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History

Homosexual activity in Santa Cruz

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Homosexual activity in Santa Cruz is legal.

Current status
Since Aug 24, 1903
Legal under federal Argentina law
In 1903, the Argentine Penal Code was amended to remove all mentions of sodomy as a crime.
Mar 1, 1887–Aug 23, 1903
Male illegal, female legal under federal Argentina law
The 1887 Argentine Penal Code criminalised sodomy as an outrage against good morals.
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Same-sex marriage in Santa Cruz

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Same-sex marriage in Santa Cruz is legal.

Current status
Since Jul 15, 2010
Legal under federal Argentina law
In 2010, Argentina became the first country in Latin America to legalize gay marriage. The Senate passed the bill by a narrow margin (33 votes in favor, 27 against, and 3 abstained). Argentina was the tenth country in the world to enact marriage equality.
Aug 19, 2008–Jul 14, 2010
Unregistered cohabitation
In 2008, Santa Cruz provided the ability of same-sex couples to be recognised as an unregistered cohabitation under federal Argentine law.
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Jun 12, 1987–Aug 18, 2008
Banned
The Civil Code of Argentina in 1987 defined a marriage as being between a man and a woman under Law 23515, effectively banning same-sex marriage in Argentina until 2010. This also applied in Santa Cruz.
Until Jun 11, 1987
Unrecognized under federal Argentina law
The original Civil Code of Argentina did not explicitly define a marriage as being between a man and a woman until 1987. However, there was also no legal recognition provided to same-sex couples.
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Censorship of LGBT issues in Santa Cruz

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Censorship of LGBT issues in Santa Cruz is no censorship.

Current status
Since Apr 8, 2010
No censorship
In Santa Cruz, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the repeal of laws criminalising people from "dressing as a person of the opposite sex or pretending to be such" in 2010.

A clause that prohibits people from "making proposals tending to homosexual practices" was repealed in 2006.
May 11, 1961–Apr 7, 2010
Imprisonment as punishment
In 1961, Santa Cruz passed laws prohibiting people from "making proposals tending to homosexual practices" and "dressing as a person of the opposite sex or pretending to be such" with imprisonment. This was used to criminalise the expression of homosexuals and transgender people, although the latter could do so at carnivals and with due authorisation.

The anti-gay law was repealed in 2006, but the anti-trans law would not be repealed until 2010.
1932–May 10, 1961
State-enforced
Since 1932, persecution of LGBTIQ+ people started to become state policy in Argentina as police edicts were issued that imprisoned homosexuals if they were travelling with a minor. This was often justified not as a persecution of homosexuality but as "protecting" minors across the country. This would further strengthen in the 1940s under Juan Peron into even more widespread discrimination by the government.

In 1961, Santa Cruz would adopt its own provincial laws suppressing LGBTIQ+ expression.
Until 1932
No censorship under federal Argentina law
Until 1932, there was no known attempt at censoring or restricting LGBTIQ+ topics or expression in Argentina.

Right to change legal gender in Santa Cruz

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Right to change legal gender in Santa Cruz is legal, no restrictions.

Current status
Since Jun 1, 2012
Legal, no restrictions under federal Argentina law
People have a right to change their legal gender without approval from a doctor or a judge. Sex reassignment surgery and hormonal treatments are not required, but they are provided by the state for free to anyone who requests them.
Several people had had their legal gender changed before the Gender Identity Law through court decisions, including popular actress, TV host and trans woman Flor de la V.
Sources:
Gender Identity Law [Spanish]: servicios.infoleg.gob.ar/in…
New York Times [English]: www.nytimes.com/2012/05/25/…
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May 2, 1997–May 31, 2012
Legal, but requires surgery under federal Argentina law
Before 2012, trans people were required to undergo surgery to achieve legal gender recognition in Argentina. However, it wasn't until 1997 when the federal government provided legal recognition to a trans woman after previous requests for recognition were rejected by courts.
Until May 1, 1997
Illegal under federal Argentina law
Until 1997, there was no legal gender recognition provided in Argentina with requests for gender marker changes refused and trans people criminalised.

Gender-affirming care in Santa Cruz

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Gender-affirming care in Santa Cruz is legal.

