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New Bolivia constitution would ban gay bias, marriage
Posted: 12/29/2007, 10:35 AM

 
Bolivian President Evo Morales successfully pushed a draft constitution through the national assembly that both bans gay marriage and bias based on sexual orientation.

A new constitution for Bolivia approved by the national assembly this month includes a ban on gay marriage that went virtually undiscussed during the legislative process, La Prensa reports. The document, proposed by President Evo Morales, also includes a provision banning discrimination on the basis of sexual orientation. Gay groups welcomed the latter provision, calling it a step forward, but they complained that the constitution offers no legal recognition for gay couples.

Opposition groups have promised a massive effort to defeat the proposed constitution, which still must be approved by referendum some time next fall, because it grants Morales indefinite right to re-election and cedes land rights to the country's indigenous majority. Morales, the first indigenous president, is closely linked to Venezuelan President Hugo Chavez, whose own proposed constitution was rejected in a surprise popular vote earlier this month.

Assemblyman Norah Martinez, who served on the Committee of Rights, Duties and Guarantees, expressed surprise at complaints from gay organizations, claiming the panel received no proposals for them concerning protections against discrimination based on sexual orientation.

"We -- meaning the Assembly -- have not received any proposals to recognize gay marriage," Martinez told La Prensa, adding that such a proposal would not have succeeded because Bolivia is a conservative, majority Catholic country.

Article 14 of the draft constitution prohibits discrimination on various grounds, including sexual orientation. Dana Galan, part of the gay organization Galan Family, said that the proposed text does not incorporate the group's real claim, which is the recognition of sexual diversity.

"Why we are asking for gay marriage?" said Galan. "Because it is a way to recognize all of our rights as equals to heterosexual people."

 
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