In a landmark decision, Peru’s high court has ruled in favor of the LGBTQ community by ordering the legal registration of same-sex unions in public records. The ruling comes after a gay Peruvian citizen challenged the registration office for rejecting her marriage overseas, citing the violation of her constitutional rights. This victory marks progress for the LGBTQ community in a nation that has been hesitant to acknowledge gay couples.
The case brought to light the absence of legal recognition for same-sex marriages in Peru, making it one of the few countries in Latin America yet to grant such rights. While being gay is not considered illegal in Peru, same-sex marriage had not been acknowledged. A 2021 survey revealed that 68% of Peruvians supported same-sex marriage or other forms of legal recognition, but 61% disapproved of gay individuals holding public office.
The high court in Lima has directed the records office to proceed with the registration of the woman’s marriage, declaring an article of the Peruvian Civil Code of 1984, which defines marriage as a voluntary union between a man and a woman, as “inapplicable.” This ruling could potentially face an appeal, given the contentious nature of the issue.
This recent legal victory echoes a previous attempt by a gay couple to gain recognition for their Mexican marriage certificate in 2020, where the constitutional court upheld the registry’s stance of recognizing only heterosexual marriages. In contrast, other South American countries, including Argentina, Uruguay, Brazil, and Colombia, have embraced progress by legalizing gay marriage in recent years.
As Peru takes a stride towards inclusivity and equality, this court ruling is seen as a significant step forward for LGBTQ rights in the country. The decision resonates beyond borders, serving as an inspiration to others advocating for equality worldwide.