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Peru refuses to recognize lesbian congresswoman’s U.S. marriage

Susel Paredes married her wife in Miami in 2016

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Susel Paredes, left, and Gracia Aljovín during an interview on Peruvian television in 2019. (Photo courtesy of Latina.pe)

Peruvian Congresswoman Susel Paredes and her wife, Gracia Aljovín, have told the Washington Blade that they will sue Peru over its refusal to recognize their 2016 marriage in Miami.

Paredes and Aljovín made the decision after the Peruvian Constitutional Court denied their request to register their marriage. The couple had previously filed a request with the National Registry of Identification and Civil Status (RENIEC), which was also denied.

Peru’s highest court by a 4-2 margin rejected the women’s petition, noting the “essential elements” of marriage in the country are “a voluntary union … to be celebrated between a man and a woman,” and as a consequence “a right acquired abroad that collides with this notion cannot be recognized in Peru.” 

The majority of the judges who ruled against Paredes and Aljovín also noted they cannot reproduce.

Some organizations described the ruling as anti-LGBTQ because it also establishes that “homosexual unions are not marriages, so it is not discriminatory not to recognize them as such” and that the court cannot “introduce equal marriage through the window because this is the work of the legislator.” At the same time, the court said that if Congress wants to introduce same-sex marriage in Peru, it must do so through a constitutional reform.

Paredes, along with regretting the decision, acknowledged to the Blade that “it was bad news that I was already expecting.” 

“We knew this was going to happen because I am not only an activist and congresswoman, I am a lawyer, so I follow the criteria. One can predict what is going to happen with a sentence when there are predictable judges. These judges are predictable,” she said from her congressional office in Lima, the Peruvian capital, during a video call. “The truth is that it is outrageous because I pay my taxes, I have lived with my partner for years, we have a family, so how is it possible that our family is denied its existence, because we exist.” 

The congresswoman said that “in the first instance we are going to the Inter-American Commission on Human Rights. The commission must evaluate if it qualifies and if it qualifies in our favor, we go to the court and in the court we vote and I am sure we will win.” 

Peru is one of the few countries in Latin America that does not have any laws in favor of LGBTQ people. A marriage equality bill that former Congressman Alberto de Belaunde, who is gay, introduced has been dormant in a congressional committee for years.

Paredes said the right wing will “undoubtedly use” the ruling “and its foundations, but its foundations are very fragile.”

De Belaunde has a similar opinion. 

“Congress will use this ruling as an excuse not to legislate on this issue. If they feel a lot of media pressure, they will look for a sort of patrimonial civil union, where the existence of a family is not recognized, but only a shared patrimony,” said the former congressman. “An absolutely insufficient figure, which will not be accepted by the LGBT+ communities because it is almost an insult to our claims to be recognized as full citizens.” 

For him “the ruling not only seeks to deny the recognition of rights, it seeks to do harm.” 

“Contrary to what the Constitutional Court has previously said, it seeks to discredit the Inter-American Court of Human Rights by pointing out that its advisory opinions should not be complied with,” he said. “It is a mediocre ruling — it ignores basic concepts of private international law, but it is no less harmful for that.” 

Both agreed that Congress has little political will to process the bill. 

“Laws have been passed that have been presented much later than the date when the marriage law was presented, which was in October of last year,” Paredes emphasized to the Blade. “There is a political will to prevent if you want it to be discussed.”

Pía Bravo, executive director of Presentes, a Peruvian LGBTQ rights advocacy group, told the Blade that they were hopeful that the ruling could have enshrined the first legal recognition for LGBTQ people in the country. 

“The Constitutional Court was an opportunity we missed,” Bravo lamented. “It is a pretty big setback and it is a setback that unfortunately we are going to have to continue, to continue facing and seeing what other paths, what other ways we can find so that this so necessary right is finally approved.”

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Latin America

Latin America elections present challenges, opportunities for LGBTQ community

Voters in Chile, Uruguay, Brazil, Venezuela to go to polls this year

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Richelle Briceño was a candidate for the Venezuelan National Assembly in the country's last elections. (Photo courtesy of Richelle Briceño)

Activists throughout the region agree the elections offer a crucial opportunity to advance the inclusion and protection of the rights of their community amid far-right advances.

Venezuela’s presidential election will take place on July 28, while Brazil’s municipal elections will happen on Oct. 6. Regional and municipal elections will take place in Chile on Oct. 27. Uruguay’s congressional elections are slated to occur on the same day.

María José Cumplido, executive director of Fundación Iguales in Chile, emphasized the importance of having LGBTQ representation in politics. 

“It is fundamental because LGBTQ+ people tend to support laws or public policies aimed at protecting the community,” Cumplido told the Washington Blade. “In that sense, it is important that the voices of these people are heard because, obviously, they know the reality more closely and many times they have lived it.” 

Cumplido noted “LGBTQ+ representation has grown notoriously in recent years, so much so that today there is an LGBTQ+ caucus in Congress.” 

“That is good news,” said Cumplido.

