Journal of Human Rights, 11:106–125, 2012 Copyright © 2012 Taylor & Francis Group, LLC ISSN: 1475-4835 print / 1475-4843 online DOI: 10.1080/14754835.2012.648153 The Construction and Enactment of Same-Sex Marriage in Argentina SHAWN SCHULENBERG This article examines how same-sex partnership recognition (SSPR) was enacted into policy in Argentina. It begins by looking at the history and structure of the lesbian, gay, bisexual, and transgender (LGBT) movements to explain why same-sex marriage, and not civil unions, became the primary goal. Next, it considers what the constitutional and statutory law was before the marriage bill passed and through which branches of government the law potentially could have been changed. Then it looks at how the LGBT social movement organizations have engaged with the three branches of government to advance the goal. Using an institutional lens, it then argues that elite allies and institutions amenable to change were critical to implementing the law recognizing same-sex couples. In Argentina, all three branches historically have had significant institutional powers to change the law, but lesbians and gays have had a hard time securing friends in these positions. Within this institutional framework, change was only possible after a significant number of allies—most importantly the President—supported same-sex marriage. Introduction Argentina made headlines in 2010 as the first country in Latin America to recognize same-sex marriage nationwide. With great fanfare, the legislation passed both chambers of the National Congress and was signed by President Cristina Fernandez de Kirchner in a nationally televised ceremony. For a region often characterized for its machismo and Catholic culture, this took many around the world as a surprise. How can we explain why Argentina took this giant leap while other more economically developed countries, such as the United States (Smith 2007), have made less progress on this issue? Also, why did Argentina ultimately recognize marriage instead of civil unions or domestic partnerships? This article uses a cultural-institutional framework to explain how same-sex marriage went from being an idea in the international system to adopted domestic policy in Argentina. It will begin by examining the lesbian, gay, bisexual, and transgender (LGBT) movement in Argentina. For a movement to be a successful, we must assume that (1) it has political power and (2) actually wants same-sex marriage. While the Argentine movement had a mixed record of success in passing public policy, it was (mostly) united Shawn Schulenberg (PhD, University of California, Riverside) is assistant professor of political science at Marshall University. His research is centered around issues of sexuality and politics, with a focus on Lesbian Gay Bisexual Transgender (LGBT) movements in Latin America. He is coeditor and contributor to Same-Sex Marriage in the Americas, Policy Innovation for Same-Sex Relationships (Lexington Books, 2010), and Same-Sex Relationship Recognition in Latin America: Promise and Resistance (Lexington Books, forthcoming). Address correspondence to Shawn Schulenberg, Department of Political Science, Smith Hall 739A, One John Marshall Drive, Marshall University, Huntington, WV 25755, USA. E-mail: schulenberg@marshall.edu 106