HINDERING POLICY CHANGE: Under What Conditions Have Marriage Equality Policies Been Hampered in Latin America??

Abstract

Since 1993, over a hundred bills have been submitted to National Congresses in Latin America, proposing a shift from restrictive to permissive marriage equality or same sex partnerships regulations. Only five of 19 countries have approved legal changes, and five have done so in courts. Extant research has focused on the explanatory factors of the positive policy changes, but few studies have examined cases of hampered policies. This article aims to identify under what conditions marriage equality, as a moral policy, has stalled in Latin America. It contributes to our understanding of policy non-decisions by offering a cross-national analysis and overcoming the limitations of “mirror” strategies that explain negative cases solely by the absence of factors associated with positive change. It highlights the importance of studying conditions conjunctionally. High levels of religiosity can significantly influence political decisions and may obfuscate religious cleavages, as left-wing parties also engage in moral discourse.