Kerman Calvo and Thomas J. Miley.
This paper compares same-sex marriages public policies in Spain and Argentina. In comparing two different but related recent cases, the paper aims at contributing to the ongoing theoretical effort (refs) to specify the different factors associated with the legalization of civil marriages for same-sex couples. Different literatures are stressing different explanatory arguments. A combination of neo-institutionalist thinking and public policy analysis is keen on associating same-sex marriage policy change with processes of diffusion, learning and country integration into transnational institutions. Social movement theory searches for the participation of national and transnational LGTB social movements in the setting of public agendas, the shaping of societal attitudes and the judicialization of claims-making. Justice courts as facilitators for change in sexual policies are in fact discussed at length by contributions in the fields of socio-legal studies and also constitutional law.
Little of this thinking has been applied to policy change in Latin American countries. We are this to be a shortcoming considering the specific institutional configurations, democratic practices and power relations that define contemporary policy making in that region. In a effort to address this problem, this paper will compare the policy process resulting in a similar outcome (same-sex marriage policy change) in two largely different settings, where the weight of social movements, elite preferences and social values is expected to be largely different. The paper will also specifically test the role of diffusion and learning, considering the known role of Spanish activists and politicians in participating in debates, even protests and parliamentary activities in Argentina.
