Gay Rights in Latin America

Under the military dictatorships that became the norm of government in many Latin American countries in the previous century, gay and transgender rights, among many other rights, were brutally oppressed. In recent years, however, Latin America has seen a remarkable warming towards decriminalizing gay activity, including recognizing gay and transgender identities in anti-discrimination laws and legalizing gay marriage in some regions. Argentina stands out as the Latin American country most experts agree has done the most to protect gay rights, making its policy on gender and sexual identity minorities one of the most progressive not only regionally, but globally. 

Many observers, within and outside Latin America, have suggested that democratization has led to wider acceptance of these personal rights. This explanation considers that respect for the human person, respect for private life and respect for personal choice and liberty have helped Latin America overcome its bloody history of military upheaval, while simultaneously providing the trigger for the acceptance of gay rights.

Gay activists in Argentina, for example, rode the wave of support for democracy to push for the inclusion of gay people in the freer and fairer atmosphere of the 1970s. One counterexample to this theory is that Cuba, which under the current authoritarian government has maintained strict control over political and military power, also has followed the trend of loosening repression of gay rights and even legalizing gay marriage in 2022. 

An alternative explanation considers that this shift toward gay rights is especially notable as Latin America is a region that contains many majority-Catholic countries. The pope and the Catholic Church have steadfastly maintained their stance on the sinful nature of gay activity and prohibited gay marriage recognition within the church. It follows then, that the rise of secularism in Latin America may have provided the push for gay rights, as the hold of religion in politics grew marginal.

The example of Chile could be taken as evidence on both sides. Historically and presently highly conservative, Chile was the last Western Hemisphere country to legalize divorce in 2004, but in 2021 its legislature legalized gay marriage. In 2022, 70% of Chileans identified as Catholic, yet data from that same year indicates that the degree of acceptance of homosexuality in Chile is second only to Argentina. 

Unfortunately, Chile and Argentina seem to be among the exceptions to the low public popularity of gay acceptance in Latin America. Researchers from Chile’s Universidad Alberto Hurtado and Universidad Católica del Norte found that overall tolerance for homosexuality remains low in the region compared to developed nations elsewhere. Moreover, their surveys found that even within countries, there remain stark divisions on acceptance, likely indicating clashing religious, educational and economic demographics. 

The rise of gay rights in Latin America may best be attributed to the extraordinary intelligence and insight displayed by fierce gay rights activists, who keenly recognized opportunities to amend laws and correct injustices within larger movements in democracy and secularism. Aptitude in navigating bills and referendums toward legal acceptance, however, is an outcome distinct from changing social attitudes, though the two processes are to some degree connected.

After all, personal violence and discrimination against members of the LGBTQ+ community still occur in spite of legal protections. This altogether suggests that the rise of democratic norms and ideals may have provided a pathway for legal avenues toward acceptance, but the cultural norms embedded by religious and social traditions have kept popular attitudes toward homosexuality lukewarm at best. 

Acknowledgment: The opinions expressed in this article are those of the individual author.