- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- Ambiguous
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal with restrictions
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Public Opinion
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Homosexual activity in Cajamarca is legal.
Same-sex marriage in Cajamarca is banned.
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.
Censorship of LGBT issues in Cajamarca is no censorship.
Right to change legal gender in Cajamarca is ambiguous.
Even when the judicial outcome may be favorable to the plaintiffs, it has been reported that the National Registry of Identification and Civil Status (RENIEC) almost systematically files appeals to prevent gender marker changes. In 2023, the entity responded that the Civil Code allows it to file appeals to reevaluate the grounds for a decision. “One of the grounds for appeal is when it is considered that the name and/or sex change ordered by the trial judge is not based on justified reasons, as required by Article 29 of the Civil Code, or when the right to reasoned judicial decisions has been violated,” they added.
In 2020, a transgender woman obtained a favorable ruling to change the sex assigned on her ID. The entity had five days to appeal, but, in the midst of Christmas celebrations, it did not do so. With this, Dania became the first trans woman to successfully change her assigned sex without undergoing genital reassignment surgery, although she was asked for psychological certificates to prove that she was trans.
Gender-affirming care in Cajamarca is legal.
Legal recognition of non-binary gender in Cajamarca is not legally recognized.
LGBT discrimination in Cajamarca is illegal.
LGBT employment discrimination in Cajamarca is sexual orientation and gender identity.
LGBT housing discrimination in Cajamarca is sexual orientation and gender identity.
Same-sex adoption in Cajamarca is single only.
Intersex infant surgery in Cajamarca is not banned.
Serving openly in military in Cajamarca is lesbians, gays, bisexuals permitted, transgender people banned.
Blood donations by MSMs in Cajamarca is legal with restrictions.