The names of the involved parties have been withheld to protect their privacy, but Madrid newspaper El Pais reported that the mother was previously married to a much older man, with a daughter from a previous marriage. When he passed away in 2010, the two women grew closer and eventually began a romantic relationship. In November 2016, they applied for a marriage license but were rejected under Argentine Civil Code, which makes it illegal for a parent or guardian to marry their child under any circumstances.
The mother and stepdaughter, aged 33 and 32, respectively, sued, claiming that the suit violates their civil liberties. The judge, Ricardo Dutto, agreed, and declared that section of the Civil Code unconstitutional. Translated from Spanish, Dutto’s decision read, "The Constitution implicitly guarantees every citizen the right to pursue their own happiness, which implies the right to be decently treated by the law in all dimensions of life, among which [is] marriage." He authorized the marriage, and the women plan to marry as soon as possible.
While there is some uproar in the Spanish-speaking world over the precedent, almost none is related to the marriage being between two women. Argentina is known in South America for its progressive attitude toward same-sex relationships, with a 2013 Pew Research Study finding 74 percent of the population supporting homosexuality. Argentina was the first Latin American nation to legalize same-sex marriage, in 2010. Since then, Uruguay, Brazil, parts of Mexico, and most recently Colombia, have done the same.
Argentina’s capital Buenos Aires has been called by numerous outlets (including Pan American World and Fusion) "the gay capital of South America". The city has reaped the benefits of this reputation, as LGBT people travel a disproportionate amount, compared to the average person. Buenos Aires’s reputation for being gay-friendly is said to be part of the reason why it has experienced a tourism boom. In 2015, the Buenos Aires Herald reported a 13 percent increase in foreign tourism.
