ABSTRACT

This chapter examines how same-sex partnership recognition (SSPR) was enacted into policy in Argentina. It focuses on the history and structure of the lesbian, gay, bisexual, and transgender (LGBT) movements to explain why same-sex marriage became the primary goal. The chapter considers what the constitutional and statutory law was before the marriage bill passed and through which branches of government the law potentially could have been changed. It discusses how the LGBT social movement organizations have engaged with the three branches of government to advance the goal. The chapter examines that elite allies and institutions amenable to change were critical to implementing the law recognizing same-sex couples. In Argentina, all three branches historically have had significant institutional powers to change the law, but lesbians and gays have had a hard time securing friends in these positions. Within this institutional framework, change was only possible after a significant number of allies-most importantly the President-supported same-sex marriage.