The Panamanian Supreme Court has ruled to uphold the country’s prohibition of marriage for same-sex couples, disappointing advocates who had hoped for marriage equality. In a press release issued on Wednesday, six judges ruled that the phrase “between a man and a woman” in Article 26 of Panama’s family code is not unconstitutional. The ruling also upholds a provision of a 2015 law that states “marriage between individuals of the same sex is prohibited.” The court concluded that the norms prohibiting people of the same sex from marrying are “objectively and reasonably justified” in the interest of promoting unions with the potential to establish families and give continuity to the human race.
The ruling comes after Enrique Jelenszky, a Panamanian citizen who married his husband in the U.K., filed a lawsuit seeking recognition of their marriage. Additionally, Álvaro Levy and his husband brought a marriage equality lawsuit in the same year, and three other same-sex couples have brought marriage equality cases in Panama. Despite the Inter-American Court of Human Rights recognizing same-sex marriage and transgender rights in the Western Hemisphere, Panama has yet to comply with this decision, with same-sex couples unable to legally marry in the country.
Advocates have expressed disappointment with the ruling, with the president of Fundación Iguales calling it an “activist-type of ruling” that denies human rights. Former first lady Lorena Castillo has publicly backed marriage equality, while prominent religious leaders and officials in the current government remain opposed. It remains to be seen what the next steps will be for advocates of marriage equality in Panama.