Photo By: Nelson Antoine/AP
Every year as June comes around, there is a sudden burst of visibility for people of the LGBTQ+ community. Brands alter their logos to acknowledge pride month, maybe make a post or two about inclusivity; people attend pride parades, take pictures, and celebrate love. However, as soon as June turns to July the movement fundamentally dies down and most forget why there was a movement in the first place. Many don’t give a second thought to the meaning behind their rainbow profile pictures or #loveislove posts, they simply comply because it is what everyone in the media seems to be doing. The members of the LGBTQ+ community themselves have one month of supposed freedom in which they can showcase their pride in the eyes of the global community after years of internal suffering, external oppression, and overall exclusion from society. Pride month is important for the visibility of LGBTQ+ people, and it is a way not only for LGBTQ+ members to express themselves and their battle, but also for allies to support them and commit to the protection of their rights. Nevertheless, the pattern that repeats itself every year is the brushing aside of the hard fought battle endured by LGBTQ+ people as soon as pride month ends. Brands change their logos back to their standard colors , and the fun pride posts are simply another publication in the endless expanse of the internet. Because of this, it is important to take a moment to acknowledge the suffering, the battles, the oppression behind the colorful flags and makeup, especially in Latin America, a continent that has yet to fully accept LGBTQ+ people. Interestingly, it is credited to be at the forefront of creating legislations in recognition of LGBTQ+ rights as movements for equality started in the mid 20th century. But even if though the continent got a supposed head start in crafting and enacting said legislations, recently, more conservative measures have attempted to replace their counterparts. Unfortunately, there is pervasive systematic oppression against the LGBTQ+ community that permeates political systems in most Latin American Countries.
It is safe to say that the heigh of oppression in Latin America came in the late 20th century as military dictatorships and autocratic leaders took the reins of various countries around the continent. Following the Peronist administration in Argentina, a military dictatorship took over which ruled with terror and oppression. Organizations and governmental plans like Operation Condor were created and sponsored in order to quell opposition against governments and contribute to the solidification and centralization of autocratic powers. In said far right military dictatorships many people perished, but the stories of the LGBTQ+ people who were victims of the system are seldom told. This is partially because it was completely silenced. LGBTQ+ people during this time period were not deemed human enough to merit any kind of documentation, but it is evident that they too were systematically persecuted alongside political dissidents during the dictatorial age of Latin America. A very similar situation could be seen in Brazil’s 1970s military regime. LGBTQ+ members were censored, silenced, and marginalized. Cuba, another country who succumbed to homophobia and bigotry most prominently during the post revolutionary era, was witness to the exclusion and condemnation of LGBTQ+ members. Life for a queer person in Latin America during this time period was full of fear and oppression, and many years passed before there was an actual initiative to change this dynamic.
In 2010 Argentina became the first country in Latin America to legalize same-sex marriages. Later in 2012, they passed the Gender Identity Law which allows transgender people to change their gender and name on public documents without the need for approval from doctors or judges. In many countries, in order to be able to legally change your gender in official documents, there needs to be proof of gender-reassignment surgery. With this law, those who do chose to undergo the gender-reassignment surgery have the peace of mind that insurance coverage does apply to the treatment — this also includes hormone therapy. Following Argentina, Brazil, Colombia, and Uruguay also legalized same sex marriages in 2013, 2016, and 2013 respectively. As of 2021 Ecuador and Mexico also recognize gay marriage, but countries like Chile and Bolivia have yet to accept this proposal and within their constitutions there are gendered definitions of marriage which prevent gay unions. However, it is important to note that the legalization of same-sex marriages does not grant equality or freedom to LGBTQ+ people. It is a step forward in recognizing their rights, but members of the queer community are still especially vulnerable to hate and bigotry. In an interview with Playboy magazine in 2011 Jair Bolsonaro, the current Brazilian president said, “I would be incapable of loving a gay son. I prefer that he die in an accident.” Worse things have been uttered by the Brazilian president, and he is in the habit of using homophobic slurs even in the face of tragedies. While sharing his views on the COVID-19 pandemic he said, “We have to stop being a country of f--gots” referring to the fear and anxiety exacerbated by the onslaught of the pandemic. Despite the horrid personal views of the country’s leader, in 2019 Brazil criminalized homophobia and transphobia equating it to racism, meaning that in the case of any of these crimes, equal measures would be taken in order to combat them. 2016 was a momentous year for the LGBTQ+ community in Colombia given that same-sex couples were allowed to get married and in that same year, legislations that allowed for gender-reassignment surgeries and hormone treatments were revised in order to make them more accessible and efficient.
