LGBTQ rights in Panama

Panama

Legal status| Legal since 2008
Gender identity| Change of legal gender allowed following sex reassignment surgery
Military| Has no military
Discrimination protections| No
Family rights
Recognition of relationships| No
Adoption| No

Lesbian, gay, bisexual, and transgender (LGBT) people in Panama face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Panama, but 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. In March 2023, the Supreme Court of Panama ruled that there is no right to same-sex marriage, despite a 2018 Inter-American Court of Human Rights advisory opinion that member states should grant same-sex couples access to all existing domestic legal systems of family registration. A constitutional amendment prohibiting same-sex marriage was approved by the National Assembly of Panama on October 29, 2019, but was withdrawn before the second vote and referendum required to bring it into force.[1]

## History

[edit]

See also: Timeline of LGBTQ history in Panama

The Guna people of northeastern Panama recognise a third gender. Such individuals as known as omeggid (literally like a woman; also spelt omegiid). In Guna society, if a young boy begins showing a tendency to act female, the family naturally accepts him and allows him to grow up in this way. Very often, omeggids will learn a skill that is typically associated with women, such as crafting molas (textiles). The omeggids are rooted in Guna mythology. According to Guna mythology, "the original leaders who brought the traditions, rules and guidelines for the Guna people to live by [are] a man named Ibeorgun, his sister Gigadyriai and his little brother Wigudun", who is an omeggid. According to certain reports, the Guna people are also accepting of homosexuality.[2]

Following Spanish colonisation and the subsequent 300 years of Spanish rule, sexuality and LGBT issues became taboo in Panama. Sodomy was punished with death.[3] The Guna people were able to keep their traditions and customs, despite suppression by the Spanish and the subsequent post-independence Panamanian state.

## Legality of same-sex sexual activity

[edit]

Same-sex sexual activity has been legal in Panama since 2008; Panama was the last Spanish-speaking country in the Americas to overturn its anti-sodomy law.[4][5] The age of consent is equal at 18. Homosexuality was declassified as a mental illness in 2008.[6]

## Recognition of same-sex relationships

[edit]

Homosexuality laws in Central America and the Caribbean Islands.

Same-sex marriage

Other type of partnership

Unregistered cohabitation

Country subject to IACHR advisory opinion

No recognition of same-sex couples

Constitution limits marriage to opposite-sex couples

Same-sex sexual activity illegal but law not enforced

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There is no recognition of same-sex couples. A proposal that would have allowed same-sex civil unions was defeated in 2004, mainly due to pressure from the Roman Catholic Church.[7]

On 15 April 2014, in the run-up to the 2014 presidential elections, five of the seven presidential candidates signed a document called the Pact of National Commitment for Life and Traditional Family. 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."[8]

On 8 May 2014, the Code of Private International Law (Spanish: Código de Derecho Internacional Privado) was approved, prohibiting same-sex marriage in Panama and clarifying that the country would not recognize marriages performed in other countries. Article 40 specified that "same-sex marriages are strictly prohibited in the country".[8]

### 2016–present lawsuit

[edit]

On 17 October 2016, a married same-sex couple filed a lawsuit seeking to recognize same-sex marriages performed abroad in the country. Magistrate Luis Ramón Fabrega was assigned to the case to determine whether to refer the case to the nine-member Supreme Court of Justice.[9][10] In early November, the case was admitted to the Supreme Court.[11] On 24 March 2017, another lawsuit against Article 26 of the Panamanian Civil Code was introduced to the Supreme Court, who agreed to hear the case. Article 26 specifies that marriage is between a man and a woman and as such bans same-sex marriage. This case seeks to legalize same-sex marriage in Panama.[12][13][14] In June 2017, the Supreme Court united the two lawsuits.[15]

On 14 April 2017, Vice President Isabel Saint Malo announced her support for equal marriage rights for same-sex couples.[16] In mid-May, Attorney General Rigoberto González issued a statement to the Supreme Court, asking it to legalise same-sex marriage. While admitting that same-sex marriage was a controversial issue in Panamanian society, González argued that his position was in line with the value of dignity for all human beings as well as the Panamanian Constitution.[17][18]

