Jordi Díez

Explaining Policy Outcomes The Adoption of Same-Sex Unions in Buenos Aires and Mexico City

Over the past decade, several Latin American jurisdictions have extended rights to sexual minorities. Yet political science attention to this development has been scant, and scholars know little about the factors that have led to these unprecedented policy changes. This article fills this gap and explains policy outcomes in a notoriously understudied policy area by comparing the two jurisdictions in Latin America that were the first to adopt same-sex unions: Buenos Aires and Mexico City. The article first argues for the usefulness of engaging theoretical approaches to the study of social mobilization in policy analyses. Based on extensive field research, it subsequently advances the argument that the passage of these pieces of legislation in both cities is largely the result of the ability of very-well-organized activists to present an effectively framed policy within rare and favorable political conditions.

Comparative public policy in Latin America

PART I: POLICYMAKING AND POLICY PROCESSES Chapter 1. Thinking about Politics and Policymaking in Contemporary Latin America Susan Franceschet (University of Calgary) and Jordi Diez (University of Guelph) Chapter 2. Presidentialism and Policymaking: The Case of Mexico Jordi Diez Chapter 3. The New Institutionalism and Industrial Policymaking in Chile Judith Teichman (University of Toronto) Chapter 4. Turbulent Times: Structural Reforms, Crisis, and Labour Policy in Argentina Viviana Patroni (York University) and Ruth Felder (University of Buenos Aires) PART II: ADVOCACY AND POLICY CHANGE Chapter 5. Public Policy by Other Means: Playing the Judicial Arena Catalina Smulovitz (Pennsylvania State University) Chapter 6. Federalism, Advocacy Networks, and Sexual Diversity Politics in Brazil. Juan Marsiaj (University of Toronto) Chapter 7. Agenda Through Dispute: The Case of the Zoilamerica Narvaez - Daniel Ortega Controversy Delphine Lacombe (Ecole des Hautes Etudes en Sciences Sociales) Chapter 8. Transnational Policy Networks and Public Security Policy in Argentina and Chile Mary Rose Kubal (St. Bonaventure University) PART III: OLD AND NEW DIRECTIONS IN SOCIAL POLICY Chapter 9. The Limits of Anti-Poverty Policy: Citizenship, Accountability, and Neo-Clientelism in Mexicos Oportunidades Program Lucy Luccisano (Wilfrid Laurier University) and Laura Macdonald (Carleton University) Chapter 10. Gendering Welfare State Regimes in Latin America: Argentina in Comparative Perspective Debora Lopreite (Carleton University) Chapter 11. Social Policy Reform and Continuity under the Bachelet Administration Rossana Castliglioni (Universidad Diego Portales) Chapter 12. Comparing Public Policy in Latin America: Toward a Research Agenda Jordi Diez and Susan Franceschet

Institutionalizing Same-Sex Marriage in Argentina and Mexico: The Role of Federalism

The implementation of same-sex marriage in Argentina, enacted in 2010, did not encounter any obstacles whereas in Mexico it has failed to become institutionalized even though it is now a constitutional right. This chapter explores these differences, arguing that the answer is found in political institutions and, specifically, in the types of federalism of the two countries. Both Argentina and Mexico possess institutional designs that divide power vertically along clearly demarcated federal systems of government. In Mexico, family law is enacted by sub-national jurisdictions through civil codes. In Argentina, family law is set by the country’s national civil code, which means that the approval of same-sex marriage simply required a change in the definition of marriage in that legislation. In Mexico, on the other hand, the fragmentation of family law through its federalism has resulted in the judicialization of the process, making same-sex marriage more difficult to implement or institutionalize.

Lesbian and Gay Activism in Latin America

Lesbian and gay activism in Latin America exhibits features that manifest themselves in other parts of the world, it possesses a variety of specificities that are the result of colonialism, indigenous characteristics, and the influence of global processes. Chief among these are fluid understandings of sexuality, the historical omnipresence of one religion and, more recently, the adoption of more contemporary conceptualizations of sexual citizenship. While movement characteristics vary across Latin America, in recent years, several gay and lesbian movements have assumed a collaborative approach with governments and have been very successful in attaining a variety of policy objectives, ranging from antidiscrimination legislation to same-sex relationship recognition.