Panama’s Supreme Court has ruled that same-sex marriage is not considered a human right, and as a result, the country is not obligated to recognize such unions. This judgement, published on Wednesday, follows a lengthy deliberation that began in 2016. The court was addressing appeals from same-sex couples who argued that the Central American nation’s family code, which only recognizes marriages between a man and a woman, is unconstitutional.
In its ruling dated February 16, the court stated, “There is a reality, and it is that, until now, the right to equal marriage is no more than an aspiration, even though a legitimate one for the groups involved, and it does not fall into the category of a human right or a fundamental right.” The same-sex couples involved in the case sought legal recognition for marriages performed in other countries. However, the court asserted that, “no matter how many changes happen in reality,” gay marriage “lacks conventional and constitutional recognition” at this time.
The court further justified the family code, stating it is “objectively and reasonably justified in the general interests of giving precedence to those unions capable of establishing families, giving continuity to the human species, and therefore, to society.” The Catholic Church, which opposes same-sex marriage, wields considerable political influence in Panama.
In 2018, the Interamerican Court of Human Rights ruled that same-sex couples are entitled to the same marriage rights as opposite-sex couples, a binding judgement applicable to all member countries, including Panama. Despite this, Costa Rica remains the only Central American nation to recognize same-sex marriages. Following the February 16 ruling, Ivan Chanis, president of the gay rights organization Fundacion Iguales, expressed disappointment, stating that the Panamanian justice system “has rejected the recognition of the dignity of same-sex couples and their right to build a family in Panama.”
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