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Same-sex marriage has been legal in Brazil since May 16, 2013, following the National Justice Council decision,〔(Brazil judicial panel clears way for gay marriage )〕 which orders notaries of every state to perform same-sex marriages.〔(Brazilian judicial council orders notaries to recognize same-sex marriage )〕〔(Brazil clears way for gay marriage )〕 The ruling is on appeal to the Supreme Court. Same-sex unions had already been legally recognized since 2004. Following a ruling of the Supreme Court of Brazil, so-called ''stable unions'' ((ポルトガル語:união estável)) had been available for same-sex couples since May 2011. These unions were granted most of the rights of marriages, including adoption, welfare benefits, pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, IVF and surrogacy.〔(União civil entre pessoas do mesmo sexo (Lesbian, Gay, Bisexual and Transgender [LGBT] civil unions in Brazil) ) 〕 This decision paved the way for future legislation on same-sex matrimonial rights. Before the nationwide legislation, Alagoas,〔(【引用サイトリンク】title=Brazil’s most populous state to allow same-sex marriage )〕 Bahia,〔 Ceará, Espírito Santo, Federal District, Mato Grosso do Sul, Paraíba, Paraná,〔〔 Piauí, Rio de Janeiro,〔(【引用サイトリンク】title=Rio de Janeiro state legalizes gay marriage )〕 Rondônia, Santa Catarina, Santa Rita do Sapucaí (MG),〔(After Judicial liberation, Santa Rita do Sapucaí got its first same-sex marriage )〕〔(Gay marriage is allowed by judge in southern Minas Gerais municipality )〕 São Paulo, and Sergipe had already allowed same-sex marriages and several unions were converted into full marriages by state judges. According to the ruling (25/2013), a couples' request should be registered by civil registry officers that have to give 15 days for the district to decide if they agree. If they do not agree, the marriage could not proceed. The other states all recognized the marriages and had registered marriages (often after a judicial approval) on a case-by-case basis. Nevertheless, on May 14, 2013, The Justice's National Council of Brazil legalized same-sex marriage in the entire country in a 14-1 vote by issuing a ruling that orders all civil registers of the country to perform same-sex marriages and convert any existing civil union into a marriage, if the couple wish so.〔〔〔(Decisão do CNJ obriga cartórios a fazer casamento homossexual )〕〔(CNJ obriga cartórios a converterem união estável gay em casamento )〕 Joaquim Barbosa, president of the Council of Justice and the Supreme Federal Court, said that notaries cannot continue to refuse to "perform a civil wedding or the conversion of a stable civil union into a marriage between people of the same sex."〔 The ruling was published on May 15 and took effect on May 16, 2013.〔 (DIÁRIO DA JUSTIÇA CONSELHO NACIONAL DE JUSTIÇA Edição nº 89/2013 )〕〔 (Regra que obriga cartórios a fazer casamento gay vale a partir do dia 16 )〕 ==Civil unions== In 2004, the first case of recognition of same-sex unions in Brazil occurred with a binational Englishman and a Brazilian. This legal precedent encouraged other couples to marry around the country. At the time of the ceremony, in the form of common-law marriage, this was a status that, until then, was only granted to opposite-sex couples. The couple had lived together for fourteen years, in the Brazilian city of Curitiba. In 2010, the Foreign Ministry officialized the right of diplomatic LGBT partners of servers working in Brazil's representations abroad. The decision, which includes homosexual and heterosexual partners, was announced internally to embassies and consulates in over 200 countries. According to the Foreign Ministry, the measure must ensure that employees register their LGBT partners to secure their right to stay outside the country. Now, with the grant of diplomatic passports, in practice, means that it would be easier for the partner to obtain a residence permit. This decision complements other resolutions, that has enabled the officials in the Foreign Ministry's services to include same-sex partners as dependents on health plans. Also in 2010, the state-owned Infraero (Brazilian Company of Airport Infrastructure) came to recognize the stable union between same-sex couples for purposes of granting benefits. The change came with the signing of the new Collective Work Agreement. To receive the benefit, the union must be registered through the public notary. On 5 May 2011, Brazil's Supreme Federal Court ruled that civil unions must be allowed throughout the country. The decision was approved by 10-0; one judge abstained because he had previously spoken publicly in favor of same-sex unions when he was attorney-general. The ruling resulted in stable partnerships for LGBT having the same financial and social rights enjoyed by those in heterosexual relationships. Civil union of a same-sex couple guarantees the same 112 rights as marriage of opposite-sex couples. Brazil's high court ruling came in response to two lawsuits, one filed by the Rio de Janeiro state government in 2008 and another in 2009 by the Public Ministry, a group of prosecutors that is part of the federal government but independent from its executive, legislative and judicial branches. To qualify as a stable union, same-sex couples can officially register as a civil union or prove it the same way some heterosexual couples do, by having a bank account together or living at the same address. On 17 June 2011, a judge from Goiânia, Jeronymo Pedro Villas Boas, annulled the first civil union that happened in the country, between Liorcino Mendes and Odilio Torres, and also ordered all notaries in Goiânia to not issue civil unions anymore.〔(Goiás judge annuls first gay union after Supreme Court's decision ) 〕〔(Judge annuls stable union contract between homosexuals ) 〕〔(Homosexual union will go back to Supreme Court ) 〕〔(Brazilian judge declares Supreme Tribunal decision favoring civil unions ‘’ ) 〕 Villas Boas, who is also a church pastor of the Assembleia de Deus, claimed that same-sex unions are unconstitutional.〔(Judge accused of insubordination that annulled gay union is pastor of Assembleia de Deus ) 〕 On 21 June, another judge, Beatriz Figueiredo Franco, cancelled Villas Boas decision, making the union valid again.〔(Beatriz cancels decision by Jerônymo Villas Boas ) 〕 Concerned, Liorcino Mendes and Odilio Torres signed again another civil union in Rio de Janeiro.〔(Goiás judge who annulled union of gay couple denies being homophobic ) 〕 On 27 June 2011, a Brazilian judge in the State of São Paulo converted a civil union into a same-sex marriage. It is not clear whether the ruling presents a precedent for additional same-sex marriages. The Supreme Federal Court had ruled in May that same-sex marriages are not required by the constitution of Brazil.〔(The first gay marriage in Brazil ) 〕 On 28 June, another stable union between same-sex couples was converted into a marriage. This time it was Judge Jennifer Antunes de Souza, the 4th of Brasília Family Court, who upheld the order. On 7 June 2013, the Brazilian Air Force recognized the "stable union" of a sergeant and his partner after he presented a notarized deed documenting their relationship; the Air Force did not comment on the recognition, and could not confirm if the relationship was the first same-sex union certified by the branch. On 8 August 2013, Judge Elio Siquerira of the 5th region TRF ruled on appeal that the Brazilian Army must recognize the civil union (performed in January 2012 in Pernambuco) of a servicemember and his same-sex partner, and must also accord a military spousal pension to the partner. It marked the first time that a state-recognized same-sex union was recognized by the Army. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Same-sex marriage in Brazil」の詳細全文を読む スポンサード リンク
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