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Panamanian Supreme Court rejects marriage equality

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The Panamanian Supreme Court has upheld the country’s prohibition of marriage for same-sex couples. A press release the Supreme Court issued on Wednesday notes six judges on Feb.

16 ruled the phrase “between a man and a woman” in Article 26 of Panama’s family code is not unconstitutional. The ruling also upholds a provision of a 2015 law that states “marriage between individuals of the same sex is prohibited.” The press release notes the court concluded “the norms that provide that marriage should be voluntarily arranged between a man and a woman (who) are legally able to join to make and share a life together, and those that concomitantly prohibit people of the same sex from each other (Article 34, Number 1 of the family code and Article 35 of the Pan-American Code of Private International Law) are objectively and reasonably justified in the general interest of giving precedence to those unions with the potential of establishing families, giving continuity to the human race and, therefore, to society.” “The ruling indicates that there is a reality, and that is, until now, the right to marriage equality is no more than an aspiration that, although legitimate for the groups involved, does not fall into a the category of a human right or a fundamental right, being that it lacks conventional and constitutional recognition,” notes the press release.

The court has yet to release the ruling itself. Enrique Jelenszky, a Panamanian citizen who married his husband, John Winstanley, in the U.K., in 2016 filed a lawsuit that sought recognition of their marriage.

Álvaro Levy and his husband, Ken Gilberg, who is from the U.S., brought a second marriage equality lawsuit the same year. Supreme Court Justice Luis Ramón Fábrega in 2017

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