In October 2017, one Supreme Court judge preliminarily published a draft ruling rejecting the same-sex marriage case.[19] On 21 December 2017, LGBT advocacy group Fundación Iguales Panama presented a recusal request before the Supreme Court against Justice Cecilio Cedalise, who spoke against same-sex marriage in 2015. The marriage case was put on hold, pending the outcome of the recusal request.[20] On 15 February 2018, the aforementioned draft ruling was withdrawn.[21] The Supreme Court will now take into account the ruling of the Inter-American Court of Human Rights (see below) in its decision. A ruling was expected on 20 December 2018,[6][22][23] but was postponed.[24]

In May 2018, it was reported that a lesbian couple had also filed a suit with the Supreme Court in order to have their marriage recognised.[25]

### 2018 Inter-American Court of Human Rights advisory opinion

[edit]

On 9 January 2018, the Inter-American Court of Human Rights issued an advisory opinion stating that parties to the American Convention on Human Rights should grant same-sex couples access to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage.[26]

On 16 January, Vice President Isabel Saint Malo announced that the country would fully abide by the advisory opinion. Official notices requiring compliance with the opinion were sent out to various governmental departments that same day.[27][28]

The IACHR announcement was strongly condemned by the Catholic Church and other religious groups. Several deputies similarly expressed their opposition to the statement, with one deputy labelling it "a danger to the human race".[29] In early February, a citizen submitted an application to the Parliament to investigate the Vice President for allegedly overstepping her functions and abusing authority when she announced government compliance with the IACHR opinion.[30]

On 2 February, the Attorney General announced that the country could not ignore the IACHR's announcement, noting that the statement was fully binding on Panama.[31][32]

After a seven-year delay, the Supreme Court of Justice ruled in March 2023 that there is no positive right to same-sex marriage under the Panamanian constitution or law.[33]

### 2019 proposed constitutional amendment

[edit]

Under the presidency of the more socially conservative Laurentino Cortizo, a constitutional amendment was approved by the National Assembly on October 29, 2019, to define marriage in the Constitution as between a man and a woman. To come into effect, the amendment would have had been voted on again in 2020 and then submitted to referendum.[34] However, protests against this and other amendments led President Cortizo to criticize the lawmakers, and a committee was established to analyze the more controversial amendments.[35] The amendment was finally withdrawn due to significant public opposition.[1]

## Adoption and parenting

[edit]

Same-sex couples are unable to legally adopt in Panama.[36][37] However, IVF and artificial insemination are available to lesbian couples in the country.[38][39]

## Discrimination protections

[edit]

There are no laws protecting LGBT people 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 was used to refuse registration of gay organisations.

In August 2015, a bill to ban discrimination on the basis of sexual orientation and gender identity was introduced in the National Assembly.[40] However, the law has not advanced since then.

## Gender identity and expression

[edit]

See also: Legal status of transgender people

Since 2006, transgender persons in Panama can change their legal gender and name on their birth certificates, but only after having undergone sex reassignment surgery.[41]

In May 2016, a 22-year-old Panamanian transgender woman was allowed to change her name, so that it matches her gender identity, without having undergone surgery.[42] This was the first time a transgender person in Panama was able to change their name without first undergoing reassignment surgery.

In January 2018, the Inter-American Court of Human Rights ruled that requiring transgender people to undergo surgery to change their legal gender is a violation of the American Convention on Human Rights.[26]

## Blood donation

[edit]

Gay and bisexual men in Panama are banned from donating blood.[43]

## LGBT rights movements in Panama

[edit]

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. 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.[44] In June 2016, a new foundation named Convive Panamá was launched strongly based on the mission, ideas and working methods of Unión de la diversidad.[45] In 2017, Fundación Iguales Panamá, a non-profit organization that promotes the observance, promotion and respect of human rights, was created. The group has impacted public opinion towards tolerance and inclusion for all, and has been in the frontline of defending LGBT rights.

