First modification:
In Panama, the Supreme Court has rejected the recognition of marriage for all, ruling that it is an “aspiration” and not a “human right.” The Panamanian Family Code only recognizes marriage between a man and a woman.
The Supreme Court of Panama rejected this March 1 to recognize equal marriage, considering that it is not a human right recognized by the Constitution.
Unconstitutionality appeals
“There is a reality, and that is that, until now, the right to equal marriage has not been more than an aspiration that, although legitimate for the groups involved, does not have the category of human right or fundamental right,” the Court indicated in its failed.
Since 2016, the Supreme Court has not ruled on various unconstitutionality appeals against the Panamanian Family Code, which only recognizes marriages between a man and a woman.
The appeals before the highest court were presented by several same-sex Panamanian couples who wanted their marriages, celebrated in other countries, to be legally recognized in Panama. However, the Court stated that “no matter how many changes occur in reality”, for now equal marriage “lacks conventional and constitutional recognition” in Panama.
A “cowardly” mistake
The ruling, approved on February 16 by six of the nine magistrates of the Court, but released this Wednesday by the judiciary, also affirms that several articles of the Family Code that some couples sought to challenge are not unconstitutional.
These norms “are objectively and reasonably justified in the general interest to give precedence to those unions with the potential to establish families, give continuity to the human species and, therefore, to society,” the Court indicated. The announcement of the ruling coincided with the celebration of the International Day of Zero Discrimination, a protest day recognized by the UN.
“Today the Supreme Court of Justice of Panama has cowardly ruled against the law, denying that civil marriage for same-sex couples is a human right,” said Iván Chanis, president of Fundación Iguales.
Panamanian justice “has thus rejected the recognition of the dignity of same-sex couples and their right to form a family in Panama, this is a mockery on the international day of non-discrimination,” added Chanis.
A slap
In 2018, the Inter-American Court of Human Rights, based in Costa Rica, determined that homosexual couples have the same marital rights as heterosexual couples, a binding decision for the twenty countries that recognize this court, including Panama.
In addition, the Inter-American Commission on Human Rights, based in Washington, had already asked Panama on several occasions to recognize equal marriage. According to this body, the silence of the Panamanian justice system violated the human rights of LGBTI people and put them in a “very serious and dramatic” situation.
“It is a slap in the face for all of us, the indignation we feel is immense,” said the president of the Association of New Men and Women of Panama, Ricardo Beteta Bond. “If in Panama there was any doubt that we were discriminated against in our country, this ruling exemplifies it perfectly,” he added.
In Panama, both the Catholic and Evangelical churches have always been opposed to marriage equality. In addition, the internal codes of police institutions and firefighters consider homosexuality a “serious offense”, which can lead to sanctions, including dismissal. Homosexuals and lesbians are also not allowed to donate blood. “Panamanian people of diversity pay a very high price every day for living without any type of right,” said Beteta.
In Central America, only in Costa Rica can people of the same sex get married since 2020, after a decision by the Costa Rican justice system in 2018.
