LGBT rights in Panama

LGBT rights in Panama
Panama
Same-sex sexual activity legal?	Legal since 2008
Discrimination protections	No
Family rights
Recognition of relationships	No

Lesbian, gay, bisexual, and transgender (LGBT) persons in Panama may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Panama. Same-sex couples and households headed by same-sex couples are not eligible for the same legal benefits and protections available to opposite-sex married couples.

Issues

Legality of same-sex sexual activity

Same-sex sexual activity is legal in Panama as of 2008; Panama was the last Spanish-speaking country in Latin America to remove its anti-sodomy law. 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. 12% of Panamanians support same-sex marriage being recognized in the country.

Legal protections

There are no laws protecting gays from discrimination. 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. In May 8, 2014, the Code of Private International Law was approved. The code prohibits same-sex marriages in Panama and clarifies that the country will not recognize the legality of these marriages if performed in another country. Article 40 specifies "same-sex marriages are strictly prohibited in the country." The majority of the Panamanian population approved of the new law, saying it "protects the traditional structure of a family"

Pact of National Commitment for Life and Traditional Family

Signed on April 15, 2014, this document was created months before 2014 presidential elections; five of the seven presidential candidates signed it. The document stated that "the country should guarantee freedom of religion and should modify the law to protect the traditional structure of the family, defined as the union of a man and a woman."

Machismo and sexual orientation

Due to machismo, the perceived level of masculinity of men in Latin American countries determines the amount of respect they receive in society. Because homosexual men are associated with feminine attributes, they are perceived with lower level of masculinity, and as a result, they receive less respect than heterosexual men in society. This, in turn, can limit their “ability to achieve upward social mobility, to be taken seriously, or to hold positions of power.” Also, because homosexuality is seen as taboo or even sinful in Christian faiths, homosexual men tend to lack a support system, leaving many unable express their true sexuality. To deal with such oppression, they must make the choice either to conform to heteronormativity and repress their homosexual identity, to assimilate towards masculine ideals and practices while maintaining their homosexual identity in private, or to openly express their homosexuality and suffer ostracization from society. This creates a hierarchy of homosexuality corresponding to how much “respect, power, and social standing” a homosexual man can expect to receive. The more a man acts in accordance with the stereotypical heterosexual hegemonic masculinity, the higher on the social hierarchy they are. On the lower end of the hierarchy are the locas or maricones. These men are those that are deemed as effeminate because they do not live by the social construct of hegemonic masculinity and also publicize their homosexuality. As such, they receive little respect both in society in general and among the LGBT community. Many homosexual men resist being associated with the “loca” stereotype by either demonstrating overt masculinity or by ridiculing and distancing themselves from other “loca” men. A common saying demonstrates this resistance: “mejor un drogadicto que un pato” (better a drug addict than a faggot). Because of the negative connotations that come with identifying as homosexual, the definition of homosexuality has become ambiguous. By genderizing sexual practices, only men who are sexually penetrated during sex, locas are considered homosexual while men who are the sexual penetrators during sex can maintain their heterosexual identity. Also, in many Latin American countries, the media portrayal of homosexual men often play into the stereotype of an effeminate, flamboyant male role. As a result, the idea of a masculine homosexual man remains almost unheard of and privatized by the community and by society, which allows this stereotype of homosexual men as locas to persist.

LGBT rights movement in Panama

In 1996 Panama's first lesbian and gay organisation Asociación Hombres y Mujeres Nuevos de Panamá (AHMNP; "New Men and Women of Panama Association") was founded. It received legal recognition in 2005 after a three-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. In June 2005 Panama's first Gay Pride March was held with 100 AHMNP demonstrators. In may 2015 the second LGBT-rights organisation was formed in Panamá: Unión de la diversidad.

Public opinion

According to Pew Research Center survey, conducted between November 13 and December 8, 2013, 23% of respondents supported same-sex marriage, 72% were opposed.

Summary table

Same-sex sexual activity legal	(Since 2008)
Equal age of consent
Anti-discrimination laws in employment
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	Has no military
Right to change legal gender	(Since 2006)
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• LGBT rights in the Americas