Ignacia Oyarzún, president of Organizado Trans Diversidades (Organizing Trans Diversities or OTD), also from Chile, highlighted the observation and registration work the Trans Voting Observatory of Latin America and the Caribbean has done. Oyarzún also noted the promotion of transgender candidates as a way to combat misinformation a promote respect for the community’s political rights.

“We monitor the situation of the political rights of our communities in the region and establish guidelines through which we encourage respect for the right to elect representatives and to be elected,” said Oyarzún. “We also maintain initiatives that have to do with the dissemination of trans candidacies and news that go against the disinformation established through false news that have begun to circulate through the various social and political media.”

Collette Spinetti, president of the Colectivo Trans del Uruguay, pointed out the challenges faced by LGBTQ people in politics, especially trans people.

“The biggest challenge is to achieve trustworthiness especially towards gender-dissident people in their ability to be able to hold public office,” said Spinetti.

Professor Collete Spinetti has dedicated many years of her life to improving living conditions for LGBTQ people in Uruguay (Photo courtesy of Collete Spinetti)

“In Uruguay politics is still quite macho, especially in the so-called traditional and right-wing parties where there is no political representation of members of the LGBTIQ+ community,” Spinetti further explained. “On the left, although there is, thanks to internal work, female representation, there is still a lack of work.”

“In this sense the scarce LGBTIQ+ representation is present through gay men,” added Spinetti. “There is still no representation of publicly lesbian people and only one representation in the interior of the country of a trans woman.” 

In Brazil, Keila Simpson, president of Associaçao Nacional de Travestis e Transexuais (National Association of Travestis and Transsexuals or ANTRA), highlighted the diversity of LGBTQ representation in the country’s politics. Simpson nevertheless recognized the importance of mandates that go beyond identity and address a wide range of issues that benefit the entire community.

“The challenges for LGBTQIA people when it comes to applying for positions in Brazil are many,” she said. “The first one is the way Brazilian society sees this stigmatized and completely stereotyped population. If we think about the trans population, this violence is even greater, since in addition to being smaller in number, the discrimination is even greater because this population is commonly associated with eroticism and hypersexualization of their bodies, and these are the main problems these people face. they are associated when they run for prominent positions or leaders, even in the partisan political arena.” 

Associaçao Nacional de Travestis e Transexuais (ANTRA) President Keila Simpson at her office in Salvador, Brazil, on March 16, 2022. (Washington Blade photo by Michael K. Lavers)

In Venezuela, Richelle Briceño, a trans woman and former congressional candidate, on the other hand, lamented the lack of presidential candidacies that explicitly defend LGBTQ rights. She noted the country still faces fundamental challenges that prevent a serious debate on these issues.

“There are candidates who have expressed themselves against non-discrimination, but that’s as far as it goes,” Briceño recounted. “There are no specific candidates that I can tell you who even handle what the definition of the word queer is and how it is understood, let’s say, within LGBTQ+ activism.”

Briceño said María Corina Machado, an opposition leader who President Nicolás Maduro’s government has barred from running for office, has “come out in favor of issues such as equal civil marriage and the issue of recognition of trans identities.” Briceño noted to the Blade that Edmundo González Urrutia, who is running as her surrogate, did not meet with LGBTQ activists until last week.

“These activists exposed their points of view, however, the current candidate leading the polls has not made a public statement regarding his position or what his position will be on the issues of LGBT rights in Venezuela,” said Briceño.

Briceño further stressed that Venezuela “is still in a cave.” 

“Here the country is in the basics, the country is in not losing electricity, in having water and in seeing how people eat daily,” she said. “The political and economic crisis that we have lived through for two decades, and with more depth in the last decade, has not allowed for a serious debate on the issues of the 21st century, including the rights of sexual diversity populations or the LGBT population and women”.

José Rodríguez, a Venezuelan psychologist who, like many of his compatriots had to leave his country, said that “as a young Venezuelan exiled in Chile for eight years, today I feel the tranquility of living in a society where a governmental interest in the welfare of my community is appreciated, expressed by a legal framework that although it could be better; compared to the overwhelming setbacks that have occurred in recent weeks in neighboring countries and the constant lethargy of Venezuela in terms of advancing the LGBTQIA+ agenda, is deeply painful and worrying.”

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Caribbean

Gilead Sciences awards grants to HIV/AIDS groups in Latin America, Caribbean

Stigma, criminalization laws among barriers to fighting pandemic in region

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Free condoms in a São Paulo Metro station. Gilead Sciences has announced it has given grants to 35 organizations in Latin America and the Caribbean. The groups will use the funds to fight HIV/AIDS in the region. (Washington Blade photo by Michael K. Lavers)

Gilead Sciences this week announced it has given $4 million in grants to 35 organizations in Latin America and the Caribbean that fight HIV/AIDS.

