Susel Paredes and Gracia Aljovin.
Susel Paredes is a well-known politician from Peru who currently serves as a congressman of the Republic, elected by the Purple Party and who currently belongs to the Integrity and Development caucus. In dialogue with the Washington Blade, she announced that she will file an international lawsuit against the State of her country for not recognizing her marriage to Gracia Aljovín, held in Miami in 2016.
It all started when the couple wanted the National Registry of Identification and Civil Status (Reniec) to recognize their relationship, but was denied. When submitting the request to the Peruvian Constitutional Court, the highest court issued a ruling declaring it inadmissible.
The decision was taken by majority, with the votes of the magistrates Augusto Ferrero, Carlos Miranda, Ernesto Blume and José Luis Sardón (rapporteur). Marianella Ledesma and Eloy Espinosa-Saldaña opposed.
In the court ruling, it is argued that the essential elements of marriage in Peru consist of “being a voluntary union” and “being celebrated between a man and a woman”. Therefore, “a right acquired abroad that collides with this notion cannot be recognized in Peru.” They also point out that a homosexual couple cannot reproduce.
Susel Paredes and Gracia Aljovin. | Image: Latin
“If it comes to defending rights, giving up is not an option. The TC ruled against the recognition of my marriage to @GraljovinGracia, and that means that we will take the case to the @IACHR. The fight for our dignity continues. I will do it for love, with reason and armed with courage, ”Paredes said on his Twitter account last June.
Speaking to the Washington Blade, Susel Paredes pointed out that it was indeed bad news, but it was something he expected. “We knew this was going to happen because I am not only an activist and deputy, I am a lawyer, so I follow the criteria. One can predict what is going to happen with a sentence when there are predictable judges. These judges are predictable.”
He described the ruling as outrageous, and pointed out that like any person he pays his taxes, he lives with his partner for years and they have a family. He questions that the authorities “So how is it possible that our family is denied in its existence? Because we exist,” said the parliamentarian.
He announced that they will go in the first instance to the Inter-American Commission on Human Rights (IACHR), the same one that must evaluate and if it qualifies in favor, the case will be aired in the Inter-American Court, where they vote and Paredes is confident that they will surely win.
In Peru there is no type of legislation that contemplates the union of LGBTQ people before the law. There was an equal marriage proposal from former Congressman Alberto de Belaunde that did not see the light of day.
For three and four years, respectively, there have been two projects pending debate in Congress to legalize civil unions and same-sex civil marriages, promoted by Congressman Alberto De Belaunde, of the Purple Party, and the left-wing Broad Front. EFE/Ernesto Arias/File
In statements to Blade, De Belaunde maintains that Congress will use this sentence as an excuse not to legislate on this issue. “If they feel a lot of media pressure, they will look for a kind of patrimonial civil union, where the existence of a family is not recognized but only of a shared patrimony. Absolutely insufficient figure, and that will not be accepted by the LGBT+ communities as it is almost an insult to our claims to be recognized as full citizens”.
While Paredes believes that there is a political will to even prevent this issue from being discussed.
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