Cuban "Sovereignty" Platform Faces Criticism for Discrimination and Contradictions with Family Code

The newly launched "Sovereignty" platform, introduced by the Cuban government to streamline legal and administrative processes, has sparked backlash for its apparent homophobic bias. Users have publicly criticized the system for allowing marriage certificate requests to only include "husband" and "wife," thereby perpetuating a binary framework that disregards legally recognized same-sex marriages.

Adiel González Maimó, an activist for LGBTIQ rights, expressed his discontent on Facebook, questioning the absence of terms like "spouse 1" and "spouse 2" that were promised to appear in official documents. His post, accompanied by screenshots of the platform, highlighted the inconsistency and raised questions about why, nearly three years after the legalization of same-sex marriage in Cuba, such issues persist. "Who designed this platform that excludes hundreds of legally constituted same-gender marriages in Cuba?" González asked.

Far from being a minor oversight, this exclusion directly contradicts the Family Code approved in Cuba, which explicitly recognizes marriage equality since its ratification by referendum in September 2022. The complaint has sparked numerous reactions on social media, where activists and citizens emphasize that the problem transcends technical design.

"Before the site went live, it must have undergone testing and quality control, and yet no one noticed or said anything during those phases," commented one user, pointing to the scope of institutional bias. Other comments suggest a systemic homophobia that lingers within many state agencies, from the highest levels to the most basic.

The Impact of Institutional Bias

The fact that an official tool, ostensibly designed to promote inclusion and modernize procedures, discriminates against same-gender couples not only violates rights but also prevents legally married citizens from accessing essential services. "This needs to be corrected urgently because it's not only discriminatory and contrary to the law, but it's also preventing specific individuals from completing necessary processes," warned González.

To date, authorities have remained silent on the issue. This institutional silence heightens concerns that this is not merely a technical error but another example of how legal rhetoric in Cuba often fails to translate into real-world practice.

Legal Framework and Social Reality

The Family Code's Article 208 underscores that "marriage is based on the equality of rights and duties of both spouses." A year after the law's passage, 2,132 same-gender couples had formalized their marriages in Cuba.

On July 18, the Cuban Parliament passed the Civil Registry Law, a comprehensive regulation allowing gender identity changes upon personal request and modernizing the legal framework related to personal identification and civil status documentation. The law also addresses the free choice of personal names—albeit with restrictions to protect dignity, avoid errors or confusion, or connections with well-known or patented brands—as well as name and surname changes, and agreements on surname order. It also acknowledges the intersex condition of newborns.

Additionally, the law incorporates a gender perspective, attention to vulnerable individuals, and respect for the progressive autonomy of children and adolescents, as reported by official media.

Government Rhetoric vs. Reality

Cuban leader Miguel Díaz-Canel Bermúdez declared on May 17 that combatting homophobia and transphobia aligns with the "ideals" of socialism in Cuba in observance of the International Day Against Homophobia, Transphobia, and Biphobia. However, numerous internet users condemned the leader's hypocrisy in a post that seems to erase the homophobia and transphobia that the regime upheld for decades. They reminded him that the dictator Fidel Castro once encouraged discrimination against homosexuals, whom he labeled as "degenerates" and "deviants."

In December 2024, authorities placed LGBTIQ activist and actress Kiriam Gutiérrez under house arrest to prevent her from attending the premiere of her film "Matar a un hombre," censored during the 45th Havana International Festival of New Latin American Cinema. The film, directed by Orlando Mora Cabrera, is inspired by a true story and, in just 12 minutes, addresses the hidden homosexuality of a National Revolutionary Police (PNR) officer, scandalizing the regime.

In November 2023, a transgender teenager named Marcos Herrera Falero was brutally attacked in Matanzas due to her gender identity, prompting activists to call for immediate measures to prevent violence and discrimination against the community. LGBTIQ individuals are also incarcerated in Cuban prisons for opposing the regime, as in the case of transgender activist Brenda Díaz, who is held in a male prison.

Mariela Castro, daughter of former Cuban ruler Raúl Castro and director of CENESEX, described the case as "overblown and filled with fantasies," claiming that Díaz is "doing very well" in a male prison, following her 14-year sentence and an additional seven months for contempt in a recent trial.

In 2019, members of the LGBTIQ+ community independently organized and marched from Havana's Central Park, an event that led to severe police repression ordered by the regime and condemned by international media.