San Marcos is governed by federal Guatemala law. Learn more
    Homosexuality
    ⚢
    ✔ Legal
    Gay Marriage
    ⚭
    ✖ Unrecognized
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Illegal
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Unknown
    Military
    ✖ Lesbians, gays, bisexuals permitted, transgender people banned
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in San Marcos

?

Homosexual activity in San Marcos is legal.

Current status
Since 1871
Legal
Details
Sources:
glbtq.com/social-sciences/g…
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Same-sex marriage in San Marcos

?

Same-sex marriage in San Marcos is unrecognized.

Current status
Since May 29, 1995
Unrecognized
Article 78 of the civil code defines marriage to be a union between a man and a woman
Details
Sources:
ifes.org/~/media/Files/Publications/Constitutional%20Law/1996/IFES_28/CON00118.pdf
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Censorship of LGBT issues in San Marcos

?

Censorship of LGBT issues in San Marcos is no censorship.

Current status
No censorship
In Guatemala, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
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Right to change legal gender in San Marcos

?

Right to change legal gender in San Marcos is illegal.

Current status
Illegal
According to ILGA laws in force in Guatemala do not allow for gender marker change in identification documents.
Details
Sources:
database.ilga.org/guatemala-lgbti
upr-info.org/sites/default/…
nationalgeographic.com/maga…


nbcnews.com/news/latino/gua…
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Gender-affirming care in San Marcos

?

Gender-affirming care in San Marcos is legal.

Current status
Since 2005
Legal
In 2005, Guatemala adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Details
Sources:
ourworldindata.org/grapher/…
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Legal, but restricted for minors
In 1980, Guatemala adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
Details
Sources:
ourworldindata.org/grapher/…
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Until 1979
Banned
Medical transition is not possible
Details
Sources:
ourworldindata.org/grapher/…
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Legal recognition of non-binary gender in San Marcos

?

Legal recognition of non-binary gender in San Marcos is not legally recognized.

Current status
Not legally recognized
Missing non-binary options.
Details
Sources:
nationalgeographic.com/maga…
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LGBT discrimination in San Marcos

?

LGBT discrimination in San Marcos is illegal in some contexts.

Current status
Since 2021
Illegal in some contexts
Government Agreement Number 62-2024, issued on April 19, 2024, which approves the Code of Ethics of the Executive Branch, prohibits discrimination based on sexual orientation and gender identity in the public sector. It establishes that it is applicable to all public servants, contractors or other persons linked to the Executive Branch.

The Code of Ethics and Integrity of the National Registry of Persons (2021) prohibits discrimination based on gender identity.
Details
Sources:
database.ilga.org/guatemala-lgbti
legal.dca.gob.gt/GestionDoc…
legal.dca.gob.gt/GestionDoc…
iglhrc.org/content/guatemal…
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LGBT employment discrimination in San Marcos

?

LGBT employment discrimination in San Marcos is no protections.

Current status
No protections
There are no laws protecting LGBT people from discrimination.
Details
Sources:
database.ilga.org/guatemala-lgbti
upr-info.org/sites/default/…
nbcnews.com/news/latino/gua…
Report error  ·  Log

LGBT housing discrimination in San Marcos

?

LGBT housing discrimination in San Marcos is no protections.

Current status
No protections
There are no laws protecting LGBT people from discrimination.
Details
Sources:
database.ilga.org/guatemala-lgbti
upr-info.org/sites/default/…
ilga.org/downloads/2017/ILG…
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Same-sex adoption in San Marcos

?

Same-sex adoption in San Marcos is single only.

Current status
Since Dec 31, 2007
Single only
Adoption Law 77/2007 Article 13.
Details
Sources:
siteal.iiep.unesco.org/site…
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Intersex infant surgery in San Marcos

?

Intersex infant surgery in San Marcos is unknown.

Current status
Unknown

Serving openly in military in San Marcos

?

Serving openly in military in San Marcos is lesbians, gays, bisexuals permitted, transgender people banned.

Current status
Lesbians, gays, bisexuals permitted, transgender people banned
Only 22 countries allow Trans service, Guatemala is not one of them
Details
Sources:
insider.com/countries-that-…
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Blood donations by MSMs in San Marcos

?

Blood donations by MSMs in San Marcos is legal.

Current status
Legal under federal Guatemala law
In the requirements for blood donors, there isn't any mention to homosexuality.
Details
Sources:
donaguate.com/requisitos#:~:text=No%20puedes%20donar%20si%20en,con%20trabajadores%20comerciales%20del%20sexo
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Conversion therapy in San Marcos

?

Conversion therapy in San Marcos is not banned.

Current status
Not banned
Unknown.
Details
Report error  ·  Log

Equal age of consent in San Marcos

?

Equal age of consent in San Marcos is equal.

Current status
Since Jan 1, 1871
Equal
Details
Report error  ·  Log
Equality Index ?
40 / 100
Legal Rights
51 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in San Marcos to help improve its accuracy.

Top Contributors

San Marcos LGBT Organizations

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  • Is homosexuality legal in San Marcos?
  • Is gay marriage legal in San Marcos?

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