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Same-sex sexual activity among consenting adults is legal. However, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. In January 2017, a decree issued by President Pedro Pablo Kuczynski prohibiting all forms of discrimination and hate crimes on the basis of sexual orientation and gender identity took effect. In a landmark ruling published on 9 January 2017, 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 2010. In March 2018, the ruling was reversed by the Supreme Court of Peru on procedural grounds. Homosexuality has been used as grounds for separation or divorce.
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Laws meant to protect "public morals", such as Article 183 of the Penal Code on "obscene exhibitions and publications", have also been used against lesbians and gays. Society's attitude towards homosexuals has generally been hostile and is still heavily influenced by the Catholic Church. In the 1980s, 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. Main articles: LGBT history in Peru and Homosexuality in ancient Peru During the first Lima Pride parade in 2002, most demonstrators wore masks to avoid persecution by the public. The Moche civilization (100–700 AD) did not regard homosexuality negatively or bore pejorative attitudes against it. About 40% of Moche ceramics ( huacos) depict female and male homosexual relations. Similarly, the Chimú civilization (900-1470 AD) did not view homosexuality negatively, and Chimú ceramics depicting homosexual activity exist to this day. However, many of these ceramics and artefacts were destroyed by the Spanish who viewed them as immoral. The Aymara people regarded homosexuals as supernatural beings and shamans, capable of magic. The Inca Empire's perception of homosexuality is unclear and is the subject of ongoing debate. Most modern-day documentation about the Incas stems from the Spanish Inquisition, which introduced Christianity to Peru and South America and regarded homosexuality as sinful. According to certain sources, homosexuality and cross-dressing were tolerated "acts of worship", commonly practised in religious rituals and temples.
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Quariwarmi were cross-dressing shamans, tasked with performing rituals in honour of Chuqui Chinchay, a jaguar dual-gender god. Effeminate men were called hualmishcu or warminchu by the Incas. Lesbian relationships seem to have been highly regarded by Inca society.
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Lesbians (known as holjoshta) enjoyed many privileges and could even participate in combats and were given the possibility of maintaining promiscuous relations between themselves. Male and female prostitution also existed in the Inca Empire. Female prostitutes were regarded with contempt.