LGBTQ rights in Guatemala

Lesbian, gay, bisexual, and transgender (LGBT) people in Guatemala face legal challenges not experienced by non-LGBTQ residents.

[6] In response to the IACHR ruling, several government lawmakers introduced a so-called "life and protection" bill, which would increase penalties for abortion and would explicitly ban same-sex marriage.

If passed, the bill would criminalise women who have miscarriages (which according to certain statistics from the United States National Library of Medicine is as high as 30% of all pregnancies), and would define the family as "being a father, a mother and children".

Moreover, the bill establishes that "freedom of conscience and expression" protects people from being "obliged to accept non-heterosexual conduct or practices as normal."

President Jimmy Morales has expressed support for the proposal, saying: "I remind the people of Guatemala that their institutions and their officials, according to Article 156 of the Political Constitution of the Republic, are not obligated to follow illegal orders.

[7][8] In response to the IACHR opinion, several congressional lawmakers introduced Initiative 5272 or the Protection of Life and Family Act which would have increased penalties for abortion and explicitly ban same-sex marriage.

If passed, the bill would have also criminalized women who have had miscarriages (which according to certain statistics from the United States National Library of Medicine is as high as 30% of all pregnancies), and would have defined the family as "being a father, a mother and children."

President Jimmy Morales expressed support for the proposal, saying: "I remind the people of Guatemala that their institutions and their officials, according to Article 156 of the Political Constitution of the Republic, are not obligated to follow illegal orders.

[9] On March 9, 2022, the Guatemalan Congress approved Law 5272, which would have banned same-sex marriage, and in turn would have penalized abortion with 5 years in prison.

[10] Given the opposition generated by President Alejandro Giammattei to enact said law, announcing that it would veto it considering that it violated the Constitution and international agreements signed by Guatemala, the project was finally archived and discarded by Congress on March 15.

[11][12] Guatemala laws do not prohibit discrimination on the basis of sexual orientation or gender identity in areas such as employment, education, housing, health care, banking or other public accommodations, such as cafes, restaurants, nightclubs and cinemas.

[14] In May 2017, Deputy Sandra Morán presented a bill to Congress with the aim of reforming articles 27 and 202 of the Criminal Code to add sexual orientation and gender identity as protected categories.

The report discusses what LGBTQ+ individuals were experiencing in the camps, this included electroshock therapy, “corrective” rape, forced marriage, and coerced sex.

[30][31] Despite homosexuality being legal since 1871, negative social attitudes have prevailed in Guatemalan society, and harassment, even targeted killings, of LGBT people have been known.

Most Guatemalan residents are members of the Catholic, Fundamentalist Pentecostal, or Eastern Orthodox faiths, which all have traditionally upheld socially conservative attitudes and in particular tend to believe that homosexuality and cross-dressing are signs of immorality.

In 1993, OASIS (Organization to Support an Integral Sexuality in the Face of AIDS) was allowed to be established as a non-profit group that would provide comprehensive HIV/AIDS education aimed at the LGBT community.

"hate crimes") on the basis of sexual orientation or gender identity are reportedly tolerated by the Government, especially when the harassment or violence is directed at transgender people.

[33] In the late 1990s, there were several reports by the United Nations and some NGOs that LGBT people in Guatemala were being systematically targeted for death as part of a "social cleansing campaign".

Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives.

A Mayan cave painting of two men engaging in sexual acts, located in Naj Tunich
Official portrait of Sandra Morán , one of the first openly lesbian women to be elected to Congress in 2016.
Participants at an LGBT Pride walk in Guatemala City , 23 June 2012