Beyond marriage: LGBT families in Spain. José Ignacio Pichardo Galán, Universidad Autónoma de Madrid Conference on LGBT families in Europe 4-6 March 2008 Ljubljana (Slovenia)

Changes From Franco’s dictatorship: –Catholic conceptions of family. –Persecution of homosexualiy. To the newly democratic Spain’s 1978 Constitution: –Tolerance and openness to sexuality (heterosexuality). –End of 1970s: legalization of homosexuality. –1980s: fall in LGBT activism. –AIDS epidemic: discrimination and visibility. –From 1995: LGBT movement boomed. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987): –any single person, heterosexual or not, is allowed to adopt a child individually. –unmarried different-sex couples are allowed to adopt jointly. –Spain is the 2nd country in the world for international adoptions: multiracial families. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques (1988): –any woman, married or not, heterosexual or homosexual, can use ART. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes 10% of the women who use these techniques are not married. Percentage of lesbians? 20% foreigners (Portugal, Italy, France, Morocco and United Kingdom). Surrogate motherhood is not allowed. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques, (1988). Regional laws for registered partnership ( ): –same-sex couples can register themselves. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques, (1988). Regional laws for registered partnership ( ): –same-sex couples can register themselves. –in some regions, they can adopt jointly (without marrying). 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques (1988). Regional laws for registered partnership ( ). Same-sex marriage (2005): 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques (1988). Regional laws for registered partnership ( ). Same-sex marriage (2005): –social consensus (3% in 1973 / 66% in 2004), 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Do you think homosexual couples should have the right to marry? CIS, June Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques (1988). Regional laws for registered partnership ( ). Same-sex marriage (2005): –social consensus (3% in 1973 / 66% in 2004), –Conservative and Catholic Church resistances, 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Arguments against gay-marriage: It is unnatural The best interest of children Not having appropriate gender models Confused Can get bullied Homosexuals are prone to: promiscuity, drugs, sexual abuse, mental instability, higher rates of HIV-AIDS No society recognizes same-sex marriage Threatens the economic system (social security will bankrupt) A virus on society Not recognized outside the country Why being experimental? 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Madrid, 18 th June 2005, anti-gay marriage demonstration: “FAMILY DOES MATTER” 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques (1988). Regional laws for registered partnership ( ). Same-sex marriage (2005): –social consensus (3% in 1973 / 66% in 2004), –Conservative and Catholic Church resistances, –overcoming resistances. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Democracy / Spanish Constitution International influence: European resolutions and declarations. LGBT and Human Rights movement Reason vs religion Citizens defines “marriage”: A majority of Spaniards voted for same-sex marriage. Gay and lesbian activist in political parties Political opportunity Visibility: Social acceptance “Love” as a symbol LGBT movement presented as united for “gay marriage” Citizenship: no equal but separate rights. Children living in LGBT families: Andalusia and Madrid Study (2002): no significant differences 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Madrid Gay Pride Demonstration Attendance 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Changes Adoption Law (1987). Law on Assisted Reproductive Techniques, (1988). Regional laws for registered partnership ( ). Same-sex marriage (2005). Gender Identity Law (2007): –2006 New Law on ART was revised to automatically recognize filiation rights for married lesbian couples. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Queers and families Not a discourse about “chosen families”. Friends are friends, not family, although they can be “as family”: they are important anyway. What’s a family? –Partners, sometimes family, sometimes not. –More than two to be family (children). Having children in LGBT’s life horizons. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Queers and families Paternity among Spanish LGBs (N=263) 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Queers and families Schools as a mayor preocupation for LGBTs with children. Law on Education (2006): –Respect for sexual and familiar diversity has to be taught at school. Education for Human Rights and Citizenship: –Fight against homophobia and recognition of diverse forms of families. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Students conceptions of family (N=4,643): 85% students wouldn’t find relevant the fact that a classmate lives in an LGBT family and/or they would support him/her. 2,8% would not talk to him/her, and 2,6% would bully him/her Queers and families A couple of man and woman with their children (nuclear heterosexual)89,6% A single mother with her children (monoparental)73,4% A divorced man with children married with a woman with children (step family)65,9% A couple of two women and their children that live together without getting married (homoparental) 55,8% A child living with his foster father (non biological paternity)54,1% A couple of man and woman without children (heterosexual de facto couple)53,9% A couple of two married men without children (homosexual couple)40,1% A person with no couple that lives alone (unipersonal)10,5% 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Queers and families Not a detachment between the groups they create and biological families. Recognition from and integration with their biological families: –as a homosexual person, –of their partner (if they have one), –of their offspring if they have any (or their partner’s). Ritual moments. Important for the biological family to keep their relation with the homosexual member. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Queers and families Discourses about “new families”. Reproduction for recognition. Breaking the link of heterosexuality- filiation-alliance- intercourse. “Life experiments”. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Norms in practice Census: –10,474 homosexual couples (0.11%) Spanish National Statistic Institute: –1,275 homosexual couples got married (0.61%) Spanish National Statistic Institute: –4,574 homosexual couples got married (2.16%) By Dec Spanish LGBT Federation: –150 same-sex joint adoption, –42 divorces. UK: inscriptions in the first year! 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Norms in practice Who is getting married? –people in long-term relationships with common possessions, –couples in which one member is ill or about to die, –couples with offspring (in order to adopt the other partner’s son/daughter), –couples in which one of the partners needs to solve their immigration situation. –some couples refer to a “romantic activism” to get married. Social recognition. * * * * 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Norms in practice 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future Marriages in 2006

Norms in practice 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Norms in practice Homophobia: –Absence or members of the family during the wedding. –Not taking days off / Not saying it at work. Reasons not to marry: –Public outing. –International adoption. –Homosexuality illegal in home country. –Not sharing marriage values. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Challenges and future Not legal equality: –Filiation rights recognized but only automatically if married and using ART in clinics. –Unmarried, unregistered same-sex couples cannot adopt jointly. Public policies: –No budget and many resistances. Homophobic judges. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Challenges and future Judge Calamita: –Prevented a woman to adopt her spouse biological daughter (ART). –Took away custody of her daughter from a mother because of being lesbian. –Fined and suspended. Fear from LGBT parents 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Challenges and future Not legal equality: –Filiation rights recognized but only automatically if married and using ART in clinics. –Unmarried, unregistered same-sex couples cannot adopt jointly. Public policies: –No budget and many resistances. Homophobic judges. Conservative party (Rajoy): –Abolish same-sex marriage. 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future

Challenges and future “I won’t allow the conservative candidate to deny rights to any single family” 1.Changes 2.Specificity or queer families in Spain 3.Norms in practice: getting married or not 4.Challenges and future