Cuba's Family Code: A model for the world

art by: Skid Marx

By Eric Black, Washtenaw CPUSA

On September 26th the National Electoral Council announced that the Cuban people voted by a two-thirds majority to ratify the new “Family Code” referendum, a set of laws that impacts every aspect of social life within the country. After the new Cuban Constitution was put into place in 2019, one of the transitory goals was to establish a new family code within two years. Despite delays from COVID-19, dozens of institutions, agencies, and organizations participated in writing 23 different drafts. The National Assembly in Cuba then put version 24 up for the people to comment on and exercise their popular will. The result was more than six million Cubans participating, altering 49% of the content of the Code1. The 25th and final version was approved on July 22nd by the National Assembly and was voted on September 25th.

How does it redefine the family within Cuba?

The Family Code of 1975 was in many respects a leap forward for Cuban society, mandating equal responsibility between men and women in regards to household duties, childcare, and personal freedom to aspire to their chosen professions. While it kept the traditional “nuclear family” as its model, it was an important step towards equality2. The new Family Code takes the next step in redefining the family and creating the model for a modern socialist country. Parental rights have changed dramatically, shared now between grandparents, step-parents and surrogate parents. Labor rights are extended to those caring for children, the elderly, or people with disabilities. Parents are now given “responsibility” instead of “custody” of their children in an attempt to increase a child’s autonomy to reach their full potential. What it means for Cuban society is that all types of families are recognized as valid, that all people deserve dignity and respect and deserve a life free of violence.

What does it mean for LGTBQ+ people in Cuba?

One of the biggest changes implemented in the new Family Code is the legalization of same-sex marriage and same-sex adoption, defining marriage as “the voluntary union agreed to by two legally competent persons…” According to Owen Schalk of Canadian Dimension, disowning an LGTBQ+ child is considered domestic violence and is punishable under the new Family Code3. After the revolution in 1959, the revolutionary government made strides to treat men and women on an equal basis, but fell short on LGTBQ+ rights with many people facing discrimination from the social and political institutions within the country.

However, the Cuban revolution has made great strides in LGBTQ+ rights since then. Miguel Diaz-Canel, the current Cuban president, as the secretary of Villa Clara in the 1990’s was a supporter of the El Mujunje, a LGTBQ+ cultural center in Santa Clara, and would bring children and parents to the center to eliminate homophobia and create a society that celebrates LGBTQ+ rights3. During an interview with La Jornada in 2010, Fidel Castro took responsibility as commander of the revolution for how LGTBQ+ people were persecuted in the early days4, “We didn't know how to value it... systematic sabotage, armed attacks, they happened all the time: we had so many and such terrible problems, problems of life or death, you know, that we didn't pay enough attention to them." Mariela Castro Espin, the daughter of Fidel’s brother Raul Castro and Vilma Espin, both of whom were revolutionaries, is the director of the Cuban National Center for Sex Education and an LGTBQ+ activist in the country that helped with getting a gender confirmation surgery measure passed into law in 20085. In Cuba, gender confirmation surgery is free of charge. With all of the progress made thus far in LGTBQ+ rights, this new Family Code takes the next step in creating an inclusive world for everyone regardless of sex or gender.

In American society, LGBTQ+ rights are under attack from right wing terrorism. States all over the country are introducing discriminatory bills attacking transgender people, enacting strict abortion bans, and forcing LGBTQ+ people to either confront the incredible danger that faces them or go back in the shadows fearing retaliation for merely existing. At Grant Middle School in Grant, Michigan, a 15 year old was accused of promoting “witchcraft” and “hate material” for including the transgender flag colors in a mural the student was commissioned to paint6. A Michigan library in Jamestown Township closed after the town defunded the library over LGBTQ+ graphic novels7. It’s clear that America is going backward. Cuba is moving forward.

How can we in the US be a part of revolutionary change?

If we are to create a society that can be for everyone, not just in word, but in action, we must embrace a revolutionary approach to these issues. We must follow the example our Cuban friends have given us. Democracy on a mass scale, for the people by the people, is the only way to begin solving discrimination in our country. Under the capitalist system, we will perpetually be negotiating with a system that must take more than it puts in. A system that must exploit, wherever possible, and that stands in the way of human progress. The Cuban people are able to make these changes because they are in charge of their society and sovereignty. As of now, the American people are not.

CPUSA wholeheartedly stands in solidarity with the Cuban revolution. On November 2nd, our National Co-Chair Rossana Cambron reiterated our support for Cuba at the 22nd International Meeting of Communist and Workers Party in Havana8. In her speech, she outlined the threat of US Imperialism to Cuba and the world, and recognized Cuba for what it is: a shining example for what a socialist society can contribute to the world.

Footnotes

1 Whitney Jr., W.T., “Cuban’s Approve Family Code Authorizing Sam-Sex Marriage, LGBTQ Adoption Rights.” People’s World, 28 Sept. 2022, https://www.peoplesworld.org/article/cubans-approve-family-code-authorizing-same-sex-marriage-lgbtq-adoption-rights/

2 Randall, Margaret. "The Family Code". The Cuba Reader: History, Culture, Politics, edited by Aviva Chomsky, Pamela Maria Smorkaloff, Barry Carr, Robin Kirk and Orin Starn, New York, USA: Duke University Press, 2004, pp. 399-405.

3 Schalk, Owen. “Cuba's Families Code a Bold Step Forward for LGBTQ+ Rights in the Hemisphere.” Canadian Dimension, 29 Sept. 2022, https://canadiandimension.com/articles/view/cubas-families-code-is-an-important-step-forward-for-lgbtq-rights-in-the-hemisphere.

4 Saade, Carmen Lira. “Soy El Responsable De La Persecución a Homosexuales Que Hubo En Cuba: Fidel Castro.” La Jornada, La Jornada, 31 Aug. 2010, https://www.jornada.com.mx/2010/08/31/index.php?section=mundo&article=026e1mun.

5 Geen, Jessica. “Cuba Pays for Gender Reassignment Surgery.” PinkNews, 10 Mar. 2010, https://www.pinknews.co.uk/2010/03/10/cuba-pays-for-gender-reassignment-surgery/.

6 Papenfuss, Mary. “Michigan Parents Outraged over LGBTQ Colors, Imagined 'Witchcraft' Symbols in Student Mural.” HuffPost, HuffPost, 21 Oct. 2022, https://www.huffpost.com/entry/michigan-parents-student-mural_n_635215fae4b0e376dc15c2e2.

7 French, Ron. “Donations Pour in after Michigan Town Defunded Library over LGBTQ Books.” Bridge Michigan, 7 Aug. 2022, https://www.bridgemi.com/michigan-government/donations-pour-after-michigan-town-defunded-library-over-lgbtq-books.

8 Cambron, Rossana. “CPUSA's Contribution to the 22nd International Meeting of Communist and Workers Party in Havana Cuba - Delivered by CPUSA Co-Chair Rossana Cambron.” Red World Review: The International Forum of the Communist Party USA, Red World Review, 2 Nov. 2022, https://www.redworldreview.org/letters/cpusas-contribution-to-the-22nd-international-meeting-of-communist-and-workers-party-in-havana-cuba-delivered-by-cpusa-co-chair-rossana-cambron.