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

The Supreme Court of Panama has ruled against same-sex marriage, saying it is not a human right, closing the door to establishing the practice through legal regulation.

“There is a truth, and that is that, so far, the right to equal marriage is no more than a wish, even if it is valid for the groups involved, and it does not come into the category of human right or its fundamental right,” said the court, in the decision dated February 16 but published on March 1.

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

But the court concluded that “no matter how many changes occur in reality,” same-sex marriage lacks conventional and constitutional recognition,” said the AFP.

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The Supreme Court meant with its decision that the country’s Family Code gave priority to unions “capable of establishing families giving continuity to the human species, and therefore, to society- social,” according to Newsroom Panama.

A woman holds a sign reading If you haven’t noticed, we are sovereign at a protest against same-sex marriage, outside the Supreme Court of Justice, in Panama City, on 07 October 2020 – Activists asked the magistrates of the Supreme Court not to accept an unconstitutional claim against 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, listening to members of the public who spoke about why they sought same-sex marriages, civil rights activists and a delegation from the National Government of Panama.

Yamileth Garces, a Panamanian woman seeking recognition of her marriage, said that the country “isolates us… diminishes our value before society… condemns us to live in darkness.” ”

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The ruling also complicates matters of inheritance law and raises problems with possible medical decisions among other legal questions.

The new decision also requires some reconciliation with a 2018 ruling from the Inter-American Court of Human Rights, which ordered same-sex couples had the same rights as heterosexual couples, which applied to all member – 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 many threats they face, from climate change and pollution to overfishing and mining. Around 600 government officials, businessmen, environmental activists and academics are expected to rub shoulders at 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 is currently the 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 law on adoptions, which included a ban on adoption by same-sex couples,” Barahona said. “Although the president stopped on this law to some extent, he did not object to those discriminatory provisions.”

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In Central America, only Costa Rica independently recognizes same-sex marriage, and some believe that the strong presence of the Catholic Church in the region influences the decisions.

But Pope Francis recently ordered that same-sex marriage is not a crime but is still 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 called on magistrates of the High Court not to accept an unconstitutional appeal against article 26 of the Family Code, which recognizes only 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 is a sin. Fine, but first, let’s distinguish between sin and crime.”

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

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“These bishops must have a conversion process,” he said, adding that the bishops should look for the same “hope that God has for each one of us.”

Fox News Digital’s Lawrence Richard contributed to this report.