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Public Opinion

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In Guatemala, public opinion seems to reflect a lack of acceptance or understanding of the LGBTQ+ community.

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Support for Same-Sex Marriage

(Cid-Gallup, 2010)
12%
Support
85%
Oppose
3%
Unsure

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History

Homosexual activity in Guatemala

?

Homosexual activity in Guatemala is legal.

Current status
Since Jun 30, 1871
Legal
Homosexuality has been legal in Guatemala since the 1871 Liberal Revolution removed the Constitution of 1856. Consequent constitutions did not recriminalise it.
Details
Sources:
aprende.guatemala.com/histo…
web.archive.org/web/2004032…
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Same-sex marriage in Guatemala

?

Same-sex marriage in Guatemala is banned.

Current status
Since Sep 14, 1963
Banned
Article 78 of the Civil Code of Guatemala (1963) defines marriage as a social institution where a man and a woman are legally united.
Details
Sources:
wipolex-resources-eu-centra…
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Until Sep 13, 1963
Unrecognized
Until 1963, there was no explicit ban on same-sex marriage in Guatemala. However, there was also no legal recognition provided to same-sex couples.
Details
Sources:
wipolex-resources-eu-centra…
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Censorship of LGBT issues in Guatemala

?

Censorship of LGBT issues in Guatemala is no censorship.

Current status
No censorship
In Guatemala, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

An attempt to ban education about trans people in school and promote further stigma was passed in 2022 but was vetoed by the President. However, there were accusations that the veto only occurred to distract the Guatemalan public from corruption cases.
Details
Sources:
www.state.gov/reports/2023-…
www.hrw.org/news/2022/03/15…
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Right to change legal gender in Guatemala

?

Right to change legal gender in Guatemala is illegal.

Current status
Illegal
Guatemala does not allow for gender marker changes in identification documents.
Details
Sources:

www.upr-info.org/sites/defa…
www.nationalgeographic.com/…


www.nbcnews.com/news/latino…
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Gender-affirming care in Guatemala

?

Gender-affirming care in Guatemala is legal.

Current status
Legal
Gender affirming care is legal in Guatemala but often difficult to access in practice owing to there being only one clinic in the country offering it.
Details
Sources:
www.degruyter.com/document/…
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Legal recognition of non-binary gender in Guatemala

?

Legal recognition of non-binary gender in Guatemala is not legally recognized.

Current status
Not legally recognized
Missing non-binary options.
Details
Sources:
www.nationalgeographic.com/…
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LGBT discrimination in Guatemala

?

LGBT discrimination in Guatemala is illegal in some contexts.

Current status
Since Apr 21, 2021
Illegal in some contexts
Government Agreement Number 62-2024, issued on April 19, 2024, which approves the Code of Ethics of the Executive Branch, prohibits discrimination based on sexual orientation and gender identity in the public sector. It establishes that it is applicable to all public servants, contractors or other persons linked to the Executive Branch.

The Code of Ethics and Integrity of the National Registry of Persons (2021) prohibits discrimination based on gender identity.
Details
Sources:
legal.dca.gob.gt/GestionDoc…
legal.dca.gob.gt/GestionDoc…
iglhrc.org/content/guatemal…
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Until Apr 20, 2021
No protections
Until 2021, there were no protections from discrimination provided to LGBTIQ+ people in Guatemala.
Details
Sources:
legal.dca.gob.gt/GestionDoc…
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LGBT employment discrimination in Guatemala

?

LGBT employment discrimination in Guatemala is no protections.

Current status
No protections
There are no laws protecting LGBT people from discrimination.
Details
Sources:
www.upr-info.org/sites/defa…
www.nbcnews.com/news/latino…
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LGBT housing discrimination in Guatemala

?

LGBT housing discrimination in Guatemala is no protections.

Current status
No protections
There are no laws protecting LGBT people from discrimination.
Details
Sources:
www.upr-info.org/sites/defa…
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Same-sex adoption in Guatemala

?

Same-sex adoption in Guatemala is single only.

Current status
Since Dec 31, 2007
Single only
Adoption Law 77/2007 Article 13.
Details
Sources:
siteal.iiep.unesco.org/site…
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Intersex infant surgery in Guatemala

?

Intersex infant surgery in Guatemala is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Guatemala but not reported.
Details
Sources:
www.state.gov/reports/2023-…
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Serving openly in military in Guatemala

?

Serving openly in military in Guatemala is legal.

Current status
Legal
There are no known laws prohibiting LGBTIQ+ people from serving in the military of Guatemala.
Details
Sources:
blob:ihl-databases.icrc.org/2368…
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Blood donations by MSMs in Guatemala

?

Blood donations by MSMs in Guatemala is legal.

Current status
Legal federal law
In the requirements for blood donors, there isn't any mention to homosexuality.
Details
Sources:
www.donaguate.com/requisito…
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Conversion therapy in Guatemala

?

Conversion therapy in Guatemala is not banned.

Current status
Not banned
Conversion therapy is legal and widespread in Guatemala.
Details
Sources:
www.state.gov/reports/2023-…
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Equal age of consent in Guatemala

?

Equal age of consent in Guatemala is equal.

Current status
Since Jun 30, 1871
Equal
The age of consent of heterosexual and homosexual relations is equal in Guatemala.
Details
Sources:
aprende.guatemala.com/histo…
web.archive.org/web/2004032…
ihrp.law.utoronto.ca/sites/…
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LGBT Rights by Department

View the LGBT laws in each individual department of Guatemala.

    Equality Index ?
    40 / 100
    Legal Rights
    49 / 100
    Public Opinion
    31 / 100

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    #98
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