Uso estratégico del derecho: reconocimiento del matrimonio de parejas del mismo sexo en Argentina

Abstract

This research examines one of the most important conflicts in recent history that placed Argentina as the first Latin American country to enact a gay marriage law. The particularity of the conflict is the political struggle mainly manifested in two opposite positions within the political-legal field: on the one hand, sexual diversity organizations that promoted the expansion and recognition of their rights and on the other hand, the resistance of its counterpart which is represented by the Catholic Church and Pro-life organizations which were against legal recognition. Thus, this paper sets out to show the importance that the strategic use of law took as the main instrument of the struggle in defense of these organizations interests by analyzing the different legal conceptions of cause lawyers in this process. In this respect the thesis provides a doble analytical construction: the first one, historical-explanatory, which hightlight the background of the the homosexual conflict in Argentina and the second one, juridical-discursive that gives an in-depth analysis of legal conceptions of cause lawyers, which has been the subject of a broad debate, the political and ideological orientation in the legal profession.