Same Sex Marriage in Cuba by Erin Grant

On the third day of our trip to Cuba, our group met with a panel of attorneys at their recreational club. After being provided with the history of the Cuban legal system, a description of the current legal system, and some strong Cuba Libres served with a snack of crackers and ham, we were given the chance to ask questions. A student asked about the state of marriage and overall rights for same sex couples. 

In his response, the gentleman attorney on the panel reviewed explained that in Cuba, as a result of the revolution, discrimination of any kind is illegal. Such activity is not compatible with the social climate the revolution attempts to create – one in which biological and socioeconomic characteristics are not indicators of one’s worth. I did not remember his exact words, so I took the liberty of looking up where discrimination is prohibited in the legal framework of Cuba. 

In 1976, the Constitution of the Republic was enacted. This was the document that addressed specifically equal rights. Under Chapter VI: Equality, all citizens have equal rights and are subject to equal duties (Article 41). Article 42 states that “Discrimination based on race, color of the skin, sex, national origin, religious creeds, or any other type offending human dignity, is prohibited and punished by the law.” The latter part of this article places the responsibility of educating citizens on equality on the State. Finally, Article 44 provides for equal familial rights for both men and women; it does not, however, no mention same sex couples. There are also no jurisdictions in Cuba which currently recognize same sex marriage. 

After explaining all this through our guide, the attorney mentioned that there were protests and other efforts being made by rights groups in an effort to pass such legislation. He then went on provide a brief lecture on how few states in the U.S. have recognized the right to marriage for same sex couples. 

The U.S. Constitution provides equal rights for all citizens under Amendment 14.  Section 1 provides that “… No state shall… abridge the privileges or immunities of citizens of the United States… life, liberty, or property, without due process of law.” As in the Cuban Constitution, there is no mention of same sex rights. However, in the U.S., there are six states (Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont), the nation’s capitol, and two Indian tribes that recognize same sex marriage. Other states have attempted legislation to provide these rights and have either failed or are in the process. 

What occurred to me was that Cuba is still in transition. While there may be a Constitution and other legal acts that have provided for equal rights for all Cuban citizens, if their situation is anything like that in the U.S., there is an order in which groups receive equal rights. We can see from our history that women and ethnic groups garnered equal rights first. The process took most of the 20^th century and saw much violence and turmoil, not simply a legal document granting those rights. Older, more machismo ideals have to start to die out before women will be treated seriously. The obvious separation of the darker skinned individuals living in tenements in Old Havana and the lighter skinned living in newer homes in the Miramar district needs to be addressed as well. Only then, it seems, will it be possible for Cuba to address the issue of familial right for same sex couples.  

-Erin Grant