In April 2017, it was announced that First Lady Lorena Castillo would participate in the 2017 Gay Pride parade in Panama City.[46]

## Public opinion

[edit]

According to a Pew Research Center survey, conducted between 13 November and 8 December 2013, 23% of respondents supported same-sex marriage, 72% were opposed.[47][48]

In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Panama was ranked 55th with a GHI score of 44.[49]

According to a public survey conducted in April 2017, 78% of Panamanians opposed same-sex marriage.[50]

The 2017 AmericasBarometer showed that 22% of Panamanians supported same-sex marriage.[51]

## Summary table

[edit]

Same-sex sexual activity legal  |  (Since 2008)

|

Equal age of consent (18)  |
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)  |
Same-sex marriages  |
Recognition of same-sex couples  |
Stepchild adoption by same-sex couples  |
Joint adoption by same-sex couples  |
LGBT people allowed to serve openly in the military  | Has no military
Right to change legal gender  |  (Since 2006)
Access to IVF for lesbians  |
Homosexuality declassified as an illness  |  (Since 2008)
Conversion therapy banned  |
Commercial surrogacy for gay male couples  |  (Surrogacy takes place and is not prohibited, but there are currently no laws regulating the practice)[52]
MSMs allowed to donate blood  |  (Indefinite deferral period)

## See also

[edit]

* LGBTQ portal

* LGBTQ rights in the Americas
* Same-sex union court cases

## References

[edit]

