The hashtag #NOalNuevoCodigoCivil—which means “No to the new civil code”—is currently trending on Puerto Rican social media. Both houses of the Puerto Rican legislature, which are controlled by the conservative ruling political party, have voted to make changes to the country’s civil code after having held no public hearings. The fact that this is taking place during the height of the COVID-19 pandemic has prevented mass demonstrations on the island like the protests we saw last summer, which toppled the reign of former Gov. Ricardo Rosselló.
The changes will almost certainly have a negative impact on a woman’s right to choose, and on the Puerto Rican LBGTQ community. How much of an impact is hard to tell since the amendments have been enacted in secret.
The only person who can stop this now is Puerto Rico’s unelected governor, Wanda Vázquez Garced. She can refuse to sign it and send it back for revisions, or sign it and risk major opposition from civil rights groups and activists—all during a time when she is running for governor.
Vázquez Garced, who succeeded to the office in August of 2019 despite massive #WandaRenuncia (Wanda resign) protests, is now going to have to make a calculated decision. If she signs the changes into law, it could negatively impact her chances to remain governor. On the other hand, if she sends it back for more revisions, the vocal evangelical, homophobic, and anti-choice Christian bloc who are supporting the changes will castigate her and diminish her electoral chances.
Jhoni Jackson, writing for REMEZCLA, breaks down some of the major issues:
For all the changes made since its beginnings several years ago—and it’s been consistently contested throughout this trajectory—the bill, which would replace the original 1930 civil code altogether, has been called a “código Frankenstein” by some. The final version includes amendments made as recently as Monday, when it was approved by the Senate 16-7, with some senators absent. It was approved by the House of Representatives today and is expected to be promptly delivered to Gov. Vázquez, who will either veto or sign the bill into law. The bill in its entirety, as it stands right now, has not been made available to the public. In fact, no public hearings for the civil code have been held since mid-April. It’s been revised “behind the backs of the people” and with a “conservative agenda,” notes Puerto Rico LGBT advocacy nonprofit el Comité Amplio para la Búsqueda de la Equidad.
Some of the most alarming adjustments include changes to the procedure for trans people who want to correct their gender marker on their birth certificate: Rather than replacing the incorrect gender altogether, an annotation will be made, which leaves trans people exposed to discrimination in employment or other situations where their birth certificates may be required. Additionally, the new code implies a judge will have to approve the change in addition to the currently required approval of a doctor.
Marriage has been reworded to specifically refer to “natural persons,” which some say could be interpreted to exclude members of the LGBTQIA+ community. Regulations around surrogacy, which also affects the LGBTQIA community, have also been altered: Financial compensation for the process would be prohibited if the code is signed into law. And, unsurprisingly, the new civil code makes another go at restricting abortion rights—according to pro-choice advocates, at least. The former civil code indicated a child earned legal rights once outside of the womb. The new language is ambiguous, many say, and opens the door to banning abortions altogether by affording legal rights to a fetus.
The lack of transparency has angered opponents of the changes.
Activists and artists like Puerto Rican star Ricky Martin have been speaking out and pushing back.
Since much of the discussion and reporting about this has been in Spanish, mainland English speakers and mainstream media journalists have not given this disaster in the making much attention. CBS News correspondent David Begnaud is a notable exception.
Begnaud conducted an interview with InterAmerican University law professor Carlos Ramos Gonzalez, who breaks down the code itself, the criticism and support of it, and its constitutionality before offering his own opinion.
Reactions on Twitter against the amendments have been harsh.
Supporters of the revisions, like Rep. María Milagros Charbonier—nicknamed “Tata”—are also being called out.
Charbonier, who was elected to the Puerto Rican House of Representatives in 2012, is a staunch religious conservative.
She is known for her extremely conservative views on marriage, sexuality and religion. A lawyer by profession, she presides over three committees which include the Judiciary Committee and the committees that oversee revisions to the civil and penal codes. She has opposed legislation that decriminalized the use of cannabis for medicinal purposes and that granted protections and rights to people in same-sex relationships. Among the many outlandish statements she has made, she has gone on record saying that pedophilia and bestiality are sexual orientations.
Want to join the fight? Here is an online petition you can sign to oppose the changes. Raise awareness by sharing on your own social media and discuss it in conversation. Remember: Puerto Ricans are our fellow Americans, and they deserve better than a civil code handcrafted by rigid conservatives.