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 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.
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.
“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.