Argentina: New ID's for 1,720 transgender individuals since 2012 law; 5,839 same-sex marriages since 2010 law

In 2010 Argentina became the first Latin American nation to adopt a nation-wide marriage equality law.

This summer, Argentina continued its bid to become the most LGBT-friendly country in the world when it also passed what some call the most progressive gender identity law in the world.

The law requires the public health system to provide adequate health services for transgender individuals and grants them the right to change their name and gender designation on government ID's without having to show proof of gender reassignment surgery or a psychological diagnosis.

[In July I wrote about an extraordinary ceremony in which President Critsina Fernandez de Kirchner publicly and personally handed out the first new ID's processed under the law to a number of transgender leaders].

On Thursday the daily newspaper La Nación took a look at both laws and their impact since their passage and spoke to LGBT-rights advocates about what's next for the movement after these amazing victories.

Marriage equality: According to La Nación the latest government records indicate that 5,839 couples have gotten married in Argentina since the marriage equality law went into effect in July of 2010 with the bulk of them taking place in Buenos Aires and surrounding communities. When ranked per capita, other regions also stand out including Mendoza with 389 weddings (at 22.37 per 100,000 inhabitants), Santa Fé with 664 (20.79/100K) and Córdoba with 632 (19.10/100K).

The national number also includes five foreign couples who traveled to Argentina to get married after a March 2012 ruling by a Santa Fé court allowing foreign nationals to get married under Argentine law. The Argentine LGBT Federation says that they are aware of another 50 foreign couples who have registered to get married in 2013 and say that there is a waiting list for other tourists wishing to do the same.

In an article published earlier this month by UPI they put the numbers of same-sex couples married in Buenos Aires at 1,030 - which is lower than La Nacion's numbers by almost 400 couples - but that might just indicate that they were looking at earlier official estimates. Interestingly they note that of those 1,030 marriages only 191 took place in the first half of 2012 indicating a steep decrease in recent same-sex marriages in the nation's capital.

Gender identity law: As reflected by the graphic above 1,720 Argentine individuals have processed changes to their official identification records to reflect their current name and gender representation (there is an interactive version of the graphic on La Nación's webpage which also includes a separate graphic for same-sex marriages).

Those blue dots represent the per capita ranking of each region and what particularly striking is that there have been transgender individuals who have sought official recognition of their identity even in the most conservative areas of the nation.

La Nación also notes that there are only two hospitals in the entire nation accredited to perform gender reassignment surgeries which has resulted in months-long waiting lines for individuals who want to undergo gender reassignment surgery. Indeed, one of the pending challenges LGBT-rights advocates express in the piece is to expand the number of medical centers and staff accredited to provide health care to transgender individuals.

UPDATE: On December 14, 2012, Argentina's Ministry of Interior and Transportation said that all transgender permanent resident immigrants and refugees would also be covered by the gender identity law.  Additional information on the immigrant-friendly aspect of the policy can be found here.

Pending challenges: Combating bullying in schools & lifting a blood donation ban on gay and bisexual men: As LGBT-rights advocates turn their sights on 2013, they tell La Nación that there are two short-term goals.

First, they would like to work with legislators to develop and present an anti-bullying law that would penalize persecution and harassment of students based on their sexual identity and, second, they would like to put an end to discriminatory policies that bar gay and bisexual men from donating blood.

Second, in November of this year the the lower chamber of congress voted to lift a ban on blood donations by gay and bisexual men by an overwhelming vote of 158 in favor, 2 against and 4 abstentions.  A priority for LGBT-rights advocates will be to secure enough votes for a Senate vote expected to take place in March or April of 2013.

If passed and signed into law, Argentina would follow Mexico as the second country in the American continent to lift blood donor restrictions on gay and bisexual men.  The Mexican restrictions were lifted just last week.

Related:

• J Lester Feder: Posts tagged 'Argentina' (After Marriage)
• Argentina stands out as global leader for LGBT rights (Purple Roofs)

Reactions:

• January 2, 2012 Morning Meme (After Elton)
• January 2, 2012 Morning Pride (Think Progress)

Mexico lifts gay and bisexual blood donor ban

A little noticed Mexican health norm first approved in August and then published in the country's regulatory Official Federation Diary on October 26th has gone into effect today essentially doing away with a two-decade ban on blood donations from gay and bisexual men, reports Animal Político.

The old norm (NOM 003-SSA2) explicitly banned gay and bisexual men from donating blood based on their "practices" and their "increased probability of acquiring HIV or hepatitis infection".

The new norm (NOM 253) eliminates specific bans on gay and bisexual men and instead bans blood donations from people with HIV or hepatitis and their partners and people who engage in "risky sexual practices" regardless of their sexual identity.

In the new blood donor norms "risky sexual practices" are defined as those that may include "contact or exchange of blood, sexual secretions or other bodily secretions between someone who might have a transmittable disease and areas of another person's body through which an infectious agent might be able to penetrate."

The United States and a number of Latin American countries which include Argentina, Chile and Colombia have been mulling lifting similar longstanding bans that have been in effect since the HIV/AIDS crisis broke through decades ago.

If this report is correct, Mexico might be the first country in the American continent to lift such a ban.

UPDATE 1 (Dec. 26, 2012): The National Council to Prevent Discrimination (CONAPRED) has released a statement confirming these reports and saluting the new regulations as a step forward in eliminating discrimination.

