Last Friday, October 16, the Constitutional Court (TC) determined that the debate of the demand presented by the Peruvian economist Óscar Ugarteche be held in a reserved manner , who seeks that the National Registry of Identification and Civil Status (Reniec) recognize his marriage with Fidel Aroche.

More than two years after the public hearing in the TC for this case took place , the institution recently decided to pronounce itself prompted by the letter sent to its president Marianella Ledesma , by lawyers, teachers and human rights defenders .

Lawyer Nicolás Alarcón, a member of the Adastra organization, tells La República that if the TC rules favorably in the case of Ugarteche, it would set a precedent and open the possibility that, immediately, other LGTBIQ + couples who have married in foreigners can register their union in Reniec without any problem. However, he warns that this decision is still insufficient.

"Although they (same-sex couples) will have open several possibilities as a result of a favorable decision, there will still be a field of uncertainty that requires a rule that ends up crystallizing and expressly leaving that there is an equal marriage in the Peru ”, he highlights.

The following table shows the restriction of the legal regulations that limit the access of LGTBIQ + persons to marriage, as well as the rights and duties derived from it. For his part, Alarcón maintains that only the Constitution should be sufficient for unions between same-sex couples to be established, since it does not regulate a “closed concept” on the family.

The lawyer mentions that the Civil Code, which provides that marriages can only be between a man and a woman, is below what the Magna Carta expresses. "In practical terms it means that all these norms that are below the Constitution have to be interpreted in harmony with what the Constitution says," he says.

Alarcón also cites article 2.2 of the Constitution that recognizes the right to equality and non-discrimination, so not to recognize and accept marriages between LGTBIQ + couples would be to make a distinction in the treatment of this population and heterosexual couples. Added to this are the international treaties — such as that of the Inter-American Court of Human Rights — to which Peru is attached; where it exhorts the States not to discriminate through the differentiation of rights between one group and another.

The struggle of the LGTBIQ + community for this right in the country continues, as there is still a long way to go. For this reason, the Republic gathered historical dates in which various congressmen proposed bills related to the legal recognition of unions between persons of the same sex. Read more via La Republica