LGBT rights in Panama
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in Panama may face legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 residents. Both male and female same-sex sexual activity is legal in Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...

, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

Law regarding same-sex sexual activity

Same-sex sexual activity is legal in Panama. The decriminalization occurred on July 31, 2008, when Presidential Decree No. 332 came into force. It repealed Article 12 of the Decree No. 149 of 1949, which previously criminalized same-sex sexual activity. The age of consent is equal at 18.

Recognition of same-sex relationships

There is no recognition of same-sex couples. A proposal that would have provided for same-sex civil unions was defeated in 2004, mainly due to pressure on the government from the Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...

. Only 12% of Panamanians support same-sex marriage being recognized in the country.

Military service

Gays and lesbians are banned from both the armed forces and the police. Panama does not have an army and the police service is civil and not open to homosexuals or lesbians.

Discrimination protections

There are also no laws protecting gays from discrimination. However, there is consideration of outlawing discrimination on the basis of both sexual orientation and gender identity.

Living conditions

In 1996 Panama's first lesbian and gay organisation Asociación Hombres y Mujeres Nuevos de Panama (AHMNP) was founded. It received legal recognition in 2005 after a 3 year battle with the authorities and the Catholic Church. It is still the only gay and lesbian organisation in Panama. In 2004 they presented a petition calling for partnership rights, and in June 2005 Panama's first Gay Pride March
Gay pride
LGBT pride or gay pride is the concept that lesbian, gay, bisexual, and transgender people should be proud of their sexual orientation and gender identity...

 was held with 100 AHMNP demonstrators.

Article 39 of the Constitution forbids the creation of "companies, associations or foundations" that are contrary to moral or legal order. In the past this has been used to refuse registration of gay organisations.

See also

  • LGBT rights in the Americas
    LGBT rights in the Americas
    Lesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...

  • Politics of Panama
    Politics of Panama
    Politics of Panama takes place in a framework of a presidential representative democratic republic, whereby the President of Panama is both head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the...

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