LGBTQ+ rights are fairly new to Puerto Rico. It was not because the people in power deemed them “fundamental” on their own, but because the protests, marches, and discussions by organizations around the island opened the doors to creating them. Even though LGBTQ+ History Month is already over, it is no less important to remember the great milestones of laws, codes, and executive orders, both federal and statewide, that created a cultural shift in Puerto Rican society. This article gives a chronological overview of the moments that have shaped the LGBTQ+ space in the island to answer one simple question: Why are these laws so important?
Retrieved from Unsplash
Legalizing homosexuality
In Puerto Rico, the early 2000’s can be interpreted as the beginning of queer rights. The Lawrence vs. Texas case of 2003 reached the U.S. Supreme Court because of John Lawrence and Tyler Garner, who fought their arrests for sodomy by claiming it was a violation of privacy. With the Court’s decision to declare the criminalization of sodomy as unconstitutional, many states and U.S. territories, like Puerto Rico, adopted the decision to legalize homosexual conduct. This gave LGBTQ+ organizations, like “La Comunidad de Orgullo Gay” (Gay Pride Community), founded in 1973, a legal starting point to fight for bigger queer rights and initiatives.
Retrieved from Unsplash
Protections against discrimination in the workforce
Using the momentum of Lawrence vs. Texas, Puerto Rico took a big step when it created the “Law for the Comprehensive Protection of the Rights of the LGBTQ individuals” (Act 22-2013). Faced with widespread discrimination that ended with terminations or denial in employment solely because of sexual orientation, a need for equality and inclusivity in the workplace was needed. This legislation provided explicit protections against discrimination based on sexual orientation and gender identity in areas like employment, housing, and public accommodations. This law proved to be a decision in the right direction because it showed the commitment to transform the island into a more accepting society. However, the same level of protection for goods, services and, essentially, for all other aspects of life is still yet to be made.
Retrieved from Unsplash
Same-Sex Marriage
A major milestone for LGBTQ+ rights was achieved in 2015, when the U.S. Supreme Court ruled in Obergefell vs. Hodges. The decision legalized same-sex marriage across the United States, including Puerto Rico. It demonstrated that the right to marry is a fundamental right and that denying same-sex couples said right violated the individual’s freedom. This decision was received with a big celebration among LGBTQ+ advocates in Puerto Rico as well as by all the couples who were waiting to get married and have their unions be recognized and protected by the government. This decision later broadened the acceptance of diverse family structures with the modification of the adoption law.
Retrieved from Unsplash
Legal Name and Gender Changes on Official Documents
Puerto Rico further advanced LGBTQ+ rights with the enactment of Executive Order 2015-29, which allowed individuals to change the gender on their driver’s license. According to Ayuda Legal Puerto Rico, the purpose of this decision was “to protect themselves from attacks, abuse, interrogations, and having to possess a license that identifies them with a gender other than the identity they assume.” The same changes can be done for other personal identifications such as: electoral card, birth certificate, and passport through different request forms. It is important to acknowledge that in the case of transgender people, they are not required to have had gender reassignment surgery to apply. If necessary, there are also other request forms to change your name on the previously mentioned documents.
Retrieved from Pexels
Adoption by Same-Sex Couples
In 2018, the island took another significant step forward by allowing unmarried individuals and same-sex couples to adopt children. This amendment to the Adoption Law of Puerto Rico (Law 61-2018) allowed them the right to be parents regardless of their sexual orientation and to build families and loving homes. The reason for this amendment was to create better chances for children to be adopted and facilitate this process. Primera Hora reported that the adoption rate raised 14% in 2023, proving the changes are effectively creating diverse families at a fast pace.
What comes next?
While challenges remain, these milestones are proof of the resilience and activism of the LGBTQ+ community in Puerto Rico. From decriminalizing homosexual conduct to legalizing same-sex marriage, these decisions have contributed to forming a more inclusive society. These legal protections and rights serve as a foundation to keep advocating to find full equality in all aspects of life. The future looks promising, as long as we keep speaking up and fighting for our rights. Keep learning of our Puerto Rican LGBTQ+ history!