In a landmark victory for South American LGBT activists, a Colombia high court ruled last week that adoption agencies could not discriminate against same-sex couples.
The decision, met with heated criticism from the Catholic Church and right-wing lawmakers, makes it easier for gay couples to adopt and recognizes a person as the lawful parent to their partner's biological child; the Constitutional Court found adoption discrimination deprives children from landing with deserving families.
"A person's sexual orientation or gender are not in and of themselves indicative of a lack of moral, physical or mental suitability to adopt," said chief justice Maria Victoria Calle Correa following the 6-2 ruling. Correa was one of the justices refuting the argument that same-sex couples are unfit parents.
Colombia is one of a handful of Spanish-speaking countries to pass same-sex adoption legislation over the last five years. Uruguay made it legal for couples in 2009; Argentina in 2010; and Mexico and Puerto Rico did so this year. Chile, Bolivia, and Ecuador grant LGBT adoption rights solely to individuals.
LGBT rights remain a touchy subject in overwhelmingly Roman Catholic nations of Central and South America; populations which the Catholic Church says remain opposed to same-sex unions. The church decried last Wednesday's ruling on grounds that it represents neither democracy nor the Colombian people's beliefs.
"Our protest is emphatic," church spokesman Monsignor Juan Vicente Cordoba told RCN TV. "We have the right so that the voice of the majority of Colombians is heard. The court is there to take care of the laws, not change them."
Less than one percent of children in U.S. households live with same-sex parents, according to LGBT adoption service Lifelong Adoptions. Sixteen states explicitly allow joint gay adoption, but most place strict restrictions on who can adopt and often decide on a case-by-case basis. Couples in Mississippi and Utah can't legally adopt at all.
"Many states still have barriers for LGBT people or couples who wish to adopt," said Tarah Demant, Senior Director of the Identity and Discrimination Unit for Amnesty International USA. "The U.S. should look to Colombia and ensure that no state discriminates against a would-be parent because of that person's sex, gender, or sexuality."
The uphill battle for LGBT equality is just as prevalent in the U.S. as in Latin America. This and immigration are shaping up to be pivotal topics ahead of the 2016 presidential election; each which seem to vary by political and religious affiliation.
A Middle Tennessee State University poll conducted last month found 57 percent of registered voters oppose same-sex marriage. Views of the participants, which predominately identified as evangelical Christians and/or Republican, contrasts with a national Gallup poll taken in May.
A record 60 percent of Americans said they supported same-sex marriage; a 33 percent uptick over the last two decades. While no more than 20 percent of GOP voters favored legislation in 1996, Gallup found 37 percent believed marriages should be legal this time around.
Latina American states are more stringent than the U.S. when it comes to the gay community. Even the Colombian court's adoption ruling didn't come easy. Similar efforts from liberal Colombian lawmakers stalled, and legislation only passed because it was decided by the top court rather than Congress.
"Countries must address discrimination and homophobia in all facets of life, including the right to adoption," Demant said. "A shift is needed in many countries for governments to take LGBT rights seriously, and we're seeing more and more people raise their voices for LGBT rights across Latin America. That's the first step to real change."