Current status
Since Apr 16, 2025
Legal under federal Argentina law
In April 2025, The Federal Court of Paraná No. 2 declared DNU 62/2025 to be unconstitutional.

This ruling restores the Gender Identity Law to how it was before Decree 62/2025 was signed by President Javier Milei.
Feb 7, 2025–Apr 15, 2025
Legal, but banned for minors under federal Argentina law
Decree 62/2025 signed by President Javier Milei, in force since February 7, 2025, replaced article 11 of Law No. 26,743 on Gender Identity, with the following:

ARTICLE 11.- Right to free personal development. All persons over EIGHTEEN (18) years of age may, in accordance with article 1 of this law and in order to guarantee the enjoyment of their comprehensive health, access total and partial surgical interventions and/or comprehensive hormonal treatments to adapt their body, including their genitalia, to their self-perceived gender identity, without the need to request judicial or administrative authorization.

To access comprehensive hormonal treatments, it will not be necessary to prove the will in the surgical intervention of total or partial genital reassignment. In both cases, only the informed consent of the person will be required.

The public health system's effectors, whether state, private or part of the social security subsystem, must permanently guarantee the rights recognized by this law.

All health benefits contemplated in this article are included in the Mandatory Medical Plan, or the one that replaces it, as regulated by the implementing authority.

Persons under EIGHTEEN (18) years of age will not be able to access the interventions and treatments referred to in this article.
Sources:
Decree 62/2025:
www.argentina.gob.ar/normat…

Gender Identity Law (updated law):
www.argentina.gob.ar/normat…
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Jun 1, 2012–Feb 6, 2025
Legal under federal Argentina law
With the gender identity law passed in 2012, Argentina established access to gender affirming care as a right of transgender people.
Aug 9, 2006–May 31, 2012
Ambiguous under federal Argentina law
In 2007 a judge ruled that minors could consent to GAC but the scope and availability of the process was unclear.
Jan 24, 1967–Aug 9, 2006
Banned under federal Argentina law
Medical transition is not possible as sterilisation was banned until 2006 under Article 19 of Law No. 17,132 in 1967 which explicitly prohibits medical professionals to not carry out surgical interventions that modify the sex of the patient.
Until Jan 23, 1967
Restricted under federal Argentina law
Until 1967, there were no known bans on gender-affirming care in Argentina but a doctor was arrested for performing such in 1966.

Legal recognition of non-binary gender in Santa Cruz

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Legal recognition of non-binary gender in Santa Cruz is recognized.

Current status
Since Jul 21, 2021
Recognized under federal Argentina law
Decree in place since july 21th of 2021 as of Presidential Decree N ° 476/21. Recognizing identities outside the male and female binomial by incorporating the nomenclature "X" in the National Identity Document as an option, for all people who do not identify themselves as male or female.
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Until Jul 20, 2021
Not legally recognized
Until 2021, there was no legal recognition provided to nonbinary or intersex people in Santa Cruz.
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LGBT discrimination in Santa Cruz

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LGBT discrimination in Santa Cruz is illegal in some contexts.

Current status
Since Feb 28, 2009
Illegal in some contexts
Since 2009, LGBTIQ+ people are protected in the military code of Argentina.

In 2009, sexual orientation became a protected characteristic from discrimination in healthcare in Santa Cruz under federal Argentine law.

In 2021, Santa Cruz passed the Comprehensive Law on the Recognition and Historical Reparation of the Rights of Transgender People which prohibited all forms of discrimination on the basis of gender identity. However, sexual orientation remains unprotected outside of healthcare.
Until Feb 27, 2009
No protections
Until 2009, there were no protections from discrimination provided to LGBTIQ+ people in Santa Cruz.
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LGBT employment discrimination in Santa Cruz

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LGBT employment discrimination in Santa Cruz is gender identity only.

Current status
Since Jan 15, 2021
Gender identity only
In 2021, Santa Cruz passed a law providing protections from discrimination on the basis of gender identity in employment. However, sexual orientation remains unprotected.
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Until Jan 14, 2021
No protections
Until 2021, there were no protections from discrimination in employment provided to LGBTIQ+ people in Santa Cruz.
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LGBT housing discrimination in Santa Cruz

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LGBT housing discrimination in Santa Cruz is gender identity only.

