Susel Paredes and her wife, Gracia Aljovin, challenged a decision of the National Registry of Identification and Civil Status (RENIEC) that had denied them the validation of their wedding performed abroad.
In September 2016, the RENIEC expressed its readiness to recognize marriages between same-sex people.
But so far, it refuses requests from LGBT couples wishing to get recognition of their Union, since Peru does not formally allow same-sex unions, whether marriages or civil unions.
“What we’ve done with our marriage is launch strategic litigation,” Susel Paredes told Reuters. “We want to trigger a legal process that moves us toward obtaining the equal right to marriage in Peru.”
To everyone’s surprise, on April 4, the local court stated that RENIEC’s refusal to comply with Susel and Gracia’s request was discriminatory and unconstitutional. It also called on the Government to rule on marriage equality.
This is the first time that a same-sex couple gets legal recognition in a local court. Several attempts had failed in the past, so this victory represents a decisive step in this battle to legalize marriage equality in Peru.
Susel and Gracia now plan to take the battle to the Constitutional Court, which is Peru’s top court.
Then know that the couple already said they will appeal to the Inter-American Court of Human Rights in case of failure.