Current Version
| Region | Cuba |
| Issue | Same-sex marriage |
| Status | Banned |
| Start Date | Feb 14, 1975 |
| End Date | Sep 26, 2022 |
| Description | The Cuban Constitution does not ban same sex marriage, but other statutory laws do prohibit it. Article 2 of the Family Code defines marriage as a union between a man and a woman - an amendment drafted in 2018 would have changed this but was rejected. Further consultation on changes to the Family Code are ongoing in 2022. |
| Sources | http://www.cepal.org/oig/doc/cub_1975_ley_1289_codfamilia.pdf https://www.cibercuba.com/noticias/2019-03-08-u1-e192519-s27061-gobierno-cuba-sometera-consulta-popular-nuevo-codigo-familia |
Reports (4)
- Newer law has been passed "New Family Code Passed in 2022 fixed this"
- Status is not correct "Family code has passed"
- Newer law has been passed "Same-sex marriage in Cuba has been legal since 27 September 2022, after a majority of voters approved the legalization of same-sex marriage at a referendum two days prior."
- Newer law has been passed " "
Revision History (4)
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Unrecognized | Banned |
| Description | Article 2 of the code of the family defines marriage as a union between a man and a woman | The Cuban Constitution does not ban same sex marriage, but other statutory laws do prohibit it. Article 2 of the Family Code defines marriage as a union between a man and a woman - an amendment drafted in 2018 would have changed this but was rejected. Further consultation on changes to the Family Code are ongoing in 2022. |
Show Difference | ||
| Sources | http://www.cepal.org/oig/doc/cub_1975_ley_1289_codfamilia.pdf | http://www.cepal.org/oig/doc/cub_1975_ley_1289_codfamilia.pdf https://www.cibercuba.com/noticias/2019-03-08-u1-e192519-s27061-gobierno-cuba-sometera-consulta-popular-nuevo-codigo-familia |
Show Difference | ||
Reports (1)
- Newer law has been passed "Per the 2019 Cuban Constitution (https://www.constituteproject.org/constitution/Cuba_2019.pdf?lang=en): "The State recognizes and protects families,
regardless of their structure, as the basic cell of society, and works to guarantee that
the holistic achievement of their objectives." i.e. same-sex families are granted the same legal rights as hetero couples."
| Original entry | |
|---|---|
| Status | Unrecognized |
| Start Date | Feb 14, 1975 |
| End Date | (none) |
| Description | Article 2 of the code of the family defines marriage as a union between a man and a woman |
| Sources | http://www.cepal.org/oig/doc/cub_1975_ley_1289_codfamilia.pdf |
Reports (6)
- Newer law has been passed
- Status is not correct " Cuba decided not to recognize marriage equality. Still illegal in Cuba."
- Status is not correct
- Newer law has been passed "this hasnt been updated and also, the constitution DID briefly include a redefiniton of marriage as between two people but then later changed it after mounting pressures from the catholic community"
- Newer law has been passed "The constitutional project must controversial provision: art. 68, on same-sex marriage, never passed parliamentary debate. New constitution enacted without same-sex marriage."
- Date is incorrect "https://www.bbc.co.uk/programmes/p06t73vr"