In the statement, the governmental body applauds the move to base blood donor criteria on risk factors rather than on discriminatory perceptions about certain social groups. Here is a translated excerpt from the statement:

The previous NOM contained several explicitly discriminatory requirements that kept people from donating blood based on their sexual preference or orientation; instead, from now on, medical/scientific criteria will be used to identify pathogens in the blood and the focus will be turned to risky behaviors rather than social groups.

In making these discriminatory distinctions, the [previous] norm explicitly violated the prohibition against discrimination present in the Constitution and the Federal Law to Prevent and Eliminate Discrimination, as well as Article 24 of the American Convention on Human Rights and Article 26 of the International Civil and Political Rights Treaty, among other international instruments of law, which establish that every person is equal before the law regardless of any condition.

In closing, the agency vows to engage administrative and medical entities to make them aware of the new regulations and train them so that the new policy is promptly adopted in order to eradicate the stigma and discrimination contained in the previous norm.

UPDATE 2 (Dec. 28, 2012): GEN, an online site that focuses on genetic engineering and biotechnology, notes concerns raised by CONAPRED that a separate section of the new norm might still discriminate against a group of people. From GEN's article:

The previous NOM requirements explicitly excluded people who could donate blood based on sexual preferences or orientation or even social status, according to Mexico’s National Council to Prevent Discrimination (Conapred), which also points out that despite this progress, there is still a degree of discrimination in the wording in the new NOM ruling. Specifically, subsection 6.10.6.1, Point J, excludes people on a temporary basis from donating blood "[who have] been hospitalized for more than 72 consecutive hours in penal or mental illness. The organization maintains that this subsection stigmatizes prison populations and people with mental disabilities.

Related:

• NOM 253 (Spanish)
• CONAPRED page here

Reactions:

• Mexican gay donor ban is lifted (Rod 2.0 Beta)
• Mexico lifting gay blood donation ban: Report (Huffington Post Gay Voices)
• Mexico lifts blood donation ban for gay and bisexual men (The Advocate)
• Mexican ban on gay, bisexual blood donors reportedly lifted (Xtra! Canada)
• Mexico lifts gay blood ban? (Joe.My.God.)
• Mexico lifts anti-gay blood ban: Report (Towleroad)

Chile, Colombia and Buenos Aires to lift gay blood donor bans?

Photo: "I am not allowed because I am gay" reads a flyer plastered on top of a poster that says "Thanks for donating blood". Image from a 2007 protest organized by the Argentinean Homosexual Community (CHA).

With a number of legislators renewing their push to have a blood donor ban on gay and bisexual men lifted in the United States, the Irish health minister doubling down against a similar push in the European country and the French health ministry taking the opposite road by announcing they are taking steps to lift their own ban, there seems to be an extraordinary amount of international movement on this issue. That includes several countries from Latin America.

Chile: On May 23rd representatives from the Chilean Homosexual Integration and Liberation Movement (MOVILH) emerged from a meeting with the country's health minister, Jaime Mañalich, and announced that the government would stop enforcing a law banning gay men from donating blood. MOVILH had made a similar announcement in 2009 under a different presidential administration but nothing seemed to come from it.

Under current guidelines public and private clinics are required to ask potential donors about their sexual orientation and turn away men who have had sex with other men without protection. The new measure, which will take effect in July, would specifically prohibit clinics from asking the sexual orientation of prospective donors.  This time, the government appears to mean what they say.

In a statement posted on the health ministry's website on May 24th, Minister Mañalich stated that banning gay men from donating blood "made no sense from a scientific standpoint and even less when taking discrimination into consideration".

In the meantime, on June 5th, the MOVILH brought forward two cases in which gay men were kept from donating blood at two medical centers.  At least one of the clinics apologized that same day and said that it was a misunderstanding stemming from brochures left in the waiting room spelling out the old regulations.  The clinic announced they would remove all brochures and await new material from the government come July.

Colombia: Meanwhile, on May 28th, El Espectador reported that the Colombian Constitutional Court had ruled in favor of a man from Bucaramanga who argued that a clinic had discriminated against him when they asked about his sexual orientation and turned him away when he revealed he was gay.

Part of the Court's ruling reads as follows:

The risk of contamination depends on the behavioral risk and not on the donor population; hence, a heterosexual person who has multiple sexual relations with unknown persons without protection on a long term basis than a gay man with a long term partner who uses protection.  The [clinic's] guidelines do not take this into account, which makes them worthless or inadequate.  Furthermore, public policy should focus on selecting all donors based on high risk behaviors, instead of excluding donors based on who they choose to have sexual relations with.

Adding:

This Court has determined that individuals and state agencies should stop perpetuating discrimination against the homosexual community in a manner that sends a message of stigma as in the current case.

The Court also stated that using sexual orientation as criteria was unnecessary because all blood centers are required to test blood donations for HIV.  A 1996 regulation still in the books bans anyone who has had "homosexual relations" in the past fifteen years from donating blood.

The Court ordered the Colombian health ministry to draft new regulations. No word on the health ministry's response so far.

Argentina: In the meantime, a Buenos Aires councilmember has introduced a municipal bill that would ban clinics from asking blood donors about their sexual orientation.

Councilmember Maximiliano Ferraro's bill, introduced just this week, says "information will not be required from donors regarding their gender identity, personal or sexual life, or any other information that discriminated or violates a person's right to their privacy".

If it gains momentum and is passed, it would only apply to Buenos Aires.

In 2006, the Argentinean National Institute Against Discrimination, Xenophobia and Racism (INADI) recommended the Argentinean blood donor ban be lifted and the Argentinean health ministry agreed to take a look at ways to lift the ban.  But the process apparently has since stalled.