Legalization of same-sex marriages, although extremely significant, are not the only hurdle in the LGBTQ+ community’s path to equality. Having an open relationship, having a family, exposure to discrimination and oppressive laws are all blockades that the queer community is consistently exposed to. Countries like Bolivia, Chile, Ecuador, Paraguay, Peru, and Venezuela all have laws that restrict same sex couples from adopting children and starting families. Even the idea of legalizing homosexual relationship was out of the question until Uruguay legalized civil partnerships in 2008. Guyana, Paraguay, Peru, and Venezuela all have legislations that ban same-sex unions. LGBTQ+ people, especially transgender people also have restrictions regarding their participation in the military. Caribbean island states are especially conservative and most of them do not recognize same sex unions, adoption, military service, or same-sex marriages. Many do not even have laws that criminalize or discoruage homophobia Although laws represent a significant barrier in the recognition and implementation of equal and equitable LGBTQ+ rights, many people who identify as a part of this community fear much more than their government, many have to fear for their lives.
Although some Latin American countries are pioneering in inclusive and tolerant legislations, changing the mindset of a largely conservative population has proven to be a nearly impossible endeavor. Some credit this degree of parochialism to the Christian and Catholic majority reigning the the continent, while others attribute it to the conservative nature of certain cohorts. Notwithstanding, the violence and persecution directed towards LGBTQ+ is significant, regardless of its origins. A study conducted from 2014 to 2019 by SinViolencia LGBTI concluded that during this time period over 1292 LGBTQ+ people were murdered due to their sexuality and gender identity. The majority of those who were targeted and killed were transgender men and women, and most of them were murdered with fire arms. Another study conducted by The ARansrespect versus Transphobia Worldwide reported that between 2008 and 2016, 2,115 trans people were killed of which 78% took place in Latin America. Most of the victims were in their late 20s and early 30s, people who had their whole life in front of them, the possibility of a better life, a successful life, yanked away from them due to irrational fears and homophobia. Although studies such as these aim to create a thorough representation of the situation for LGBTQ+ people in Latin America, it is fundamentally impossible to completely assert the number of deaths, the number of abuses, the number of attacks, given that many of these events go under the radar. In certain cases of violence and abuse hotlines are established in order to dispatch support to the victim immediately, but such systems have not been developed for vulnerable LGBTQ+ people. Wilson Casteñada, the director of a human rights group in Colombia called Caribe Afrimativo, said that the abuses and violence towards LGBTQ+ are recorded by local organizations and seldom by the state, making the regulation and documentation of these cases highly inefficient and inaccurate.
The statistics regarding the quality of life and opportunities for LGBTQ+ people in Latin America are discouraging. It is difficult to see light at the end of the tunnel when so many people are continuously oppressed and even violently targeted. However, despite the significant problems and areas for improvement that have yet to be resolved, it is important to note that there have been improvements, especially in the legal realm. Many governments are attempting to nurture more inclusive societies. From the legalization of same-sex marriages to allowing LGBTQ+ couples to adopt families, changes are happening. Whatsmore, some countries are also trying to implement laws that will guarantee LGBTQ+ representation within the government itself. Uruguay, for example, implemented a law in 2018 in which at least 1% of government employees had to identify as transgender in order to ensure equitable portrayal of trans interests in official legislations. Although this measure was enacted in what is considered to be the most tolerant country in Latin America, it is a sign that true inclusivity is possible, and with enough time and advocacy, communities will be able to generate inclusive and free societies in which every member feels represented and safe. Although pride month is one in which the LGBTQ+ community has the opportunity to shine and be recognized on a global scale, allies and LGBTQ+ members alike must ensure that this recognition extends beyond June. Through educated and respectful conversations, research, support, and insistent questioning, every individual can play their part in cultivating a more tolerant society.
Written By: Carolina Mejia Rodriguez
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