LIMA (Reuters) – In a significant victory for the LGBTQ community, a Peruvian high court has ruled that same-sex unions must be legally registered in public records. This ruling comes in a country that has been resistant to recognizing gay couples.
The decision was made following a case brought forward by a gay Peruvian citizen who sued the registration office for refusing to record her marriage that had taken place overseas in 2019. It was argued that her constitutional rights had been violated. Representatives from the registration office were not immediately available for comment.
While being gay is not illegal in Peru, the country is among the few in Latin America that has yet to recognize same-sex marriage. However, a 2021 survey conducted by Ipsos revealed that 68% of Peruvians were in favor of same-sex marriage or other legal recognition. Nevertheless, 61% disapproved of gay individuals holding public office.
According to the Superior Court of Justice of Lima, the court has ordered the records office to proceed with the registration of the woman’s marriage. The court declared an article of the Peruvian Civil Code of 1984 on the family, which defines marriage as the voluntary union between a man and a woman, as “inapplicable”. It is likely that an appeal will be lodged against this ruling.
In a previous case in 2020, a gay couple took Peru to the Inter-American Court of Human Rights after their Mexican marriage certificate was not recognized. However, at that time, the constitutional court ruled that only marriages between a man and a woman were recognized in the civil registry of Peru.
In contrast, other countries in South America, including Argentina, Uruguay, Brazil, and Colombia, have legalized same-sex marriage in recent years.
(Reporting by Marco Aquino; writing by Isabel Woodford; editing by Robert Birsel)
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