LGBT rights in Guatemala
| LGBT rights in Guatemala | |
|---|---|
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| Same-sex sexual activity legal? | Legal since 1871[1] |
| Gender identity/expression | – |
| Military service | Unknown |
| Family rights | |
| Recognition of relationships |
No recognition of same-sex couples |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Guatemala may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Guatemala.
Sexual orientation or gender identity is not expressly protected from discrimination and same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Contents
Legality of same-sex sexual activity[edit]
Consensual, non-commercial, private homosexual sexual activity has been legal in Guatemala since 1871.[1] The age of consent for everyone, regardless of sex or sexual/gender identity is 18.[1]
Recognition of same-sex relationships[edit]
There is no legal recognition for same-sex couples in the form of same-sex marriage or in the more limited form of civil unions or domestic partnership arrangements.
According to a July 2010 poll by Cid-Gallup, 85% of the country's population opposes same-sex marriage, while 12% supports it and 3% are unsure.[2]
Discrimination protections[edit]
Guatemala laws do not prohibit discrimination on the basis of sexual orientation or gender identity in areas such as employment, education, housing, health care, banking or other public accommodations, such as cafes, restaurants, nightclubs and cinemas.[3]
Gender identity[edit]
Since 2016, transgender persons in Guatemala can change their legal name so that it matches their gender identity. Surgeries are not required but a judicial permission is. However, transgender persons can not change their legal gender.[4][5]
Social conditions[edit]
Despite homosexuality being legal since 1871, negative social attitudes have prevailed in Guatemalan society, and harassment, even targeted killings, of LGBT people haven't been uncommon. For example, while a gay bar was allowed to be opened in 1976, it was the only gay bar allowed in Guatemala until the late 1990s.
Most Guatemalan residents are members of the Catholic, Fundamentalist Protestant, or Eastern Orthodox faiths, which all have traditionally upheld socially conservative attitudes and in particular tend to believe that homosexuality and cross-dressing are signs of immorality.
These socially conservative Christian attitudes are also reflected in the dominant political parties in the nation. The National Unity of Hope is a Christian social democratic party, and the Patriotic Party (Guatemala) is a conservative, if not right-wing, political party. Most of the other political parties, even the more liberal or left-wing parties, generally ignore the issue of LGBT rights.
Despite these challenges, the LGBT community has become more visible since the 1990s, and the nation's refocus on democratization, peace, and human rights has had some benefit for LGBT rights.
In 1993, OASIS (Organization to Support an Integral Sexuality in the Face of AIDS) was allowed to be established as a non-profit group that would only provide comprehensive HIV/AIDS education to the LGBT community. The end of the civil war in 1996 and the subsequent advancement of democratization and human rights allowed OASIS to also work on LGBT-rights.
As many other countries, Guatemala's LGBT is evolving and new personalities are coming to become a pioneers. Guatemala's LGBT is not a closed mouth anymore. Many personalities has always been part of this social growing. New generations are making new statements in Guatemala's society, whether the rest of the society is ready or not.
In January 2016, the country's first openly LGBT person, Sandra Morán, to be elected to Congress took office. She is a member of Convergence, a left-leaning political party.[6]
Anti-LGBT violence[edit]
Bias motivated crimes (a.k.a. "hate crimes") on the basis of sexual orientation or gender identity are reportedly tolerated by the government, especially when the harassment or violence is directed at transgender people. The lack of civil rights protections and protections from hate crimes is attributed to the prevailing attitudes about sexual identity and gender roles.[7]
In the late 1990s, there were several reports by the United Nations and some NGOs that LGBT people in Guatemala were being systematically targeted for death as part of a "social cleansing campaign". One of the more prominent victims of this campaign was an AIDS activist and transgender person named Luis Palencia, who was gunned down in Guatemala City in 1997.
Public opinion[edit]
According to Pew Research Center survey, conducted between November 10 and December 16, 2013, 12% of respondents supported same-sex marriage, 82% were opposed.[8][9]
Summary table[edit]
| Same-sex sexual activity legal |  Since 1871 |
| Equal age of consent | |
| Anti-discrimination laws in employment only |  |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Same-sex marriages | |
| Recognition of same-sex couples | |
| Step-child adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| Gays and lesbians allowed to serve openly in the military |  |
| Right to change legal gender | / Since 2016, transgender persons can change their legal name but not their legal gender |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
See also[edit]
References[edit]
- ^ a b c GLBTQ: Guatemala
- ^ Guatemalans Reject Same-Sex Marriage
- ^ Guatemala: Treatment of gay, lesbian, bisexual and transgendered/transsexual individuals and availability of state protection
- ^ Socially conservative Guatemala sees LGBT gains
- ^ (Spanish) Comunidad GLBTI en Guatemala gana ciertas batallas
- ^ First LGBT member of Guatemala Congress takes office
- ^ Sexual minority rights in Guatemala: Struggling for recognition and justice
- ^ Religion in Latin America Chapter 5: Social Attitudes
- ^ Religion in Latin America Appendix A: Methodology
