Current Version
| Region | Peru |
| Issue | Same-sex marriage |
| Status | Banned |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Article 234 of the Civil Code establishes that marriage is the union between a man and a woman. The Civil Code establishes that "homosexuality" is grounds for divorce, separation and annulment of marriage. The Constitution (1993) establishes that cohabitation is the stable union of a man and a woman (Article 5). On four occasions since 2016, the National Registry of Identification and Civil Status (RENIEC) was ordered through judicial means to recognize and register same-sex marriages celebrated abroad, however, the RENIEC appealed all the rulings. In 2020, the Constitutional Court declared inadmissible the appeal for constitutional grievance filed by Óscar Ugarteche, so that the RENIEC would comply with registering his marriage certificate with his same-sex partner, which was celebrated in Mexico. In 2022, the Constitutional Court declared the constitutional grievance inadmissible on the grounds that the registration of same-sex marriages “collides with the notion of marriage contained not only in the Civil Code, but also in the Political Constitution of Peru.” Susel Paredes and Gracia Aljovín filed the lawsuit. In July 2023, the Fourth Constitutional Court of the Superior Court of Justice of Lima ordered RENIEC to register the marriage of a same-sex couple celebrated in Argentina. The Court decided not to apply Article 234 of the Civil Code in the specific case because it is contrary to the principle of equality and non-discrimination contained in the constitution and international agreements. The decision only applies to the plaintiff couple and does not affect the content or validity of Article 234. |
| Sources | https://lpderecho.pe/codigo-civil-peruano-realmente-actualizado/ (Civil Code) https://www.oas.org/juridico/spanish/per_res17.pdf https://promsex.org/wp-content/uploads/2024/05/InformeAnualLGBTI2023.pdf https://agenciapresentes.org/2022/06/15/peru-el-tribunal-constitucional-se-nego-a-reconocer-dos-matrimonios-igualitarios-contraidos-en-otros-paises/ https://www.demus.org.pe/wp-content/uploads/2021/12/Informe-Alternativo-y-anexos-ComitA%CC%83%C2%A9-CEDAW-1dic21.pdf https://img.lpderecho.pe/wp-content/uploads/2023/07/Expediente-00931-2020-LPDerecho.pdf https://www.reuters.com/world/americas/peruvian-court-opens-door-legally-recognize-same-sex-couples-2023-07-22/ Date: July 22, 2023" |
Revision History (4)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Unrecognized | Banned |
| Old Value | New Value | |
|---|---|---|
| Value | Foreign same-sex marriages recognized only | Unrecognized |
| Start Date | Oct 31, 2006 | (unknown) |
| Description | Peru just registered a gay marriage that occurred in Argentina, meaning the country does recognise foreign SSM. | Article 234 of the Civil Code establishes that marriage is the union between a man and a woman. The Civil Code establishes that "homosexuality" is grounds for divorce, separation and annulment of marriage. The Constitution (1993) establishes that cohabitation is the stable union of a man and a woman (Article 5). On four occasions since 2016, the National Registry of Identification and Civil Status (RENIEC) was ordered through judicial means to recognize and register same-sex marriages celebrated abroad, however, the RENIEC appealed all the rulings. In 2020, the Constitutional Court declared inadmissible the appeal for constitutional grievance filed by Óscar Ugarteche, so that the RENIEC would comply with registering his marriage certificate with his same-sex partner, which was celebrated in Mexico. In 2022, the Constitutional Court declared the constitutional grievance inadmissible on the grounds that the registration of same-sex marriages “collides with the notion of marriage contained not only in the Civil Code, but also in the Political Constitution of Peru.” Susel Paredes and Gracia Aljovín filed the lawsuit. In July 2023, the Fourth Constitutional Court of the Superior Court of Justice of Lima ordered RENIEC to register the marriage of a same-sex couple celebrated in Argentina. The Court decided not to apply Article 234 of the Civil Code in the specific case because it is contrary to the principle of equality and non-discrimination contained in the constitution and international agreements. The decision only applies to the plaintiff couple and does not affect the content or validity of Article 234. |
Show Difference | ||
| Sources | https://www.reuters.com/world/americas/peruvian-court-opens-door-legally-recognize-same-sex-couples-2023-07-22/ Date: July 22, 2023" | https://lpderecho.pe/codigo-civil-peruano-realmente-actualizado/ (Civil Code) https://www.oas.org/juridico/spanish/per_res17.pdf https://promsex.org/wp-content/uploads/2024/05/InformeAnualLGBTI2023.pdf https://agenciapresentes.org/2022/06/15/peru-el-tribunal-constitucional-se-nego-a-reconocer-dos-matrimonios-igualitarios-contraidos-en-otros-paises/ https://www.demus.org.pe/wp-content/uploads/2021/12/Informe-Alternativo-y-anexos-ComitA%CC%83%C2%A9-CEDAW-1dic21.pdf https://img.lpderecho.pe/wp-content/uploads/2023/07/Expediente-00931-2020-LPDerecho.pdf https://www.reuters.com/world/americas/peruvian-court-opens-door-legally-recognize-same-sex-couples-2023-07-22/ Date: July 22, 2023" |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Foreign same-sex marriages recognized only | |
| Description | Article 5 Chapter 2 of the Peruvian constitution defines marriage to be a "stable union" between a man and a woman. | Peru just registered a gay marriage that occurred in Argentina, meaning the country does recognise foreign SSM. |
Show Difference | ||
| Sources | http://www.congreso.gob.pe/_ingles/CONSTITUTION_29_08_08.pdf | https://www.reuters.com/world/americas/peruvian-court-opens-door-legally-recognize-same-sex-couples-2023-07-22/ Date: July 22, 2023" |
Show Difference | ||
Reports (2)
- Status is not correct "To date non-LGBT marriage has been recognized in Peru."
- Status is not correct "They're not recognized even if in theory they should. Oscar Ugarteche's foreign same-sex marriage was denied by the Constitutional Court in 2020. Sources:
https://larazon.pe/tc-rechazo-el-matrimonio-de-oscar-ugarteche/
https://tvperu.gob.pe/noticias/nacionales/tc-rechazo-demanda-para-reconocer-union-matrimonial-de-oscar-ugarteche"
| Original entry | |
|---|---|
| Status | |
| Start Date | Oct 31, 2006 |
| End Date | (none) |
| Description | Article 5 Chapter 2 of the Peruvian constitution defines marriage to be a "stable union" between a man and a woman. |
| Sources | http://www.congreso.gob.pe/_ingles/CONSTITUTION_29_08_08.pdf |
Reports (4)
- Other "– A Peruvian high court has ordered same-sex unions to be legally registered in public records"
- Other
- Newer law has been passed "Peru just registered a gay marriage that occurred in Argentina, meaning the country does recognise foreign SSM.
https://www.reuters.com/world/americas/peruvian-court-opens-door-legally-recognize-same-sex-couples-2023-07-22/
Date: July 22, 2023"
- Status is not correct "There are no Same sex marriage NOR Civil Unions in Peru."