I ran across this story in Proud Parenting describing a Brazilian court case which imposed a legal restriction on a lesbian because her relationship with her partner was “tantamount to marriage”.
We generally don’t think of court rulings imposing restrictions as a major advance in rights, but this one may be! Here is the story: Astrid Cunha e Silva and Eulina Rabelo are lesbian partners. Ms. Cunha e Silva is currently the mayor of the small town of Viseu; Ms. Rebelo wants to run for office and replace the mayor at the end of her term. However, Brazilian law blocks the spouse and relatives of an elected official from succeeding them in office.
Sp. when Mr. Rabelo decided to run, the courts needed to decide if their relationship is marriage as far as the election law is concerned. Judges ruled unanimously that Ms. Rabelo cannot run because of the two are, for all intents and purposes, married.
Now, obviously, one does not hope to read of judges imposing legal restrictions associated with marriage, while refusing benefits, but I can only wonder:
Is Brazil about to fully recognize Same Sex Marriage? The answer may be yes.
Proud Parenting’s article states:
Brazilian judges in earlier cases have recognized same-sex partnerships in the area of pension rights, and limited rights and benefits have been accorded to gay couples in some regions of the country.