LGBTQ rights in Argentina

[7][8] Because of the law, as well as the creation of alternative schools and the first transgender community centre, BBC Mundo reported in 2014 that "Argentina leads the trans revolution in the world.

In a 2020 Pew Research Center poll, Argentina was ranked the South American country with the most positive societal attitudes towards homosexuality, with about three-quarters (76%) of those surveyed saying it should be accepted.

[15] The arrival of the Spanish Empire in the 16th century resulted in the spread of Christianity in Argentina, which in turn introduced negative attitudes towards homosexuality.

The Spanish reportedly referenced the indigenous peoples as "savages" for engaging in homosexual activity, and called the Mapuche the "sodomites of Patagonia".

[17][18] During the nineteenth century, writings on homosexuality treated it as a medical pathology, an accusation to be levied against political opponents or something brought into the nation by foreigners.

Driving the creation of Nuestro Mundo was the dictatorship of Juan Carlos Onganía whose regime heavily suppressed and subjugated members of the LGBT community.

Nuestro Mundo eventually combined with other activist groups—Safo, El Grupo Profesionales, Emanuel, Alborada, Bandera Negrea, and Eros—to establish the Frente de Liberación Homosexual (FLH) in 1971, which lasted until 1976.

For instance, FLH was less concerned with establishing a consolidated democracy; instead it was focused on generating freedom and equality via anti-imperialism and "working-class politics", hence the alliances with leftist organizations that were not necessarily involved primarily in LGBT activism.

In preparation for the 1978 World Cup, which was being held in Argentina, the military—and possibly local police as well—underwent a "cleansing" process in which they arrested, beat, and violently suppressed members of the LGBT community.

In 2015, a judge reduced the sentence of a man convicted of raping a six-year-old boy, on the basis that the young child had a "homosexual orientation".

[32] Agence France-Presse reported that Aníbal Fernández called for the impeachment of the judges that made that decision, describing it as "one of the biggest disgraces we've ever seen in this country".

The laws approving civil unions for same-sex couples in both the city of Buenos Aires and the Río Negro Province were endorsed in 2002 and 2003, respectively, and in the town of Villa Carlos Paz in 2007.

[36] An early 2007 poll showed that 75% of those surveyed in the city of Buenos Aires believed that gays and lesbians should be allowed to marry,[37] whereas 66% of Argentines supported same-sex marriage in 2009, if consideration was given to the whole country.

[38] In November 2009, a judge ruled that the prohibition of same-sex marriage was unconstitutional and permitted a male couple, Alex Freyre and Jose Maria Di Bello, to be married.

The decision was hailed as a "legal first" by Reuters who said it was "setting a precedent that could pave the way for the Catholic country to become the first in Latin America to allow same-sex marriage".

[40][41] Macri said that the decision was "an important step, because we must learn how to live in freedom without hurting the rights of others",[42] later adding that "we must cohabit, and accept this reality.

[45][46] They were supported by the Governor of Tierra del Fuego, Fabiana Ríos, who signed a decree approving the wedding based in the judicial rule of November 2009 (2009-11).

Because that decision applied only in the case presented by Freyre and Di Bello, other same-sex couples had to appeal to the Judicial Power, wait for the resolution of unconstitutionality and then go to Tierra del Fuego to marry.

On 13 August 2010, the Chamber of Deputies approved an amendment to the anti-discrimination law banning discrimination based on sexual orientation and gender identity, but it was not voted by the Senate.

[66] In 2012, the Penal Code was amended to provide a penalty of up to life imprisonment for hate crimes based on sexual orientation, gender identity or expression.

This law grants adults sex reassignment surgery and hormone therapy as a part of their public or private health care plans.

One of the provisions of the law allows gay, lesbians and bisexuals to serve in the military and bans discrimination on the basis of sexual orientation within the armed forces.

Critics pointed to its failure to cater to people living with other STDs apart from HIV/AIDS and for this reason, two different projects were presented in 2016 and 2018 with the aim of modifying the existing 1990 law.

According to this project,[91] the law should be modified to declare a national interest not only in the fight against, prevention, diagnoses, investigation, control and integral treatment for AIDS, but also for hepatitis and other sexually transmitted diseases.

Regarding what the 1990s law stated about the investigation of donors whose organs will be transplanted, this new project holds the same view while also including the previously mentioned diseases.

Homosexuality, transgender people and same-sex relationships were viewed as "disordered", "decadent" and "sub-human" by society, the military regime and the Catholic Church.

Other legal reforms include enacting a hate crime law to cover sexual orientation and gender identity, the legalisation of civil unions, allowing same-sex couples to adopt, allowing gay and bisexual men to donate blood, banning conversion therapy, and the passage of a transgender recognition law, which led the BBC Mundo to state that "Argentina leads the trans revolution in the world."

Outside Buenos Aires, there are visible LGBT scenes in Córdoba, Rosario, Mendoza, Puerto Madryn, Ushuaia, and Mar del Plata.

In May 2015, PlanetRomeo, an LGBT social network, ranked Argentina as the second happiest South American country for gay men, after Uruguay.

[97] A 2020 Pew Center Research opinion poll ranked Argentina the most positive South American country in regards to societal attitudes towards homosexuality, with about three-quarters (76%) of those surveyed saying it should be accepted.

Plaza de Mayo during Buenos Aires' pride parade in 2010
A rainbow flag at the 2009 Buenos Aires Pride parade