LGBT rights in Panama
|LGBT rights in Panama|
|Same-sex sexual activity legal?||Legal since 2008|
Lesbian, gay, bisexual, and transgender (LGBT) persons in Panama may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Panama. Same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples.
- 1 Issues
- 2 LGBT rights movement in Panama
- 3 Public opinion
- 4 Summary table
- 5 See also
- 6 References
Legality of same-sex sexual activity
Recognition of same-sex relationships
There is no recognition of same-sex couples. A proposal that would have provided for same-sex civil unions was defeated in 2004, mainly due to pressure on the government from the Catholic Church. 12% of Panamanians support same-sex marriage being recognized in the country.
There are no laws protecting gays from discrimination. Article 39 of the Constitution forbids the creation of "companies, associations or foundations" that are contrary to moral or legal order. In the past this has been used to refuse registration of gay organisations. In May 8, 2014, the Code of Private International Law was approved. The code prohibits same-sex marriages in Panama and clarifies that the country will not recognize the legality of these marriages if performed in another country. Article 40 specifies "same-sex marriages are strictly prohibited in the country."  The majority of the Panamanian population approved of the new law, saying it "protects the traditional structure of a family"
Pact of National Commitment for Life and Traditional Family
Signed on April 15, 2014, this document was created months before 2014 presidential elections; five of the seven presidential candidates signed it. The document stated that "the country should guarantee freedom of religion and should modify the law to protect the traditional structure of the family, defined as the union of a man and a woman."
Machismo and sexual orientation
Due to machismo, the perceived level of masculinity of men in Latin American countries determines the amount of respect they receive in society. Because homosexual men are associated with feminine attributes, they are perceived with lower level of masculinity, and as a result, they receive less respect than heterosexual men in society. This, in turn, can limit their “ability to achieve upward social mobility, to be taken seriously, or to hold positions of power.” Also, because homosexuality is seen as taboo or even sinful in Christian faiths, homosexual men tend to lack a support system, leaving many unable express their true sexuality. To deal with such oppression, they must make the choice either to conform to heteronormativity and repress their homosexual identity, to assimilate towards masculine ideals and practices while maintaining their homosexual identity in private, or to openly express their homosexuality and suffer ostracization from society. This creates a hierarchy of homosexuality corresponding to how much “respect, power, and social standing” a homosexual man can expect to receive. The more a man acts in accordance with the stereotypical heterosexual hegemonic masculinity, the higher on the social hierarchy they are. On the lower end of the hierarchy are the locas or maricones. These men are those that are deemed as effeminate because they do not live by the social construct of hegemonic masculinity and also publicize their homosexuality. As such, they receive little respect both in society in general and among the LGBT community. Many homosexual men resist being associated with the “loca” stereotype by either demonstrating overt masculinity or by ridiculing and distancing themselves from other “loca” men. A common saying demonstrates this resistance: “mejor un drogadicto que un pato” (better a drug addict than a faggot). Because of the negative connotations that come with identifying as homosexual, the definition of homosexuality has become ambiguous. By genderizing sexual practices, only men who are sexually penetrated during sex, locas are considered homosexual while men who are the sexual penetrators during sex can maintain their heterosexual identity. Also, in many Latin American countries, the media portrayal of homosexual men often play into the stereotype of an effeminate, flamboyant male role. As a result, the idea of a masculine homosexual man remains almost unheard of and privatized by the community and by society, which allows this stereotype of homosexual men as locas to persist.
LGBT rights movement in Panama
In 1996 Panama's first lesbian and gay organisation Asociación Hombres y Mujeres Nuevos de Panamá (AHMNP; "New Men and Women of Panama Association") was founded. It received legal recognition in 2005 after a three-year battle with the authorities and the Catholic Church. It is still the only gay and lesbian organisation in Panama.
In 2004 they presented a petition calling for partnership rights. In June 2005 Panama's first Gay Pride March was held with 100 AHMNP demonstrators. In may 2015 the second LGBT-rights organisation was formed in Panamá: Unión de la diversidad.
|Same-sex sexual activity legal||(Since 2008)|
|Equal age of consent|
|Anti-discrimination laws in employment|
|Anti-discrimination laws in the provision of goods and services|
|Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)|
|Recognition of same-sex couples|
|Step-child adoption by same-sex couples|
|Joint adoption by same-sex couples|
|Gays and lesbians allowed to serve openly in the military||Has no military|
|Right to change legal gender||(Since 2006)|
|Access to IVF for lesbians|
|Commercial surrogacy for gay male couples|
|MSMs allowed to donate blood|
- "Decreto Ejecutivo Nº 332 de 29 de julio de 2008" (PDF). Gaceta Oficial (in Spanish). Retrieved 2008-08-07.
- "Gay sex becomes legal in Panama". Pinknews.co.uk. 2008-08-14. Retrieved 2014-04-05.
- Panama: Support Civil Union Proposal Now under Attack by the Catholic Church
- "Abortion Rejected by Nearly 90% of Panamanians, Same Sex ‘Marriage’ Rejected by 80%". Lifesitenews.com. 2005-05-25. Retrieved 2014-04-05.
- "Unión de la diversidad".
- Religion in Latin America Chapter 5: Social Attitudes
- Religion in Latin America Appendix A: Methodology
|Wikimedia Commons has media related to LGBT in Panama.|