Members of Guatemala's LGBTQ+ community have filed a petition with the country's Constitutional Court seeking to strike down a provision of the Civil Code that defines marriage as exclusively between one man and one woman, opening a new chapter in the country's debate over same-sex marriage.
Backed by several advocacy organizations, the legal challenge seeks to invalidate Article 78 of the Civil Code, which defines marriage as a legal union exclusively between one man and one woman.
The petitioners argue that limiting marriage to heterosexual couples is discriminatory.
The Lambda Association, one of the organizations supporting the challenge, argued before the Constitutional Court that the current law discriminates on the basis of sexual orientation by denying same-sex couples access to marriage. According to the Associated Press, the group contends that the provision is unconstitutional because it excludes same-sex couples from marrying.
The challenge follows similar legal efforts elsewhere in Latin America seeking recognition of same-sex marriage through the courts.
In 2022, the administration of then-President Alejandro Giammattei declared Guatemala City the "Pro-Life Capital of Ibero-America." During the same period, the ruling party, which then held a majority in Congress, approved legislation increasing penalties for abortion and reaffirming the country's ban on same-sex marriage.
Guatemalan Evangelical Organizations Respond
In response to the legal challenge, the Evangelical Commission of Guatemala (COEGUA) and the Evangelical Forum of Guatemala (FE502) published an open letter outlining their theological and pastoral position.
The evangelical organizations said they reject all forms of hatred and discrimination because every person is created in the image of God, but argued that this commitment does not require abandoning biblical principles. The letter states, "We believe that love for people should never lead us to renounce the truth revealed in the Holy Scriptures."
The document further argues that the state did not create marriage but simply recognizes and protects it. Citing the Book of Genesis and the teachings of Jesus Christ, the letter says, "Marriage was not established by human decision; it is an institution ordained by God for the well-being of the family and society."
Defending the Constitutional Order
The statement also refers to Guatemala's legal framework. COEGUA and FE502 argue that Article 78 of the Civil Code implements Article 47 of the Constitution of the Republic of Guatemala, which directs the state to promote the organization of the family on the legal foundation of marriage.
According to the letter, "To defend this provision is to defend respect for the Constitution, legal certainty, and the rule of law." The evangelical organizations argue that redefining marriage through a constitutional ruling rather than legislative action would undermine the country's legal and institutional framework.
The Constitutional Court has not announced when it will consider the petition.
Originally published by Diario Cristiano, Christian Daily International's Spanish edition.
