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Peruvian activist Óscar Ugarteche Galarza married his partner in Mexico and had been trying to get the Peruvian state to recognize his marriage since 2012. After filing a lawsuit against the Civil Registry, the court ruled in his favor.

Photo: Courtesy of Manuel Herrera 

The Peruvian judiciary ordered the National Registry of Identification and Civil Status (Reniec) to recognize the marriage of Peruvian economist Óscar Ugarteche and Mexican Fidel Aroche. A landmark decision in Peruvian society.

Óscar Ugarteche Galarza, one of the founders of the Lima Homosexual Movement (Mhol), married in 2010 in Mexico, where he currently resides. In 2012, he attempted to register his marriage in Peru, but the National Registry of Identification and Civil Status (Reniec) rejected his application.

His fighting spirit and years of LGBTIQ activism prompted him to sue this institution and its public prosecutor.

On Monday, January 9, the 7th Constitutional Court of Lima declared the lawsuit filed by Ugarteche founded and ordered that the registration of the first homosexual marriage in Peru be carried out.

READ ALSO: #Peru: Law against hate crimes and LGBTI discrimination approved

The economist gave a statement to a Peruvian TV channel and expressed his joy at the ruling. “It was years of fighting for non-discrimination. It was a hard battle.” A hard battle that today opens the door for other Peruvians married abroad to have their unions recognized in their country.

This ruling has been a godsend for the LGBTIQ community in Peru, which just a few days ago expressed its joy at the enactment of a law against hate crimes based on sexual orientation and gender identity.

“We celebrate this small victory because it is a gesture that demonstrates that equality is possible in our country. The court ruling simply recognizes a reality: Óscar Ugarteche and Fidel Aroche love each other and have therefore formed a family, which deserves the same rights in both Mexico and Peru,” Liliana Huaraca, spokesperson for the Equal Marriage Peru collective, Presentes

Oscar Ugarteche's ruling on same-sex marriage by Andrea Baldwin on Scribd

They will appeal the ruling

Not everything is rosy. Benito Portocarrero, manager of Institutional Image at Reniec, stated that the institution will appeal the court ruling. "Marriage is the union voluntarily agreed upon by a man and a woman legally eligible to enter into it," the official told a local radio station.

What will happen?

Once the appeal is filed through legal channels, the case file will be sent to the Lima Superior Court Chamber, and this body will set a date for the hearing to hear the arguments of Reniec and Ugarteche's lawyer.

“In the appeal, it is up to Reniec to point out the arguments why this solid ruling should be reversed and, based on these grievances, the Court will decide,” Bruno Fernández De Córdova Jauregui, a legal expert from the Sin Etiquetas website, Presentes

Two things could happen: the initial ruling could be upheld, or Ugarteche's claim could be dismissed. If the latter occurs, the economist would have the option of appealing to the Constitutional Court of Peru through a constitutional grievance action. In this case, the Constitutional Court would order Reniec to recognize the marriage.

Tasks to do

Since the news broke, the Equal Marriage group has started a campaign under the hashtag #LoveUnitesUs.

Today, it is up to civil society to demand that all the rights of LGBTQ+ people be recognized. The LGBTQ+ community will seek dialogue with different political forces to push for the introduction of a bill that finally recognizes same-sex love under the law.

No crumbs 

Gabriela Zavaleta, an LGBTIQ activist and driving force behind the Civil Union project (in 2013 and 2014), told this publication that they must fight for everything. “The biggest lesson the Civil Union taught us was that those who refuse to recognize equality for LGBTI people in Peru will not recognize even the smallest things if it depends on having to ask for them.”

For Zavaleta, the fight for marriage equality should not be waged through Congress. “Victories will be won through the courts, which is why the good news about Óscar and Fidel should motivate more couples to overcome their fear of stigma and rejection and demand recognition of their rights—all their rights. The time is now,” he argued.