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Colombian Court Rules for Marriage Equality

Colombia must extend marriage rights to same-sex couples within two years, the nation’s Constitutional Court ruled Tuesday.

The Colombian Constitutional Court X390 (FAIR) | ADVOCATE.COM

Colombia must extend marriage rights to same-sex couples within two years, the nation’s Constitutional Court ruled Tuesday.

The Colombian Congress must create an equivalent of marriage for gay couples by June 20, 2013, or else couples will automatically gain the right to go to any judge or notary public to formalize their union, according to the ruling. The country already offers civil unions, which grant almost all marriage rights.

The decision came in a case brought by the gay rights group Colombia Diversa, the legal aid group DeJusticia, and other organizations and citizens to challenge the nation’s law defining marriage as an exclusive contract between a man and a woman with the purpose of procreation.

“This is an historic decision for equality in Colombia,” Colombia Diversa executive director Marcela Sánchez said in a statement. Colombia Diversa had joined other organizations in bringing an earlier suit that resulted in civil union rights for gay couples in 2007. She held out little hope, however, for action from the Congress, which has considered and defeated six bills for marriage equality.

The Congress appears split on the issue, according to the news site Colombia Reports. “The constitution is clear in arguing that marriage is between a man and a woman, not same-sex,” said Juan Manuel Corzo, the conservative chairman of the Senate. Liberal Party director Rafael Prado, though, noted that while many religious groups oppose marriage equality, “the church is the church, but political decisions and rights are issues that we in politics have an obligation to address. We defend those rights and it is clear that same-sex couples should have equal [rights].”

Colombia would be the second country in South America to grant marriage rights to gay couples, after Argentina. Several nations on the continent offer civil unions or other marriage-like partnerships,

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Reader Comments
  • Name: Fibonacci
    Date posted: 9/11/2011 8:50:21 PM
    Hometown: Bogotá

    Comment:

    Rafael PARDO, not Prado. The Court ruled, in essence, that Congress create a 'separate but equal' marriage for same-sex couples. When was the last time 'separate but equal' worked? If same-sex unions are to be legalised, it should be as marriage, not anything else. Conservative congressmen who don't want to rule on same-sex marriage substitutes are actually (and unwillingly) doing the LGBT community a favour, for by 2013 they will have full marriage rights, as ordered by the Court. So I really hope Congress does nothing on the matter.

  • Name: Anderson Menezes
    Date posted: 8/12/2011 8:48:47 AM
    Hometown: Pernambuco-Brazil.

    Comment:

    What Rafael Prado told is amazing, “the church is the church, but political decisions and rights are issues that we in politics have an obligation to address. We defend those rights and it is clear that same-sex couples should have equal [rights].” Of course, politics and religions doesn't belong to the same sentence.

  • Name: Tim
    Date posted: 7/29/2011 12:46:24 PM
    Hometown: Baltimore

    Comment:

    Thanks enrique for the birds-eye view and analysis.

  • Name: Jerry S
    Date posted: 7/28/2011 7:09:37 AM
    Hometown: Nanuet, NY

    Comment:

    Jose, you're a moron.

  • Name: Marta Alvarez
    Date posted: 7/27/2011 11:01:45 PM
    Hometown: Santuario, Risaralda

    Comment:

    That's my country!!!

  • Name: Marta Alvarez
    Date posted: 7/27/2011 11:01:18 PM
    Hometown: Santuario, Risaralda

    Comment:

    That's my country!!!

  • Name: enrique
    Date posted: 7/27/2011 6:58:07 PM
    Hometown: bogota

    Comment:

    hi, your guess is as good as ours (here in colombia). the court, through this decision, basically punted on the issue (to use straight male jargon). the colombian congress is notoriously homophobic. previous debates on gay rights have digressed into tirades about noah's ark - seriously. so, they are going to be useless. two years is a long time, and you can rest assured that the catholic church, the defenders of morality in colombia, will fight and fight hard. there is talk of a referendum, which would surely pass. ordinary colombians hate gay people more than they hate guerrillas and paramilitaries. i think it is time for president santos, a reasonable man, to show some leadership on the issue, even though it may cost him some support from his conservative supporters. so, to answer your question, no fucking clue! but it is mostly good news, right?

  • Name: Tim
    Date posted: 7/27/2011 6:19:04 PM
    Hometown: Baltimore

    Comment:

    I'm with "justme". Will marriage happen or not (like in NY with no strings attached)?

  • Name: Enrique
    Date posted: 7/27/2011 6:12:36 PM
    Hometown: La Ceiba

    Comment:

    You are a fool.

  • Name: justme
    Date posted: 7/27/2011 5:20:38 PM
    Hometown: europe

    Comment:

    So is this for sure? Can we consider this certain or this may not happen at all?



 
 
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