LGBTQ rights in Peru
LGBTQ rights in Peru | |
|---|---|
| Legal status | Legal since 1924 |
| Gender identity | Transgender people allowed to change legal gender without surgery |
| Military | Lesbians, gays and bisexuals allowed to serve openly since 2004 |
| Discrimination protections | Yes, sexual orientation and gender identity protections |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Restrictions | De facto unions banned by constitution |
| Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Peru face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity among consenting adults is legal. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
In January 2017, a decree issued by President Pedro Pablo Kuczynski took effect, prohibiting all forms of discrimination and hate crimes on the basis of sexual orientation and gender identity. In a landmark ruling published on 9 January 2017, the 7th Constitutional Court of Lima ruled in favor of recognizing and registering a same-sex marriage, between a Peruvian citizen and a Mexican citizen, performed in Mexico City in 2010. In March 2018, the ruling was reversed by the Supreme Court of Peru on procedural grounds.
Homosexuality has been used as grounds for separation or divorce in Peru. Laws meant to protect "public morals", such as Article 183 of the Penal Code on "obscene exhibitions and publications", have also been used against lesbians and gay people. Society's attitude towards homosexuals has generally been hostile and is still heavily influenced by the Catholic Church. The organisation Movimiento Homosexual de Lima (MHOL) was founded in 1982 to advocate for LGBTQ rights in the country. During the first Lima Pride parade in 2002, most demonstrators wore masks to avoid persecution.