LGBT rights in Peru

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This article is concerned with the situation in the modern Peruvian state. For information about homosexuality in antiquity, see homosexuality in ancient Peru.
LGBT rights in Peru
Peru
Same-sex sexual activity legal? Legal since 1836-37[1]
Gender identity/expression -
Military service Gays allowed to serve openly since 2009
Discrimination protections No
Family rights
Recognition of
relationships
No
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Peru may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity among consenting adults is legal.[2] An exception was previously made for all military and police personnel, who could be punished with between 60 days to 20 years imprisonment or discharge from the forces.[2] However, in December 2009, the Supreme Court of Peru ruled that homosexual orientation or engaging in homosexual sex cannot be an impediment to membership of the police forces and the military.[3]

Homosexuality can also be used as grounds for separation or divorce. Laws meant to protect "public morals" are often used against lesbians and gays.[2] Society's attitude towards homosexuals is generally hostile and is heavily influenced by the Catholic Church. In the 1980s the founding of the organisation Movimiento Homosexual de Lima (MHOL) managed to bring about at least a slight change in the way the media treated homosexuality. Known LGBT persons may face persecution by the public. During the first Lima pride parade in 2002, most demonstrators wore masks to avoid persecution by the public.

Recognition of same-sex unions[edit]

On 26 July 2010, Deputy José Vargas of the ruling party Alianza Popular Revolucionaria Americana announced that he would introduce a bill legalizing civil unions[4][5] but in early 2011 the bill died in the Justice Committee because some of its members believed it would be necessary to change the constitution in order to approve the law.[6]

Months prior to the 2011 Peruvian general election, two of the main candidates for president, Keiko Fujimori and Alejandro Toledo, showed their support to legalize civil unions for same-sex couples[7][8] but neither of them won. The winner of the election, Ollanta Humala, has stated that he opposes legal recognition for same-sex couples.[9] On April 2014, legislator Carlos Bruce received a petition signed by 10 thousand people in favor of allowing civil unions for gay couples.[10] Bruce, who put forward the change in the law in September last year, hopes that it will alleviate the discrimination faced by gay Peruvians.

The bill was scheduled to be debated on April 7 in front of the Commission of Justice and Human Rights, but ultimately was postponed until after Easter. While the country has a history of rejecting bills that protect gay people, supporters and allies are hopeful that the Peruvian Congress will move forward with the bill.[11] In June of 2014, bills taking on different forms of recognition, some with more rights than others, were discussed in Congress. After a dramatic debate, it was decided by politician Carlos Bruce, who had earlier announced to the public that he was gay, that the original Civil Union bill he submitted with more rights should be voted on separately from other proposals. More than one bill allowing for recognition of same-sex relationships will be discussed in the next parliamentary session which begins in August.[12]

Opinion polls[edit]

In August 2010, a poll revealed 21.3% of Peruvians approved same-sex marriage, with higher percentage amongst people from Lima and younger people.[13]

Summary table[edit]

Same-sex sexual activity legal Yes
Equal age of consent Yes
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriage No
Recognition of same-sex couples No (Pending)
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Yes (since 2009)
Right to change legal gender Yes
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No

See also[edit]

References[edit]

External links[edit]