Peru's Constitutional Court rejected a lawsuit for same-sex marriage.

The Peruvian Constitutional Court decided on November 3 to reject the lawsuit filed by activist Oscar Ugarteche.

November 3, 2020

By Vero Ferrari , from Lima

Behind closed doors and in a private session, the Peruvian Constitutional Court decided on November 3 to reject the lawsuit filed by Oscar Ugarteche seeking to have his marriage to Fidel Aroche, performed in Mexico, registered by the National Registry of Identity and Civil Status. In doing so, they are turning their backs on thousands of couples seeking to formalize their relationships and obtain the protections and guarantees that the State offers to these marriage contracts.

“This ruling is a setback for equal rights in Peru. It has been a long and arduous road, which began when Flora Tristán unsuccessfully fought for the recognition of her parents' marriage in France. My fight will now continue abroad,” said Ugarteche, an activist and one of the founders of the Lima Homosexual Movement (Mhol).

The dissenting votes came from conservative justices Ernesto Blume, José Luis Sandón, Augusto Ferrero, and Carlos Miranda, who was the lead speaker for the lawsuit. Voting in favor were Court President Marianella Ledesma and justices Eloy Espinoza-Saldaña and Carlos Ramos, who have consistently voted in favor of progressive causes.

The legal challenge was filed four years after Oscar and Fidel married in 2012 and attempted to register their marriage through all formal Peruvian channels . In 2016, the Seventh Constitutional Court of Lima ordered RENIEC (the National Registry of Identification and Civil Status) to register the marriage, but the agency appealed, and the case went to the Constitutional Court, which took several years to debate it. The results were announced today, although it had been anticipated, as the four justices who voted against same-sex marriage were the same ones who voted to hold the session behind closed doors, ensuring that no one but themselves could witness the arguments for rejecting the couple's request.

Institutions such as the Ombudsman's Office urged the Constitutional Court to make a decision in accordance with the Constitution and international treaties. Civil society launched the #TCVotaPorLaIgualdad (Constitutional Court Votes for Equality) campaign, which trended throughout the day until the result was announced at 1 pm this afternoon.

In statements to the press, Oscar Ugarteche remarked, "Peruvian religious conservatism is the most predictable thing in the world." The economist announced that the case will go to the Inter-American Court of Human Rights (IACHR), and that, based on Advisory Opinion 24-2017, the Court will order the Peruvian state to regulate and recognize same-sex marriage.

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