by Panama’s Supreme Court has ruled against same-sex marriage, saying it is not a human right, closing the door on establishing the practice through court rulings.
“There is a reality, and that is that, so far, the right to equal marriage is no more than an aspiration, even though it is legitimate for the groups involved, and does not fall into the category of a human right or a fundamental right,” the court said in the ruling. dated February 16, but released on March 1.
The case arose from same-sex couples married in other countries seeking to have their unions recognized in Panama.
But the court ruled that “no matter how many changes actually occur,” same-sex marriage “lacks contractual and constitutional recognition,” Agence France-Presse reported.
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The Supreme Court implied in its ruling that the country’s Family Code prioritized unions “capable of establishing families in continuation of the human species, and therefore, of society,” according to Newsroom Panama.
A woman holds a sign that reads In case you haven’t noticed, we are sovereign during a protest against same-sex marriage, outside the Supreme Court of Justice, in Panama City, on October 7, 2020. – Protesters called on the judges of the Supreme Court not to accept a claim of unconstitutionality against Article 26 of the Family Code, which recognizes only the union between a man and a woman. (LUIS ACOSTA/AFP via Getty Images)
A committee established in 2022 considered the issue, hearing from members of the public who spoke about their reasons for seeking same-sex marriage, civil rights activists and a delegation from the National Government of Panama.
Yamileth Garces, a Panamanian woman seeking recognition of her marriage, said the country “separates us … minimizes our value before society … condemns us to live in darkness.”
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The decision also complicates issues of inheritance law and creates difficulties with potential medical decisions among other legal issues.
The new decision will also require some reconciliation with a 2018 ruling by the Inter-American Court of Human Rights, which ruled that same-sex couples had the same rights as heterosexual couples, which applied to all members — including Panama.
Panamanian President Laurentino Cortizo delivers a speech at the opening of the Our Ocean Conference at the Panama Convention Center in Panama City on March 2, 2023. – Leaders gather in Panama to discuss the world’s oceans and the multiple threats they face, from climate change and pollution in overfishing and mining. About 600 government officials, businessmen, environmental activists and academics are expected to attend the two-day Our Ocean conference in the Central American country. (Luis Acosta/AFP via Getty Images)
Iván Chanis Barahona, a lawyer and human rights activist who currently serves as president of Fundación Iguales, told Human Rights Watch that same-sex couples are “invisible” in the country.
“Recently, the National Assembly of Panama passed a new adoption law, which included a ban on adoption by same-sex couples,” Barahona said. “Although the president partially vetoed this law, he did not object to these discriminatory provisions.”
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In Central America, only Costa Rica independently recognizes same-sex marriage, and some believe the strong presence of the Catholic Church in the region influences decisions.
But Pope Francis recently ruled that same-sex marriage is not a crime, but remains a sin in the eyes of the church.
Men climb a light pole with a Panamanian flag during a protest against same-sex marriage, outside the Supreme Court of Justice, in Panama City, October 7, 2020. – Protesters asked Supreme Court justices not to accept claim of unconstitutionality under article 26 of the Family Code, which recognizes only the union between a man and a woman. (Luis Acosta/AFP via Getty Images)
“Being gay is not a crime,” Francis told The Associated Press. “It’s not a crime. Yes, but it’s a sin. Fine, but first, let’s distinguish between a sin and a crime.”
The Pope also referred to how some Catholic bishops support laws criminalizing homosexuality in some parts of the world. He also referred to the issue in terms of “sin,” but said bishops and others should undergo a process of changing their thinking to recognize the dignity of all people.
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“These bishops must have a process of conversion,” he said, saying bishops must observe the same “tenderness, as God has for each of us.”
Lawrence Richard of Fox News Digital contributed to this report.