A press release notes Asociación Panamericana de Mercadeo Social (Pan-American Association of Social Marketing) in Nicaragua, Fundación Genesis (Genesis Foundation) in Panama, Fundación por una Sociedad Empoderada (Foundation for an Empowered Society) in Argentina, Associação Nacional de Travestis e Transexuais (National Association of Travestis and Transsexuals) in Brazil and Caribbean Vulnerable Communities are among the groups that received grants. Gilead notes this funding through its Zeroing In: Ending the HIV Epidemic in Latin America and the Caribbean will “improve access to care, increase health equity and reduce HIV-related stigma for populations most affected by HIV.”

“The HIV prevention and care needs of people throughout Latin America and the Caribbean are incredibly diverse, and each of these programs addresses a unique community challenge,” said Gilead Vice President of Corporate Giving Carmen Villar. “Our grantees are deeply embedded in their communities and best positioned to provide needed HIV care and support services.” 

“Their expertise will be essential to achieve the Zeroing In program’s goals of improving access to comprehensive care among priority populations, decreasing HIV-related stigma and reducing HIV and broader health inequities,” she added.

The pandemic disproportionately affects transgender people and sex workers, among other groups, in the region. Activists and HIV/AIDS service providers in the region with whom the Washington Blade has previously spoken say discrimination, stigma, poverty, a lack of access to health care and criminalization laws are among the myriad challenges they face.

First Lady Jill Biden in 2022 during a trip to Panama announced the U.S. will provide an additional $80.9 million in the fight against HIV/AIDS in Latin America through the President’s Emergency Plan for AIDS Relief. 

Cuba in 2015 became the first country in the world to eliminate mother-to-child transmission of HIV. The Cuban government until 1993 forcibly quarantined people with HIV/AIDS in state-run sanitaria.

Antigua and Barbuda, St. Kitts and Nevis, Barbados and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 ruled Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it.  

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Latin America

Violence against LGBTQ Ecuadorians increases amid ‘internal armed conflict’

Government has declared war against drug cartels

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Ecuador's Presidential Palace in Quito, Ecuador, in 2018 (Washington Blade photo by Michael K. Lavers)

The current crisis in Ecuador has exacerbated the vulnerability of the LGBTQ community, which was already facing high levels of violence and discrimination. 

A report that Runa Sipiy published notes 27 LGBTQ people were reported murdered in the country in 2023, and government authorities did not adequately respond to them. This situation has intensified during the armed conflict in the country.

Two LGBTQ people have already been reported killed in 2024. Diane Rodríguez, national director of the Ecuadorian Federation of LGBTI Organizations, described the Ecuadorian government’s measures in response of ensuring LGBTQ people remain safe as insufficient and inattentive.

Ecuador in 2019 extended marriage rights to same-sex couples. They can also adopt children, while transgender people can change their legal documentation. The country’s constitution includes sexual orientation and gender identity within the protected categories against discrimination.

Challenges nevertheless persist: Awareness and full implementation of laws and the continued need for efforts to ensure Ecuadorian society is more respectful of sexual and gender diversity.

Rodríguez told the Washington Blade “the current security crisis in Ecuador has had a direct impact on the LGBTQ community.”

“LGBTQ people were already more prone to violence and discrimination before the crisis, and this situation has worsened even more in recent months,” she said.

The activist added that “we believed that, with the new government of Daniel Noboa, things would improve, but we are finding that they will not, since his own human rights institutions, such as the Ministry of Women and Human Rights, omit our situation or hold cosmetic LGBT+ meetings, in the manner of pinkwashing of the current government.”

Diane Rodríguez (Photo courtesy of Diane Rodríguez)

According to Asociación Silueta X, an organization that works for the rights of LGBTQ people in Ecuador, an increase in incidents of violence and discrimination towards LGBTQ people has been observed during this period of crisis. These incidents include physical attacks, verbal harassment and discrimination in accessing public services. 

“This week, for example, Beba was murdered on the afternoon of Jan. 8, 2024, shot in her native Pueblo Viejo, Los Rios province in Ecuador, in the context of the ‘internal armed conflict’ of the country and the state of emergency declared by the president of the republic,” said Rodríguez. “So far, no government department has spoken out about these trans murders, much less the Undersecretary of Diversities or the Ministry of Women and Human Rights.” 

Rodríguez in 2017 became the first openly trans person elected to the country’s National Assembly when she became an alternate assemblywoman. She has also been president of Asociación Silueta X.

Rodríguez said the violence has disproportionately affected trans, lesbian and bisexual women. 

“We trans people are especially vulnerable to sexual violence and human trafficking,” she said. “This is not only because of those who promote the internal armed conflict related to narco-crime, but also because of the police and army personnel themselves, who in critical events such as the COVID-19 pandemic, abused their power and violated the rights of trans people, especially trans women, so we are fearful on both sides.” 

“In Ecuador LGBT+ people and especially trans women are afraid of those who should protect us, such as the police and the army,” added Rodríguez.

Christian Paula, executive director of Fundación Pakta, noted to the Blade informed that “a case arose over the weekend, where a couple was violating the curfew, apparently a couple of gay guys on a motorcycle after 11 p.m. and the police asked why they were both on a motorcycle so late at night”.

“They had indicated that they are a couple and what (was outrageous) is that they stripped them naked and sent them without clothes to return to the house,” noted Paula.

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