by Cristian González Cabrera'

This is an important day for same-sex couples. The Inter-American Commission on Human Rights will, for the first time, hold a public hearing on the question of marriage equality in Panama. This means that advocates will have a chance to make their case before a regional body on how depriving same-sex couples of equal access to marriage infringes on their human rights.

Some same-sex couples in Panama have been waiting years for the government to recognize their relationships. In October 2016, Enrique Jelenszky filed the first petition for the country’s Supreme Court to declare unconstitutional part of article 26 of Panama’s Family Code defining marriage as “between a man and a woman.” Jelenszky, a Panamanian citizen, had married his husband under British law and tried to register his marriage in Panama. The National Civil Registry Department denied the request.

Since 2016, three more same-sex couples have mounted legal challenges to article 26 of the Family Code, as well as against article 34 of the Family Code and article 35 of Law No. 61 (2015), which further define marriage as between different-sex couples. The cases all remain pending before different courts: the plenary of the Supreme Court, the Third Chamber of the Supreme Court (dealing with administrative cases), and the Electoral Tribunal. While the cases are legally diverse, all couples argue for equality before the law under international and domestic law.