LGBTQ rights in Peru

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Peru face some legal challenges that other residents do not. While same-sex activity among adults who agree to it is allowed, couples who are the same sex do not receive the same legal protections as couples who are opposite-sex.

In January 2017, a rule from President Pedro Pablo Kuczynski began, stopping all forms of unfair treatment and hate crimes based on sexual orientation and gender identity. Also in 2017, a court in Lima made a big decision to recognize and record a same-sex marriage that happened in Mexico City in 2010, though this decision was later changed in 2018.

For a long time, homosexuality has been used as a reason to end marriages or divorces in Peru. Some laws that protect “public morals” have also been used against lesbian and gay people. Society in Peru has often been unkind toward LGBTQ individuals, influenced by the views of the Catholic Church. Groups like the Movimiento Homosexual de Lima (MHOL), started in 1982, work to support equal rights. In the first Lima Pride parade in 2002, many people wore masks to stay safe. For more about older times, see homosexuality in ancient Peru.

History

Main articles: LGBTQ history in Peru and Homosexuality in ancient Peru

Pre-Columbian Era

In ancient times, many different groups lived in what is now Peru. We know very little about their views on relationships between people of the same gender.

Moche culture

The Moche people lived in northern Peru long ago. They showed same-gender relationships in their artwork, but later visitors destroyed many of these pieces.

Inca Empire

Some parts of the Inca Empire accepted same-gender relationships, while other parts punished them very harshly.

Aymara people

The Aymara people have different views. Some believe people with same-gender feelings have special powers.

Legality of same-sex sexual activity

In Peru, people who are in love and agree to be together are allowed to do so. This has been true since 1924 when new rules were made. Before that, there were different rules, and some people could get in trouble for loving others the same way.

Today, the age when someone can agree to be in a loving relationship is 14, no matter who they are or who they love. This rule was decided in 2012 by an important court in Peru.

Recognition of same-sex relationships

On 8 August 2020, the Ministry of Economy and Finance decided that same-sex partners of health-care workers can inherit benefits.

Civil unions

On 26 July 2010, a deputy announced plans to introduce a bill to allow civil unions for same-sex couples. However, the bill did not pass because some members believed the Constitution needed to be changed first.

Before the 2011 election, two presidential candidates supported civil unions, but they were not elected. The elected president did not support legal recognition for same-sex couples. In 2014, a legislator received thousands of signatures supporting civil unions and hoped to change the law to reduce discrimination against LGBTQ Peruvians.

The bill to allow civil unions was discussed many times but kept being delayed. In 2015, it was rejected by a committee. Later in 2016, new lawmakers reintroduced the bill, and the president at the time supported civil unions during his campaign.

Same-sex marriage

On 14 February 2017, a bill to allow same-sex marriage was introduced in Congress. The bill aimed to change the law so that marriage could be between any two people who agree to it.

Recognition of marriages performed abroad

In 2016, a court in Peru decided that a same-sex couple married in Belgium could register property they bought in Peru. The court said that because their marriage was legal in Belgium, Peru should recognize it for property purposes.

In 2017, another court ordered Peru to recognize a same-sex marriage performed in Mexico. The court said it was unfair not to recognize the marriage just because it was between two people of the same sex. However, the recognition was later dismissed because the couple filed their case too late.

In 2019, another court ordered Peru to recognize a same-sex marriage performed in Miami.

In 2020, a court rejected a request to recognize another same-sex marriage.

In June 2022, a court decided that Peru did not need to follow a recommendation from an international court to allow same-sex marriage.

Discrimination protections and hate crime laws

Peru’s Constitution says everyone should be treated equally and not discriminated against. This can include people based on who they love or how they express their gender, even if it’s not written directly in the law. In 2004, Peru allowed people to use a special legal tool to protect themselves from unfair treatment because of who they love.

In 2017, Peru made it official that discriminating against or being hateful toward people for who they love or how they express their gender is against the law. But in 2017, some leaders tried to take this protection away. The president disagreed and kept the protection in place. As of late 2018, these protections were still active.

In 2023, an important court decided that Peru did not treat someone fairly when they were treated badly in a store just for showing affection with their partner. This was the first time a court said that treating someone unfairly because of who they love was wrong in Peru.

Regional laws

Besides the national rules, some parts of Peru, like Ayacucho, La Libertad, and Loreto, also have their own laws to make sure people are not treated unfairly because of who they love or how they express their gender. Other places, like Amazonas and Apurímac, have some protections too.

Gender identity and expression

In Peru, transgender people can change their names to match who they are. In 2014, a court decided that a transgender woman could not change her gender on her official documents. But in 2016, the court changed its mind and said that people should be respected for who they feel they are, not just what biology says. Now, transgender people in Peru can ask a judge to change their gender on official papers without needing surgery.

In 2024, the government said that being transgender was a mental health issue, which upset many people. They protested, and later the government changed its mind again, saying they would not call transgender people sick or disordered. Instead, they would use a different term for health services.

Conversion therapy

In Peru, doctors and other medical workers are not allowed to try to change a person’s sexual orientation or gender identity through special treatments called conversion therapy. In May 2024, the country’s Ministry of Health said clearly that being lesbian, gay, bisexual, transgender, or queer is not an illness, so these treatments should not be used. This reminder was based on guidance they gave earlier, in 2021.

Military service

In the past, some military and police rules made it hard for people who were gay or lesbian to join or stay in the service. But in 2004, a court decided that it was unfair to treat people this way, because similar actions by others were allowed. This helped make things more equal for everyone.

Blood donation

In July 2015, the Health Ministry said it was wrong when a lesbian woman was turned down for donating blood just because of her sexual orientation. They said being lesbian, gay, bisexual, or transgender should not stop someone from donating blood.

But in early 2018, a comedian named Carolina Silva Santisteban was not allowed to donate blood because of her sexual orientation. Even though the rules say healthy people can donate, some blood drives still turned away people because of who they love.

Living conditions

People who identify as LGBTQ in Peru sometimes face challenges that others do not. However, some laws protect them, such as the right to donate blood, the right for transgender people to change their legal gender, the right to serve openly in the military, and the right to be protected from unfair treatment.

Each year, pride parades are held in cities like Lima, Arequipa, Trujillo, Chiclayo, Iquitos, Piura, Cusco, and Callao. These events celebrate people who are LGBTQ and bring together many supporters.

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