Lesbian, gay, bisexual, and transgender LGBT people in Peru face some legal challenges not experienced by other residents. Same-sex sexual activity among consenting adults is legal. In January , a decree issued by President Pedro Pablo Kuczynski took effect, prohibiting all forms of discrimination and hate crimes on the basis of sexual orientation and gender identity. In a landmark ruling published on 9 January , the 7th Constitutional Court of Lima ruled in favor of recognizing and registering a same-sex marriage , between a Peruvian citizen and a Mexican citizen, performed in Mexico City in In March , the ruling was reversed by the Supreme Court of Peru on procedural grounds.
Homosexuality has been used as grounds for separation or divorce. Laws meant to protect "public morals", such as Article of the Penal Code on "obscene exhibitions and publications", have also been used against lesbians and gays. In the s, the founding of the organisation Movimiento Homosexual de Lima MHOL managed to bring about at least a slight change in the way the media treated homosexuality. Known LGBT persons may face persecution by the public. During the first Lima Pride parade in , most demonstrators wore masks to avoid persecution by the public.
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In pre-Columbian times, different ethnic groups existed in Ancient Peru. Gender studies carried out for this period are scarce, and very little is known about pre-Columbian homosexual practices. In the Moche culture , developed in northern Peru between BC. These sexual servants were known as pampayruna. Each temple or main shrine has a man, two or more depending on the idol, who are dressed as women, and with these, almost by way of sanctity and religion, the lords and principals have their carnal council.
Likewise, the Incas had special consideration for lesbians whom they called holjoshta. The Inca Capac Yupanqui used to have a very special affection for these women. However, in the center and south of the empire the Incas severely punished homosexuality. The Inca Garcilaso de la Vega relates in his Royal Commentaries of the Incas that homosexuality in the Inca Empire was prohibited and that "sodomites" were persecuted and burned alive.
They had found that there were some sodomites, not in all the valleys, but in each one, not in all the common neighbors, but in some individuals who secretly used that evil vice The Inca was happy with the story of the conquest.
