[7][8] On 21 July, the Council of State, Homero Acosta Álvarez, said that the draft constitution included a provision that defined marriage as a "union between two people".

In his first interview since taking office in April, he told Telesur that he supports "marriage between people without any restrictions", and is in favor of "eliminating any kind of discrimination in society".

[17][18] Pressure from religious fundamentalist groups and deep-rooted conservatism in Cuban society were factors in defining marriage with vaguer wording instead of "a union between two people".

[19] In December 2018, the final draft of the new constitution was ratified by the National Assembly and defined marriage as a "social and legal institution" without reference to the gender of the parties.

Likewise, parents are no longer defined by their sex, since Articles 30 and 31 allow same-sex adoption and explicitly grant the right of paternity to couples who use the various forms of assisted reproductive technology.

[28][29] Subject to a popular consultation period from 15 February 2022, the project was criticized by some pro-LGBT activists, who argued that a fundamental right should not need to be put to a referendum.

The referendum process is also taking place against the backdrop of a wave of same-sex marriage legalization in the rest of Latin America, adding to frustrations among Cuba's LGBT community regarding the slow pace of change compared to nearby jurisdictions.

[30][27] In addition to LGBT issues, the new Family Code also includes greater protection for children and adolescents, the co-responsibility of parents in their education, and strict equality of rights between men and women.