1. ^ a b "Presidente de Panamá abre la puerta al matrimonio gay". www.lafm.com.co (in Spanish). 8 November 2019. Retrieved 1 May 2021.
2. ^ Egle Gerulaityte (14 August 2018). "Guna Yala: The islands where women make the rules". BBC Travel.
3. ^ Kamen, Henry, The Spanish Inquisition, p. 259.
4. ^ "Decreto Ejecutivo Nº 332 de 29 de julio de 2008" (PDF). Gaceta Oficial (in Spanish). Retrieved 7 August 2008.
5. ^ "Gay sex becomes legal in Panama". Pinknews.co.uk. 14 August 2008. Archived from the original on 1 January 2012. Retrieved 5 April 2014.
6. ^ a b "Panamá, ¿En camino al matrimonio igualitario?". Archived from the original on 17 February 2018.
7. ^ "Panama: Support Civil Union Proposal Now under Attack by the Catholic Church". Global LGBT Human Rights. 16 September 2004.
8. ^ a b "Panama: Controversy Erupts over Gay Marriage Ban". PanAm Post. 12 May 2014.
9. ^ González, Nimay (20 October 2016). "Surge preocupación ante recurso para que se reconozca el matrimonio igualitario en Panamá". Telemetro.
10. ^ "Buscan implementar matrimonio homosexual a través de la Corte". Panamá América. 20 October 2016.
11. ^ "Corte Suprema de Justicia conocerá sobre matrimonios igualitarios". La Prensa. 17 November 2016.
12. ^ "Llega a la Corte Suprema nuevo recurso para legalizar matrimonios de personas del mismo sexo | La Prensa Panamá". www.prensa.com. 2 April 2017.
13. ^ "Panamá abre el compás al matrimonio gay". La Estrella de Panamá.
14. ^ Gerdes, Stefanie (4 April 2017). "Same-sex marriage could come to Panama if activists win legal fight". Gay Star News. Archived from the original on 29 April 2019. Retrieved 20 May 2020.
15. ^ "Acumulan en un solo expediente las dos demandas que piden legalizar el matrimonio igualitario". TVN. 14 June 2017.
16. ^ "Canciller De Saint Malo, a favor del matrimonio gay". Critica. 15 April 2017.
17. ^ (in Spanish) Posibilidad de matrimonio igualitario dispara alarmas en Panamá Archived 13 September 2018 at the Wayback Machine
18. ^ "Procurador González expresa su opinión a la Corte sobre unión entre homosexuales". TVN. 13 May 2017.
19. ^ Report: Panama Supreme Court judge rules against same-sex marriage, The Washington Blade, 22 October 2017
20. ^ "Ayú Prado: recusación retrasa decisión sobre matrimonio igualitario". La Prensa. 26 January 2018.
21. ^ "Panama Supreme Court judge withdraws draft ruling against marriage". 16 February 2018.
22. ^ "Grupos gays toman oxígeno". La Estrella de Panamá.
23. ^ "Corte no discutió demanda sobre matrimonio igualitario". La Prensa (in Spanish). 14 December 2018.
24. ^ "El Dato 27 de diciembre de 2018". La Verdad (in Spanish). 27 December 2018. Archived from the original on 10 April 2019. Retrieved 27 December 2018.
25. ^ "Pareja de lesbianas espera que CSJ reconozca su unión en Panamá". TVN. 17 May 2018.
26. ^ a b "Inter-American Court endorses same-sex marriage". Agence France-Presse. Yahoo7. 9 January 2018. Archived from the original on 9 January 2018. Retrieved 9 January 2018.
27. ^ "Panamá acoge a la opinión de Corte IDH sobre matrimonio gay". La Estrella de Panamá. La Estrella de Panamá. 16 January 2018. Archived from the original on 13 February 2018. Retrieved 17 January 2018.
28. ^ "El Gobierno panameño acoge opinión de la CorteIDH sobre matrimonio homosexual". W Radio. 16 January 2018. Archived from the original on 28 March 2019. Retrieved 17 January 2018.
29. ^ "Deputies reject opinion of the Inter-American Court on gay marriage". Archived from the original on 1 April 2019. Retrieved 2 February 2018.
30. ^ "Piden investigar a Isabel Saint Malo por promover matrimonio gay". Panamá América. 1 February 2018.
31. ^ "Procurador González pide no ignorar opinión de CorteIDH sobre matrimonio igualitario". Telemetro. 2 February 2018.
32. ^ "El país no puede ignorar llamado de la CorteIDH sobre matrimonio gay". Panamá América. 2 February 2018.
33. ^ "La sentencia de la Corte Suprema de Justicia de Panamá sobre matrimonio igualitario: un desacierto interpretativo - Agenda Estado de Derecho" (in Spanish). 24 May 2023. Retrieved 24 December 2023.
34. ^ "Parlamento panameño niega el derecho a casarse a parejas del mismo sexo". La Red 21. 29 October 2019. Retrieved 29 October 2019.
35. ^ "Un centenar de detenidos en protestas por reformas constitucionales en Panamá" (in Spanish). CRHoy. 1 November 2019. Retrieved 2 November 2019.
36. ^ "Panama: Bill Bars Same-Sex Couples from Adoption".
37. ^ "Panama passes cruel law banning same-sex couples from adopting". 10 March 2021.
38. ^ "Artificial Insemination in Panama". www.health-tourism.com.
39. ^ "Reproductive Laws in Panama « Global IVF Directory". globalivf.com. Archived from the original on 27 March 2017. Retrieved 20 May 2020.
40. ^ "El Nuevo Diario". El Nuevo Diario.
41. ^ "Transexuales panameños tramitan cédulas de mujer". La Prensa. 5 November 2012.
42. ^ "Por primera vez, una transexual logra en Panamá cambiar su nombre en la cédula". ELESPECTADOR.COM. 12 May 2016.
43. ^ "'Los LGBTI somos invisibles para el Estado': Iván Chanis | La Prensa Panamá". www.prensa.com (in Spanish). 20 February 2022. Retrieved 27 December 2022.
44. ^ "Unión de la diversidad". Facebook.
45. ^ "Lawsuits Convive Panama". Archived from the original on 23 March 2017. Retrieved 21 March 2017.
46. ^ "Primera Dama será abanderada de la marcha del orgullo gay en Panamá". TVN. 7 April 2017.
47. ^ "Social Attitudes on Moral Issues in Latin America". Pew Research Center. 13 November 2014.
48. ^ "Appendix A: Methodology". Pew Research Center. 13 November 2014.
49. ^ The Gay Happiness Index. The very first worldwide country ranking, based on the input of 115,000 gay men Planet Romeo
50. ^ "Panamá discute la legalización del matrimonio gay: ¿será el primer país en aprobarlo en Centroamérica?". Univision.
51. ^ "CULTURA POLÍTICA DE LA DEMOCRACIA EN LA REPÚBLICA DOMINICANA Y EN LAS AMÉRICAS, 2016/17" (PDF).
52. ^ "Surrogacy law: regulated, unregulated". 13 June 2022.

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