In a 3-2 ruling, the court declared that a "sexual option cannot be a prerequisite or precondition to determine capacity or professional ability" and ordered the institution to reintegrate a police cadet who had been kicked out on rumors he was gay.
The student, only identified by his initials, had always denied allegations that he is gay, but had argued that he should not have been kicked out based on mere rumors. The court ruled in his favor and went a step further saying that gays should not be denied service in the police or the military.
"To sustain [something like] this is not only anachronistic, but attempts against the principle of human dignity".
I had previously posted this annotated YouTube video in which the student was interviewed as well as one of the justices from the Constitutional Court who voted in the affirmative (Carlos Fernando Mesías Rámirez).
- La Republica: "Homosexuality is not a barrier to go after a police or military career" (Dec. 10, 2009)
- IGLHRC launches Peruvian police gay ban protest, calls for e-mail writing campaign (May 27, 2009)
- A call for an "immediate repeal" of homophobic police regulation (May 21, 2009)
- Interior Minister bans gays from police service possibly setting up a constitutional clash (May 14, 2009)
- Police cadet fights dismissal based on gay rumors (May 7, 2009)