LGBT RIGHTS: ON THE USA AND BRAZIL

 LGBT RIGHTS: ON THE USA AND BRAZIL 
Introduction Lesbians, Gays, Bisexuals and Transgender (LGBT) issues have continuously triggered debates and controversies among various individuals across the globe. The rising concerns leading to the differences in opinions regarding LGBT emanate from the point of perceptions, cultural beliefs, religious values and political basis. Due to the dynamics of not accepting the existence of the LGBT people by some individuals in their communities, the LGBTs have found it hard to express themselves freely and enjoy equal rights just like a regular citizen should (Dolan, 2013). For instance, in the United States, the LGBT patients did not have visitation rights until a directive from the Whitehouse was issued. In some communities, extreme measures have been taken against individuals suspected to be lesbians or gays. Because of the way the public view the LGBT people, it is disheartening and traumatizing for most of them to come out and express themselves openly. Some have been forced to lead double standards. However, the situation has changed in different nations and states in America where laws and policies have been developed to support and protect the LGBT community. As a minority group, the LGBT community has struggled over the years to have their rights respected. Despite the existing disagreements surrounding the LGBT rights, several states in the United States of America and Brazil among others have demonstrated recognition and acceptance of the lesbian and gay community through the passing and legalization of gay marriages. Several governments have issued bans on discrimination on grounds of sexual orientation and gender identity in the workplace and other areas where the lesbians and gays got unequal treatment (Lax & Phillips, 2009). To reinforce the passed laws, human rights activists together with political leaders have taken center stage in advocating the adoption of the legalized LGBT RIGHTS: ON THE USA AND BRAZIL 3 policies. President Obama has been on the forefront advocating it. In that regard, this paper will compare and contrast the policies of LGBT rights in the United States and Brazil. Discussion One of the policies considered significantly within the LGBT rights is the same-sex marriage. Gay marriage is currently legal both in the United States and Brazil giving the LGBT persons the freedom to decide who they wish to share their life with. In Brazil, same-sex marriages were legalized in 2013 when the Brazil's national justice council overruled the earlier decision that only allowed same-sex civil unions. Basing on the text by Pierceson, Piatti-Crocker and Schulenberg (2013) same-sex unions had been recognizable by law since 2004 in Brazil. The 2013 decision came as a relief to most couples who had the intention of converting their union into a full marriage. The resolution barred authorities, which are authorized to legalize marriages, to recognize and conduct same-sex marriages as they did with regular unions (Unzelman, 2011). However, in 2011, the Brazil's Supreme Court made it possible for same-sex marriages to enjoy almost all the rights granted to heterosexual married couples. These rights provided by the policy include social security, welfare benefits, inheritance tax, pension, income tax, joint property ownership, immigration, health benefits, prison and hospital visitation and adoption rights. Also, the policy allowed the gays and lesbians the right to surrogacy. As such, Brazil recognized the need for individuals in same-sex marriages to adopt children. Despite the decision by the court to grant the LGBT people their right to adopt children, it was met with a mixed response (Pierceson, Piatti-Crocker & Schulenberg, 2013). The opposition intensified given that Brazil is largely a Roman Catholic-dominated nation whose values and practices despise same-sex marriages. The Catholic system upholds a family unit made up of a woman and a man. The critics, who are against LGBT adoption, argued that kids LGBT RIGHTS: ON THE USA AND BRAZIL 4 were better off in a proper union with a mother and father. Again, the idea of joint property ownership allows partners to accumulate resources together. In the event of divorce, either partner is entitled to a share of the wealth which is beneficial. Also, the right to inheritance provides for each partner the legality to receive properties in the event of the demise of the other partner. Such provisions have made it possible for gay unions to lead stable marriages and families. In the United States, the Supreme Court’s declaration of the legalization of same-sex marriage in June 2015 did not come as a surprise to many as the push for its legalization had been advocated widely (Supreme Court of the United States, 2015). With a 5-4 decision by the U.S Supreme Court judges, the policy took effect immediately in all the 50 states. The judges led by Justice Anthony Kennedy in a majority opinion claimed that the constitut