El activismo LGBT+ para el matrimonio igualitario en Chile: visibilidad pública, movilización legal y tenacidad legislativa

This article delves into the social, political and judicial processes that led Chile, a historically conservative country in terms of sexuality, gender and family, to approve a law recognizing marriage and parentage for same-sex couples in 2021. To this end, the empirical design combines 42 semi-structured interviews with activists, lawyers, judges, presidential advisor, and parents; 490 newspaper articles; 11 judicial records as well as the parliamentary discussions for 2 draft bills. Based on these data, we propose a genealogy of the Bill on Equal Marriage, which highlights both the political dynamics of the medium term - the post-dictatorship period - and of the short term - the ‘Chilean October’ of 2019. We analyze the articulation of three spaces of mobilization: in the media, in Courts, and in Parliament. Indeed, gay and lesbian activism has been able to articulate strategies in order to overcome the inherent blockages in each space and broaden its support. As for the justice system, we show the connexions be-tween the national, inter- and supranational levels. Notably, strategic litigation in lower courts has used the international framing of LGBT rights as human rights. Moreover, the article shows that legal mobilization, which is usually approached in common law systems has proven to be an effective channel for influencing policy makers in the Chilean civil law system as well.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Citations
1
Primary Topic
Diverse Scientific and Economic Studies
Type
article
Field-Weighted Citation Impact
3.13
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article

El activismo LGBT+ para el matrimonio igualitario en Chile: visibilidad pública, movilización legal y tenacidad legislativa

1 citations
Dialnet (Universidad de la Rioja)
Diverse Scientific and Economic Studies
3.13
article

El activismo LGBT+ para el matrimonio igualitario en Chile: visibilidad pública, movilización legal y tenacidad legislativa

article en
1 citations

Abstract

This article delves into the social, political and judicial processes that led Chile, a historically conservative country in terms of sexuality, gender and family, to approve a law recognizing marriage and parentage for same-sex couples in 2021. To this end, the empirical design combines 42 semi-structured interviews with activists, lawyers, judges, presidential advisor, and parents; 490 newspaper articles; 11 judicial records as well as the parliamentary discussions for 2 draft bills. Based on these data, we propose a genealogy of the Bill on Equal Marriage, which highlights both the political dynamics of the medium term - the post-dictatorship period - and of the short term - the ‘Chilean October’ of 2019. We analyze the articulation of three spaces of mobilization: in the media, in Courts, and in Parliament. Indeed, gay and lesbian activism has been able to articulate strategies in order to overcome the inherent blockages in each space and broaden its support. As for the justice system, we show the connexions be-tween the national, inter- and supranational levels. Notably, strategic litigation in lower courts has used the international framing of LGBT rights as human rights. Moreover, the article shows that legal mobilization, which is usually approached in common law systems has proven to be an effective channel for influencing policy makers in the Chilean civil law system as well.

Dialnet (Universidad de la Rioja)
Gender equality
Openalex Percentile: Top 6%
Diverse Scientific and Economic Studies
3.13
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El activismo LGBT+ para el matrimonio igualitario en Chile: visibilidad pública, movilización legal y tenacidad legislativa · Dialnet (Universidad de la Rioja) (2025) | TGRS Research Map | TGRS