"It is not a human right": Panama rejects same-sex marriage.

Panama's Supreme Court has recently made a ruling that has caused disappointment and outrage among the country's LGBTQ+ community and their supporters. The Court has refused to endorse egalitarian marriage, stating that it is not a human right recognized by the country's Constitution. This means that same-sex couples will not be able to legally marry in Panama, and those who have gotten married in other countries will not have their unions legally recognized in Panama.

The ruling came after the Court had been without ruling on several unconstitutionality appeals against the Panamanian Family Code since 2016. The appeals were filed by several Panamanian same-sex couples seeking to have their marriages, celebrated in other countries, legally authorized in Panama. However, the Court rejected their appeals, stating that equal marriage "lacks conventional and constitutional recognition" in Panama.

"There is a reality, and that is that, so far, the right to equal marriage does not go beyond being an aspiration that, although legitimate for the groups involved, does not have the category of human right or fundamental right," the Court said in its resolution.

Disappointment and outrage.

Many argue that the ruling is discriminatory and violates the rights of same-sex couples to marry and have their unions legally recognized. Some have also criticized the Court's reasoning, arguing that the right to marry is a fundamental human right that should not be denied to any individual or group.

It is impressive that the CSJ ignores the American Convention on Human Rights and issues a ruling stating that equal marriage is not a positive human right. It shames the country with a ruling asserting ignorance to support the violation of the most fundamental rights of LGTBQI+ people. -@anseatico on Twitter.

It is worth noting that Panama is not the only country in the region that does not recognize same-sex marriage. Several other countries in Latin America have also been slow to embrace marriage equality. However, there have been some positive developments in recent years. For example, in 2019, Ecuador's Constitutional Court legalized same-sex marriage, and in 2020, Costa Rica became the first country in Central America to legalize same-sex marriage.

Those norms "are objectively and reasonably justified in the general interest of giving prevalence to those unions with the potential to establish families, give continuity to the human species and, therefore, to society," - the Court said.

Despite these developments, there is still much work to be done to ensure that LGBTQ+ people are treated equally and with respect across the region. Discrimination, violence, and harassment against LGBTQ+ people remain prevalent in many countries, and there is a need for more education and awareness-raising campaigns to promote tolerance and acceptance.

In the case of Panama, the Court's ruling is a setback for the country's LGBTQ+ community, but it is important to remember that progress is not always linear. The fight for equality and human rights is a long and ongoing one, and setbacks are to be expected. However, it is also important to continue pushing for change and advocating for the rights of all people, regardless of their sexual orientation or gender identity.

In the coming years, it is likely that more countries in the region will legalize same-sex marriage, and it is possible that Panama may eventually follow suit. However, this will only happen if there is a sustained effort to raise awareness about the importance of equality and human rights and to push for change at all levels of society.

The announcement of the ruling coincides with Wednesday's celebration of the International Day of Zero Discrimination, a day of protest recognized by the UN.

Source: AFP, Supreme Court of Panama

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By Veny West | Twitter

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