Current status
Since Jan 15, 2021
Gender identity only
The Comprehensive Law on the Recognition and Historical Reparation of the Rights of Transgender People (2020) prohibits discrimination based on gender identity and/or expression, including in housing. It came into effect in 2021. However, sexual orientation remains unprotected.
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Until Jan 14, 2021
No protections
Until 2021, there were no protections from discrimination in housing provided to LGBTIQ+ people in Santa Cruz.
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Same-sex adoption in Santa Cruz

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Same-sex adoption in Santa Cruz is legal.

Current status
Since Jul 15, 2010
Legal under federal Argentina law
Same-sex adoption is legal in Argentina.
Until Jul 14, 2010
Single only under federal Argentina law
Until 2010, there was no ability for same-sex couples to adopt in Argentina. However, LGBTIQ+ singles could adopt.
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Intersex infant surgery in Santa Cruz

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Intersex infant surgery in Santa Cruz is not banned.

Current status
Not banned under federal Argentina law
In 2018, Bill No. 7037-D-2018 aimed at banning involuntary and/or unnecessary medical treatments and procedures that modify a person's sexual characteristics was presented in the Argentine Federal Congress, but had not been approved.

In 2019, the Comprehensive Protection of Sex Characteristics Bill (2019) with similar objectives was presented in the Chamber of Deputies of the Argentine Federal Congress, however, in 2021, it was reported that the bill had been withdrawn from consideration.

In 2022, the previous bill was reintroduced in the Chamber of Deputies with the support of several sponsors as Bill No. 6041-D (2022).

Serving openly in military in Santa Cruz

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Serving openly in military in Santa Cruz is legal.

Current status
Since Sep 4, 2020
Legal under federal Argentina law
There has never been a formal ban on the military service of trans people in the Argentine Armed Forces. And in 2021, following decree Law No. 721, military service for trans people began to be encouraged through a system of positive discrimination that began to reserve 1% of all military service vacancies for trans people.
Feb 28, 2009–Sep 3, 2020
Legal under federal Argentina law
Following a military reform law by the Argentine parliament, LGBTIQ+ people can serve in the military since 2009.
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1951–Feb 27, 2009
Illegal under federal Argentina law
The 1951 Argentine Military Justice Code did not explicitly ban LGBTIQ+ people from serving in the military but homosexual acts in the military were penalised until 2009.
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Blood donations by MSMs in Santa Cruz

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Blood donations by MSMs in Santa Cruz is legal.

Current status
Since Sep 16, 2015
Legal
In 2015, Argentina abolished its ban on blood donations from men who have sex with men. This also applies in Santa Cruz.
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Jan 31, 2005–Sep 15, 2015
Banned (1-year deferral)
In 2005, Argentina’s blood donation criteria banned men who have sex with men from donating blood within a 12-month deferral. This law applied to Santa Cruz.
Until Jan 30, 2005
Legal under federal Argentina law
Until 2005, there were no known laws restricting or banning blood donations from men who have sex with men in Argentina.

Conversion therapy in Santa Cruz

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Conversion therapy in Santa Cruz is banned.

Current status
Since Dec 3, 2010
Banned under federal Argentina law
Article 3(c) of the Law on Mental Health (2010) establishes that a person cannot be diagnosed on their mental health exclusively on the basis of their "sexual choice or identity”. It prevents health professionals, particularly psychiatrists, from legally engaging in sexual orientation change efforts (SOCE).
Additionally, at the subnational level, in December 2020, the province of Santa Cruz passed the Integral Law for the recognition and historical reparation of the rights of trans persons (Law No. 3.724), which prohibits "aversion therapies" for trans people under Article 24.
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Until Dec 2, 2010
Not banned under federal Argentina law
Until 2010, conversion therapy was legal in Argentina.
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Equal age of consent in Santa Cruz

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Equal age of consent in Santa Cruz is equal.

Current status
Since Aug 24, 1903
Equal under federal Argentina law
When Argentina decriminalised homosexuality in 1903, the age of consent was the same as for heterosexual sex at 21, although both would be lowered.