Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Peru face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity among consenting adults is legal. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
In January 2017, a decree issued by President Pedro Pablo Kuczynski took effect, prohibiting all forms of discrimination and hate crimes on the basis of sexual orientation and gender identity. In a landmark ruling published on 9 January 2017, the 7th Constitutional Court of Lima ruled in favor of recognizing and registering a same-sex marriage, between a Peruvian citizen and a Mexican citizen, performed in Mexico City in 2010. In March 2018, the ruling was reversed by the Supreme Court of Peru on procedural grounds.
Homosexuality has been used as grounds for separation or divorce in Peru. Laws meant to protect "public morals", such as Article 183 of the Penal Code on "obscene exhibitions and publications", have also been used against lesbians and gay people. Society's attitude towards homosexuals has generally been hostile and is still heavily influenced by the Catholic Church. The organisation (MHOL) was founded in 1982 to advocate for LGBTQ rights in the country. During the first Lima Pride parade in 2002, most demonstrators wore masks to avoid persecution.
History
Pre-Columbian era In pre-Columbian times, different ethnic groups existed in Ancient Peru. Gender studies carried out for this period are scarce, and very little is known about pre-Columbian homosexual practices.
Moche culture In the Moche culture, which developed in northern Peru between 300 BCE and the 700s CE, homosexuality was regarded as normal, as attested by its ceramics (locally called huacos), 40% of which depict homosexual relationships. Later, with the arrival of the Spanish conquistadors, many of these huacos were destroyed as they were considered immoral.
Inca Empire According to the chronicler Pedro Cieza de León in Crónica del Perú, unlike in the rest of the Inca Empire, homosexuality was tolerated in the north (Chinchaysuyo) and even considered an act of worship; male brothels served the troops. These sexual servants were known as pampayruna.
The Incas held lesbians, whom they called holjoshta, in special regard. The Inca Capac Yupanqui was known for his affection for these women.
However, in the center and the south of the empire the Incas severely punished homosexuality. The chronicler Martín de Murúa commented in his General History of Peru that the Inca Lloque Yupanqui punished "with great severity public sins – stealing, killing – and sodomy, for which he restrained, plucked his ears, pulled his nose and hanged him, and he cut the necks of the nobles and principals or tore their shirts."
The Inca Garcilaso de la Vega relates in his Royal Commentaries of the Incas that homosexuality in the Inca Empire was prohibited and that "sodomites" were persecuted and burned alive.For his part, Cieza de León commented in his Chronicle of Peru that the Incas punished those who practiced homosexuality: "they hated those who used it, considering them as vile timid people and that if it was known to anyone that such a sin had committed, they punished him with such a penalty that it would be pointed out and known among everyone."
Aymara people Attitudes varied among the Aymaras, who reside southwest of the Peruvian mountains. In the superstitions of certain sub-ethnic groups, homosexuals were considered an omen of bad luck. Some communities showed a degree of acceptance, respect, and understanding; in others, homosexuals were considered special, magical beings endowed with supernatural powers, and were recognized as shamans.
Viceroyalty era
With the arrival of the Spanish conquistadors and the creation of the Viceroyalty of Peru, Catholicism was introduced, and with it the Inquisition. Some Spanish, Creole, and mestizo homosexuals, faced with the repressive laws of the time, conducted their relationships clandestinely, as in other European overseas territories in the Americas. This subculture was concentrated in the capital of the Viceroyalty, the City of the Kings. A much-loved Lima character from the end of the viceregal era and the beginning of the Republic was Juan José Cabezudo, a famous Afro-Peruvian cook nicknamed "el maricón". He was portrayed in two watercolors by Pancho Fierro and also in a daguerreotype by the Courret house.
Legality of same-sex sexual activity In Peru, consensual same-sex sexual activity has been legal since the enactment of the 1924 Penal Code. From 1836 to 1838, the Bolivian Penal Code, which was imposed by General Andrés de Santa Cruz when the Peru–Bolivian Confederation was established, did not expressly prohibit homosexuality. The first Criminal Code of Peru, approved in 1863, included sodomy as a criminal act. According to article 272, someone committing sodomy would be imprisoned, with the same penalties as imposed on the perpetrators of crimes related to rape and statutory rape.
The age of consent in Peru has changed several times during recent years, and has been subject to political debate, but today it is fixed at 14, regardless of gender and/or sexual orientation, in accordance with a 2012 decision of the Constitutional Court of Peru.
Recognition of same-sex relationships On 8 August 2020, the Ministry of Economy and Finance ruled that same-sex partners of health-care workers are eligible to inherit benefits.
Civil unions On 26 July 2010, Deputy José Vargas of the ruling party Alianza Popular Revolucionaria Americana announced that he would introduce a bill legalizing civil unions. However, in early 2011, the bill died in the Justice Committee because some of its members believed it would be necessary to change the Constitution in order to approve the law.
