LGBTQ rights in El Salvador

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in El Salvador face considerable legal and social challenges not experienced by non-LGBTQ Salvadorans.

These views among homosexuals might encourage young teen boys to only have either Platonic love or none romantic relationships, limited to oral and Intercrural sex only.

During the civil war in the 80's, many young Salvadorans were kidnapped and raped, but very few came forward to report it because they were ashamed and more afraid of being stigmatized, ostracized, and ridiculed by society than to look for justice.

[7] Heterosexuals in El Salvador usually are afraid of defending or having homosexual friends because of the fear of being stigmatized, ostracized and ridiculed by their peers, and being accused of being gay themselves.

Since 2006, there have been proposals to change the Constitution of El Salvador to restrict the recognition of same-sex marriage, even when these are couples married legally outside of the country.

[10] The Law on Family Violence (Spanish: Ley contra la Violencia Intrafamiliar) also does not apply to same-sex couples.

[10] In August 2016, a lawyer in El Salvador filed a lawsuit before the country's Supreme Court asking for the nullification of Article 11 of the Family Code which defines marriage as a heterosexual union.

[21] Polls show high levels of prejudice directed at LGBT people, and there are many reports of anti-gay harassment and bias-motivated violence.

[22] Much of the nation's advocacy on behalf of LGBT rights comes from William Hernández, and his partner, Joaquin Caceres and the other members of Asociación Entre Amigos (Among Friends Association), who have faced harassment and even death threats for their activism.

[23][24] On 4 May 2010, President Mauricio Funes issued a presidential decree banning discrimination based on sexual orientation and gender identity in the public sector.

[10] At the same time, President Funes created a Sexual Diversity Division within the Secretary of Social Inclusion, which was headed by an openly lesbian woman.

[12] In 2015, the Salvadoran Parliament passed a law adding sexual orientation and gender identity to the Criminal Code's hate crime provisions.

The Code provides a penalty of between three and six years imprisonment for those who commit a crime based on the victim's race, ethnicity, political affiliation, sexual orientation or gender identity.

Claims of crimes, torture and cruel, inhuman and degrading treatments against LGBT people will also be fully investigated by police forces.

[29] Despite the calls for a reform, The Legislative Assembly of El Salvador has not taken any action to guarantee the change of name and gender in legal documents for transgender people, as of 2023.

Yet, since the 1990s, people working for such groups, most notably The Oscar Romero AIDS Project, have faced harassment and death threats.

A major reason for these negative public attitudes about LGBT people are the traditional teachings of the main religions in the country; namely the Catholic Church and several conservative and evangelical Protestant denominations.

These religious denominations believe that homosexuality and cross dressing are signs of immorality, and many of their leaders have organized opposition to LGBT rights legislation.

In July 2017, the capital city, San Salvador, authorized the permanent painting of several crossroads with the colours of the rainbow in support of LGBT rights.

It was reported that during the Salvadoran Civil War, unknown forces kidnapped over a dozen transgender sex workers in the early 1980s.

[38] This event mobilized the early activity of William Hernández and his partner Joaquin Cáceres, who formed the first formally-established LGBT organization Entre Amigos.

[10] On 9 September 2015, El Salvador lawmakers passed a law enhancing penalties for hate crimes based on sexual orientation and gender identity.

The pervasiveness of gang violence within El Salvador can also contribute to the lack of reporting hate crimes, for the fear of reprisal.

[40] Men particularly have faced violence from police officers, soldiers, and prison guards as they are often targeted for effeminate behavior or outfits.

[4] On July 28, 2020, a judge in San Salvador ruled that three police officers were convicted of the killing of a transgender woman Camila Díaz Córdova in January 2019.

[42] Hugo Salinas, former mayor of Intipucá (2009-2012), is the only known openly gay person to have held public office in El Salvador.

Rainbow over the Constitution Monument in San Salvador