both Houses of the Legislature that impact LGBT residents. There is a proposal to insert into the Civil Code a provision to allow post-operative transsexuals to change the gender noted on their birth certificates. On the other hand, there is concern that some proposed clauses that invalidate so-called common law marriages may actually result in the reduction of rights (for example hospital visitations) for same-sex couples. It is significant that Puerto Rico's Roman Catholic Archbishop has proposed a concept called "shared residency" (residencia compartida) that would allow same sex couples hospital visitation rights and inheritance and insurance rights as well. However, the discussions surrounding these proposals have included demands by some conservatives that the Constitution be amended to forbid same sex marriages or civil unions.
Sodomy laws
In 2002, the Puerto Rico Supreme Court ruled that the commonwealth's ban on sodomySodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
was not unconstitutional. In 2003, however, the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
declared unconstitutional all state and territorial statutes penalizing consensual sodomy, including Puerto Rico's, in the case Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
.
This prompted opponents of the anti-gay law to focus their efforts to persuade lawmakers the change the law, which they did in 2005. Same-sex relations between consenting adults were officially legalized with the approval of the new Penal Code in 2005.
Military
Military defense of Puerto RicoMilitary of Puerto Rico
The defense of Puerto Rico is the responsibility of the United States as part of the Treaty of Paris .A branch of the Air National Guard is stationed in Puerto Rico, known as the Puerto Rico Air National Guard . It had formerly been equipped with aircraft such as the F-104 Starfighter, A-7 Corsair...
has been the responsibility of the U.S. military, pursuant to the Treaty of Paris (1898)
Treaty of Paris (1898)
The Treaty of Paris of 1898 was signed on December 10, 1898, at the end of the Spanish-American War, and came into effect on April 11, 1899, when the ratifications were exchanged....
under which Spain ceded Puerto Rico to the United States. The U.S. military formerly had a "don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
" (or DADT for short) policy regarding LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
service members, and this presumably applied to the island's National Guard
Puerto Rico National Guard
The Puerto Rico National Guard is the component of the United States National Guard in the U.S. Territory of Puerto Rico. It comprises both Army and Air National Guard components with a total authorized strength of 10,000 soldiers and airmen. The Constitution of the United States specifically...
as well. The law was repealed by the U.S. Congress in December 2010, and on 22 September 2011 finally was phased out completely.
Marriage-related measures
In 2008, the Commonwealth's Senate passed a proposed referendum to voters that would have amended Puerto Rico's Constitution to define marriage as a union between a man and a woman, banning same-sex marriages, civil unions and domestic partnershipDomestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
benefits. Better known as resolución 99 (resolution 99), the constitutional amendment was not approved by the Commonwealth's House of Representatives, after the legislative committee studying the proposal concluded not to recommend its approval. A similar bill was defeated in 2009.
During the civil unions debate, attorney general Roberto Sánchez Ramos
Roberto Sánchez Ramos
Roberto Sanchez Ramos is the former Secretary of Justice of Puerto Rico, appointed in 2005 by Governor Aníbal Acevedo Vilá. Before becoming Secretary of Justice, Sanchez Ramos served as Solicitor General of Puerto Rico. He is the son of former Governor of Puerto Rico Roberto Sánchez Vilella...
had declared it might be unconstitutional to deny the right of marriage to same-sex couples.
In early January 2010, Governor Luis Fortuño
Luis Fortuño
Luis Guillermo Fortuño Burset is the governor of the Commonwealth of Puerto Rico, a territory of the United States of America. Fortuño is also the president of the New Progressive Party of Puerto Rico , a member of the Republican National Committee, and will be president of the Council of State...
made comments to a group of evangelical ministers that were interpreted that he would favor an amendment to Puerto Rico's constitution that would restrict marriage to the union of one man and one woman. However, shortly afterwards he categorically denied that he favored such a measure.
In early April 2010, there were reports that two members of Puerto Rico's House of Representatives (Iván Rodríguez Traverzo
Iván Rodríguez Traverzo
Iván Ariel Rodríguez Traverzo is a Puerto Rican politician who served as a Member of the House of Representatives of Puerto Rico, an unincorporated territory of the United States. He represented the 16th Representative District, composed of the towns of Isabela, San Sebastian, and Las Marias...
and Norman Ramírez) were planning to reintroduce a constitutional amendment banning same-sex marriage.
Political parties
Politicians from the Partido Popular DemocráticoPopular Democratic Party
Popular Democratic Party is the name of:* Popular Democratic Party * Popular Democratic Party * Popular Democratic Party * Popular Democratic Party of Puerto Rico* Popular Democratic Party...
and the Partido Nuevo Progresista de Puerto Rico
New Progressive Party of Puerto Rico
The New Progressive Party of Puerto Rico is a political party that advocates for Puerto Rico's admission to the United States of America as the 51st state...
, which are the island's two main political parties, include both supporters and opponents of LGBT rights. This was most recently demonstrated by the House of Representatives vote on 11 November 2009, approving Bill 1725 (forbidding discrimination on the basis of sexual orientation). The bill passed by a vote of 43 to 6, with most Representatives from both parties voting in favor. The six Representatives voting against the bill were equally divided between both parties.
The Puerto Rican Independence Party
Puerto Rican Independence Party
The Puerto Rican Independence Party is a Puerto Rican political party that campaigns for the independence of Puerto Rico from United States suzerainty....
is a member of the Socialist International, and is on record as supporting full rights for LGBT citizens. Other smaller left wing pro-independence groups are also on record supporting LGBT rights.
See also
- Politics of Puerto RicoPolitics of Puerto RicoThe politics of Puerto Rico take place in the framework of a republican democratic form of government that is under the jurisdiction and sovereignty of the United States of America as an organized unincorporated territory....
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
- LGBT rights in the United States