Latin American country rejects same-sex marriage in landmark court case; not a “human right”

Panama’s Supreme Court has ruled against same-sex marriage, stating that it is not a human right, closing the door to the institution of the practice through a judicial ruling.

“There is one reality, and it is that, up until now, the right to equal marriage is nothing more than an aspiration, albeit a legitimate one for the groups involved, and does not fall into the category of a human right or a fundamental right the court said, in its ruling dated Feb. 16 but made public March 1.

The case is the result of same-sex couples who had married in other countries trying to have their unions recognized in Panama.

But the court ruled that “no matter how much reality changes,” same-sex marriage “lacks conventional and constitutional recognition,” AFP reported.

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The Supreme Court insinuated in its ruling that the country’s family code gave priority to unions “able to establish families giving continuity to the human species, and therefore to society,” according to Newsroom Panama.

A woman holds up a sign that reads In case you haven't noticed, we are sovereign during a protest against same-sex marriage, in front of the Supreme Court of Justice, in Panama City on October 7, 2020. - I protesters asked the magistrates of the Supreme Court not to accept the complaint of unconstitutionality of article 26 of the family code, which only recognizes the union between a man and a woman.

A woman holds up a sign that reads In case you haven’t noticed, we are sovereign during a protest against same-sex marriage, in front of the Supreme Court of Justice, in Panama City on October 7, 2020. – I protesters asked the magistrates of the Supreme Court not to accept the complaint of unconstitutionality of article 26 of the family code, which only recognizes the union between a man and a woman. (LUIS ACOSTA/AFP via Getty Images)

A commission established in 2022 looked into the matter, hearing from members of the public who spoke about why they were seeking same-sex marriages, civil rights activists and a delegation from Panama’s national government.

Yamileth Garces, a Panamanian woman seeking recognition of her marriage, said the country “segregates us… minimizes our worth to society… condemns us to live in obscurity.”

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The ruling also complicates probate law issues and raises difficulties with potential medical decisions among other legal issues.

The new ruling 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 states, including Panama.

Panama's President Laurentino Cortizo delivers a speech during 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 to overfishing and mining.  Some 600 government officials, business people, environmental activists and academics are expected to join the two-day Our Ocean conference in the Central American country.

Panama’s President Laurentino Cortizo delivers a speech during 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 to overfishing and mining. Some 600 government officials, business people, environmental activists and academics are expected to join 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 currently president of the Fundación Iguales, told Human Rights Watch that same-sex couples are “invisible” in the country.

“Recently, Panama’s National Assembly passed a new adoption law, which included a ban on adoption by same-sex couples,” Barahona said. “Even though 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 decreed 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 on October 07, 2020. - Protesters asked Court magistrates supreme not to accept a denunciation of unconstitutionality against article 26 of the family code, which only recognizes the union between a man and a woman.

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 on October 07, 2020. – Protesters asked Court magistrates supreme not to accept a denunciation of unconstitutionality against article 26 of the family code, which only recognizes the union between a man and a woman. (Luis Acosta/AFP via Getty Images)

“Being homosexual is not a crime,” Francis told the Associated Press. “It’s not a crime. Yes, but it’s a sin. Well, but first let’s distinguish between sin and crime.”

The Pope also addressed how some Catholic bishops support laws criminalizing homosexuality in some parts of the world. He, too, referred to the issue in terms of “sin,” but said bishops and others should go through a process to change their thinking and recognize the dignity of all people.

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“These bishops must have a process of conversion,” he said, saying bishops should observe the same “tenderness that God has for each of us.”

Lawrence Richard of Fox News Digital contributed to this report.

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