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AbstractThis paper examines the history of the LGBT + movement in Chile, the opposition to LGBT + rights, and the general state of public opinion. This should set us up to see how strong of an actor these social movement organizations, what their desires are, and how well equipped they are to take on the opposition. Second, we will consider the legal status quo of same‐sex unions. Does the Constitution take a stand on it or must we look elsewhere in the law to see how marriage is defined? Moreover, this should also tell us if we can use all three branches of government to change the law. The next section of the paper will methodically examine the power and preferences of actors in all three branches of government. Who has the power to change the law for same‐sex partnership recognition? Finally, this paper explains why the presidency played a key role in passing civil union legislation, but there is still reason to be skeptical that marriage or adoption rights will be recognized anytime soon.

This dissertation examines how the international idea of same-sex partnership recognition (SSPR) becomes enacted into domestic policy in Argentina and Brazil. It begins by looking at how the leading LGBT social movements in each country understand and prioritize the battle for same-sex unions. These understandings ultimately determine how far reaching an enacted law may go. Next, it explains what the current constitutional and statutory law is in each nation today and through which avenues it potentially could be changed. The second half of the work systematically compares how the LGBT social movement organizations have engaged with the three branches of government to advance their goals. What it finds is that Brazilian LGBT groups have long had elite allies within all three branches of government, but these leaders have not had the institutional capacity to affect change. In Argentina, on the other hand, all three branches have significant institutional powers to change the law, but lesbians and gays have had a harder time securing friends in these positions. The result is that movements in both countries have not yet achieved success. However, some recent changes in both of these southern cone nations have made SSPR a real possibility: the Brazilian Supreme Federal Court, with new and expanded powers, may soon decide in favor of stable unions for same-sex couples. Moreover, allies in the Argentine Senate are expected to soon approve a bill granting full same-sex marriage rights. The final chapter concludes with a brief look at how the variables identified in these cases function in three other Latin American countries.

This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas