Commission approves bill against same-sex marriage

By 12 votes to 5, the Social Security, Social Assistance, Childhood, Adolescence and Family Committee of the Chamber of Deputies approved, this Tuesday (10), a bill that includes in the Civil Code the prohibition of equating same-sex unions with marriage and creates the “society of common life”, a new type of “mutual coexistence”, with contractual rights.

The approved text also prohibits any constraint by public authorities on churches in relation to the liturgy, criteria and requirements of religious marriage. (see below how each member of the committee voted).

The session was tense, with shouts and accusations, mainly due to the fact that deputy Pastor Eurico (PL-PE), rapporteur of Bill 580/2007, to which eight other proposals were added, changed his opinion at the last minute.

In a first report, the parliamentarian had rejected all proposals in favor of equating same-sex unions with marriage and only defended the proposal of PL 5,167/2009, by former deputy Capitão Assumpção. Assumpção suggested including a single paragraph in article 1,521 of the Civil Code explaining that, “under constitutional terms, no relationship between people of the same sex can be equated to marriage or a family entity”. In justification, the parliamentarian says that the rights of same-sex couples, related to pensions, built assets, among others, are already guaranteed in other articles of the Civil Code, in the provisions on contracts and succession.

In the final text released this Tuesday, Eurico suggested including an item VIII in article 1,521, making the prohibition of same-sex marriage clearer, in addition to adding in article 1,515 the freedom of churches in relation to the topic. Furthermore, he included another provision, 1.727-A, creating common life societies, making it clear that the “interpretation of marriage and stable union and its requirements in this code are of strict interpretation, with analogous extensions not being admitted.”

Once approved, the proposal must now go to the Human Rights Commission, with a majority of deputies from the government base. With the divergence of the opinion, the project must necessarily go through the plenary, depending on the decision of President Arthur Lira (PP-AL) to enter the agenda.

>>> See how each deputy voted:

Against equating same-sex unions with marriage:
André Ferreira (PL-PE), Chris Tonietto (PL-RJ), Clarissa Tércio (PP-PE), Dr. Jaziel (PL-CE), Eli Borges (PL-TO), Filipe Martins (PL-TO), Messias Donato (Republicanos-ES), Pastor Eurico (PL-PE), Pastor Isidório (Avante-BA), Rogéria Santos (Republicanos-BA), Cristiane Lopes (União-RO), Priscila Costa (PL-CE).

In favor of equating same-sex unions with marriage:
Erika Hilton (PSOL-SP), Erika Kokay (PT-DF), Laura Carneiro (PSD-RJ), Pastor Henrique Vieira (PSOL-RJ) and Tadeu Veneri (PT-PR).