A bill reignites the discussion on same-sex unions in Peru

It was a surprise for the LGBTQ+ community in Peru when, on November 20, a Peruvian congress committee approved a bill that would legalize civil unions in the country. The ruling must now be debated again in the full congress, although there is no specific date for its discussion yet.

Peru is one of only three countries in South America that have not approved any legal mechanism for same-sex unions. Peru's laggardness demonstrates the strength of an organized anti-rights movement, but this draft bill reactivates the demands of a community still seeking recognition of its rights.

The bill, proposed by conservative right-wing congress members Martha Moyano (Fuerza Popular) and Alejandro Cavero (Avanza País), would grant same-sex couples rights such as joint property ownership, priority in medical decisions, prison visitation rights, and inclusion in a partner's pension. However, significant claims such as changing marital status or adoption are not considered.

Congressman Cavero, who is openly gay, stated on his X account that this is “a fundamental advance in defending individual freedom, equality before the law, and the rights of millions of Peruvians to build their own life project.” However, the LGBTQ+ community in Peru has received this news with some caution.

For Renato Velásquez, executive director of the LGBTQ+ rights NGO Presente, the law represents progress in recognizing rights, but “the bill contains nuances that end up being discriminatory when compared to marriage.” A civil union creates differentiated treatment for LGBTQ+ people and so perpetuates the stigma against same-sex couples.

In this line, the Ombudsman's Office of Peru stated that this bill was not viable because “it does not conform to international standards in protecting LGTBI people.” Back in 2018, the Inter-American Court of Human Rights issued an advisory opinion that urged states to recognize same-sex marriage as a human right.

Unprotected families

There are around 39,000 same-sex parent families in Peru, which would remain in limbo even if the law is passed, as parents would still be unable, for example, to share legal custody of their children. Mabel Aguilar, president of the Association of Same-Sex and Diverse Families of Peru, states that “while this may be a step forward in some respects, it leaves behind families with children who already exist and remain unprotected.”

Due to the lack of political will to legislate in favor of same-sex couples, the LGBTQ+ community has sought other ways to assert its rights through the judicial system. For example, in 2023, a court in Lima ruled in favor of a lawsuit filed by a lesbian couple. It ordered the National Registry of Identification and Civil Status (Reniec) to recognize their marriage, which was performed in Argentina.

The conservative machinery responds

Compared to other countries in the region, Peru has fallen far behind in granting rights and protections to vulnerable populations. Not only has same-sex marriage been neglected, but other social struggles, such as abortion rights, have also been left out of public debate. “We are the result of a very powerful anti-rights wave,” says Velásquez of Presente.

For Rodrigo Gil, a researcher at the Institute of Peruvian Studies, one factor explaining this situation is the consolidation of a well-organized conservative movement, composed of various actors, including the most conservative elements of the Catholic Church, different evangelical churches, and even secular actors who oppose what they perceive as a “progressive establishment” seeking to impose societal changes contrary to their ideology. “It is a broad and diverse ecosystem of pro-family, pro-life, and anti-establishment forces that we are now seeing in full mobilization,” Gil tells me.

Over the past decade, this movement has organized multiple marches against so-called “gender ideology.” Additionally, it has established a strong presence in public debate and secured political representation in key institutions such as Congress. This political representation is led by Renovación Popular, an ultraconservative party headed by the current mayor of Lima, Rafael López Aliaga, who, following the Justice Commission’s approval of the civil union bill, called on his supporters to march “for the life and family of Peruvians.”

This march, held on December 7, was part of a coordinated and unified response — a strategy often employed by the conservative movement in Peru. The movement has shown strong mobilization capabilities and influence over discussions on social media, where anonymous accounts spread conspiracy theories and homophobic rhetoric. For example, the Agence France-Presse (AFP) reported the presence of social media posts spreading misinformation about the alleged approval of a same-sex marriage law and attacking lawmakers who voted in favor of the bill. “It’s a machinery, an anti-rights, anti-democracy, totalitarian, and authoritarian movement with many resources and allies not only in Peru but also internationally,” explains Velásquez.

The most visible arm of this movement is its media apparatus, which includes television channels, radio stations, newspapers, and digital media. “The conservative movement’s ability to infiltrate media spaces, particularly after the pandemic, has been truly impressive,” says Gil.

The organization of this conservative movement has coincided with a progressive sector that has been relatively ineffective in mobilizing around issues such as same-sex marriage. Progressives have lost ground to this anti-rights wave. “It’s a double dynamic,” explains Rodrigo Gil. “On one hand, you have a very strong conservative movement gaining ground, and on the other, a progressive movement that once made significant advances but is now stalled and unable to react.”

The community demands to be heard

Despite all the obstacles the bill has faced in reaching the full congress, the chances of it being approved by a conservative legislature remain quite low. For Mabel Aguilar, “it is important for politicians to understand that this is not about left- or right-wing positions; it is about legislating in favor of people’s rights.” Renato Velásquez acknowledges that while there is certainly hope within the LGBTQ+ community regarding this bill, there is also “the disappointment that, in the end, we are still being discriminated against.”

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