Prior to the 2011 Peruvian general election, two of the presidential candidates, Keiko Fujimori and Alejandro Toledo, expressed their support for civil unions for same-sex couples, but neither of them were elected. The winner of the election, Ollanta Humala, had stated that he opposed legal recognition for same-sex couples. In April 2014, legislator Carlos Bruce received a petition signed by 10,000 people in favor of allowing civil unions for same-sex couples.10 thousand sign petition in favor of civil union for gay couples , Peru this Week, 2 April 2014 Bruce, who proposed the change in the law in September 2013, expressed his hope that it would alleviate the discrimination faced by LGBTQ Peruvians.
The bill was scheduled to be debated on 7 April in front of the Commission of Justice and Human Rights, but ultimately was postponed until after Easter. In June 2014, a number of bills granting various forms of recognition were discussed in Congress. After the debate, politician Carlos Bruce, who had earlier stated publicly that he was gay, decided that his original civil union bill providing same-sex couples with more comprehensive rights should be voted on separately from the other proposals. More than one bill allowing for the recognition of same-sex relationships was scheduled to be discussed in the following parliamentary session, which began in August, though the debate was eventually postponed once more.
In mid-December 2014, during the last week of the 2014 legislative year, it was announced that the bill would be the first thing on the Government's agenda in the new parliamentary session, which began in early March 2015. On 10 March, Bruce's civil union bill was rejected on a vote of 7–4 with 2 abstentions and 2 absences in the Justice Committee. One senator called for Congress to reconsider the bill and the motion was scheduled for a vote on 17 March, but the meeting was suspended due to a lack of attendance by senators. Also on the agenda was an alternate proposal called a solidary union which was scheduled for a vote within two weeks, though the meeting never materialised. On 14 April 2015, the bill was officially shelved by the Justice Committee after receiving only two votes in favor of its reconsideration.
Congressmen Carlos Bruce and Alberto de Belaunde, from the center-right party Peruvians for Change, reintroduced a civil union bill in Congress in late November 2016. The bill bears the signatures of various politicians, namely Gino Costa, Sergio Dávila, Vicente Zeballos, Ana María Choquehuanca, Guido Lombardi, Janet Sánchez Alva, Juan Sheput and Vice President Mercedes Aráoz. President Pedro Pablo Kuczynski announced his support for same-sex civil unions during his presidential campaign.
Same-sex marriage On 14 February 2017, a bill legalizing same-sex marriage was introduced in the Peruvian Congress. The bill is sponsored by Indira Huilca, Marisa Glave, Tania Pariona Tarqui, Alberto Quintanilla, Manuel Dammert, Horacio Zeballos, Marco Arana and Edgar Ochoa from the Broad Front and Alberto de Belaunde, Guido Lombardi and Carlos Bruce from the Peruvians for Change. Huilca said that the legislation was not about "creating ad hoc legal recognition" for same-sex couples but to extend equal rights. "Neither more nor less than that." The proposal seeks to alter Article 234 of the Civil Code to define marriage as "the union voluntarily agreed upon by two persons legally able to do so".
Recognition of marriages performed abroad On 16 September 2016, the Registry Tribunal of the National Registry of Identification and Civil Status (RENIEC) ruled in favor of a same-sex couple married abroad, considering that same-sex marriage does not contravene international law and order. The couple, married in Belgium, sought to register property they purchased in the country. However, the public registrar refused. On 3 February, the court determined that the applicable law in this case was Belgian law and not Peruvian law. As such, it ruled that the couple can purchase and register property in Peru. The public registrar again refused, saying that although in this case the marriage had been contracted under Belgian law, this contravened international law and order under treaties signed by Peru. In September, the court ruled that the marriage could not be incompatible with international public order because same-sex marriage is allowed in many countries and again ruled that Peruvian law was not applicable to the case because it is a marriage governed under the laws of Belgium. As a result, same-sex couples who have married in a foreign country will have no problems in registering property they purchased in Peru and have their economic rights recognized.
In a ruling published on 9 January 2017, the 7th Constitutional Court of Lima ordered the RENIEC to recognize and register the marriage of a same-sex couple, Oscar Ugarteche and Fidel Aroche, who had previously wed in Mexico City. Ugarteche is the founder of the Homosexual Movement of Lima, a Peruvian LGBTQ advocacy group that was founded in 1982. The court ruled that not recognizing same-sex marriages performed in other countries would be highly discriminatory and contrary to both the Peruvian Constitution and many international provisions. The court found that the only reason upon which the marriage was not recognized was because it was concluded between persons of the same sex, and that argument is not reasonable and objective. Additionally, it cited many international precedents, including Atala Riffo and Daughters v. Chile and Obergefell v. Hodges. RENIEC stated it would appeal the ruling to the Superior Court of Justice of Lima. The Superior Court of Justice dismissed the case in March 2018, because Ugarteche had filed the lawsuit against RENIEC six days too late. The Court did not rule on the merits of the case, however. Ugarteche has announced his intention to appeal to the Constitutional Court. The Court heard the case on 20 June 2018.