Susel Paredes aims to lead Peru, but a pressing battle looms that goes beyond personal ambition. The Supreme Court recently ruled that registering a 2016 contractual relationship with Gracia Aljovín in Miami cannot be added to the National Registry of Identity and Marital Status (Reniec). In response, Paredes chose to take the case to the Inter-American Commission on Human Rights (IACHR), asserting that the fight for dignity must be pursued with reason and courage. The assertion is clear: Peru does not yet provide equal marriage access for same‑sex couples, unlike Argentina, Brazil, Colombia, Costa Rica, Ecuador, Chile, and Uruguay. This gap fuels frustration among advocates who see opportunities for progress in other Latin American nations. The issue is framed within a broader regional debate, as, in several countries, legal recognition of marriages and partnerships remains uneven. In some places, constitutional or civil provisions still favor traditional definitions of marriage.
Estimates indicate that more than 33 million Latin Americans identify with or support the LGTBIQ+ community in varied ways. The push for visibility and the fight against criminalization have evolved considerably since the mid to late 20th century, yet many barriers persist. A 2019 report from the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) highlights that large segments of the population experience non‑heteronormative orientations or gender identities, enduring discrimination, violence, and inequality despite notable legal advances. Jurisdictions have expanded forms of recognition and gender identity protections, yet acts of homophobic and transphobic violence with structural roots still occur. The scenarios in Paraguay, Venezuela, and Mexico illustrate ongoing challenges, while recent regional gatherings, such as the Americas Summit in Los Angeles, attempted to surface these issues.
Four countries have incorporated certain LGBT rights into their constitutions to varying degrees: Ecuador, Bolivia, Cuba, and Mexico. Meanwhile, several nations—Brazil, Bolivia, Chile, Colombia, Cuba, Ecuador, Mexico, Peru, and Uruguay—prohibit discrimination based on sexual orientation. Adoption rights for same‑sex couples exist in Argentina, Brazil, Colombia, Costa Rica, and Uruguay. Chile’s new Magna Carta, slated for a September public referendum, is expected to advance these protections further. Discussions on family law in Cuba aim to recognize diverse family formations, including those with gender‑diverse configurations. In Argentina, a new non‑binary National Identity Document (DNI) has been in effect for about a year.
Amid these debates, voices from the region continue to contribute to the conversation. A post by Erika Hilton, a vocal advocate and trans woman, captured attention in June 2021, highlighting ongoing advocacy and the visibility of trans perspectives within political discourse.
Legal and material violence
The Central American and Caribbean region reveals a contrasting image where sexual diversity is criminalized more severely, with penalties ranging from five to fifteen years in several jurisdictions such as Antigua and Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines. The everyday gap between legal recognition and lived experience often correlates with life‑threatening consequences. Between 2014 and 2020, approximately 1,300 individuals across various sexual orientations or gender identities were killed. The pandemic period did not halt the murders of transgender women, and in Brazil, where political polarization intensified, intolerance and exclusion surged. The Observatory for Transgender People Killed identified Brazil as reporting the highest number of killings in 2021 (125), followed by Mexico (65), Honduras (53), the United States (53), and Colombia (25). Activists note that the average life expectancy for transgender individuals in Brazil remains alarmingly short, reflecting racial, LGBTphobic, and gender-based violence. In the municipal arena, critics have pointed to policy shifts that challenge inclusion, while public figures and lawmakers urge changes to ensure protection for trans communities.