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Colombian Senate to Vote on Marriage Equality Today

Will Colombia be next?

ColombiaThe Colombia Law and Business Post writes:

Why Is This Debate Happening Now?

The Colombian Consitutional Court issued a ruling in 2001 (Sentencia C577/11) that requires the Congress to act by June 20, 2013, or else same-sex couples can present themselves to legal notaries to contract for their legal rights. The Court ruled that same-sex couples have equal legal rights to found a family, but there is a “deficit of legal protection” for such couples under current law, and ordered the Congress to eliminate that deficit by June 20, 2013. The Court previously ruled that the right given to heterosexual couples to a legally recognized non-marital union must be accorded to same-sex couples.

Some people claim that the Colombian Constitution and Civil Code refer to marriage as between a man and a woman, but this doesn’t make the point they think. Both were adopted when there was no consideration of same-sex marriage, and therefore it cannot be said that same-sex marriage was intended to be prohibited. Furthermore, neither provision says “only” a man and a woman can contract marriage.

More importantly, Art. 13 of the Constitution guarantees equality before the law. (This is also a human right guaranteed by the American Convention on Human Rights, which is binding on Colombia. See more about this below.) To allow marriage equality is to reconcile the marriage and equality clauses; to prohibit same-sex marriage is to ignore the equality clause altogether and to invent an intention for the family clause that never existed.

More on this as it develops...

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  1. This is unlikely to happen...the problem is that the government is in bed with the church -even for the peace talks happening these days...
    However gay activists -and even the press- are pushing for marriage equality to happen... No one really knows what is going to happen here... In June we will know.

    Posted by: George F | Apr 17, 2013 10:57:03 AM

  2. Hoping for the best.

    Posted by: Mikah | Apr 17, 2013 10:59:34 AM

  3. 12 years after the ruling...nothing like waiting until the last minute to deal with it...oh, wait, they still have until June 20th so they're a little ahead of the deadline. Such an inconvenience to deal with those "nuisance" LGBT rulings regarding equality and such.

    Posted by: Tim | Apr 17, 2013 11:20:18 AM

  4. The church is still very powerful in Latin America. And Latin American culture overall [I understand not all Latin Americans and Latin America countries are alike] is still at it's heart pretty conservative.

    Posted by: ratbastard | Apr 17, 2013 11:38:54 AM

  5. Rumor is conservatives have enough votes to sink the bill. Which most probably means the issue would go back to the Colombian Supreme Court which gave Colombian congress until June of this year to pass a law granting same-sex couples the same rights as heterosexual couples.

    The Court also said that if Congress failed to act same-sex couples would automatically be able to register their partnerships at notaries throughout the nation starting in June. The sticking point is what to call those partnerships; Marriage or something else.

    Posted by: Andres Duque | Apr 17, 2013 11:47:42 AM

  6. Guys, there are reports that conservatives has already gathered enough last minute votes to sink the bill. We'll see this afternoon. If the bill sinks I think (like Andrés) it will go back to Colombian Supreme Court and then another mess will restart.

    Posted by: Betocreativo | Apr 17, 2013 12:04:04 PM

  7. Thank you all for your insights!

    Posted by: ken | Apr 17, 2013 12:06:46 PM

  8. I think you mean 2011, and not 2001. Otherwise that's a really long time between a court ruling and legislative action, lol.

    Posted by: bernard | Apr 17, 2013 3:29:33 PM

  9. The ruling was issued in 2011.

    Posted by: Jason | Apr 17, 2013 5:06:26 PM

  10. Debate has been delayed until next Tuesday

    Posted by: James | Apr 17, 2013 9:29:09 PM

  11. WE shall see. Probably the chuch is as usual in bed with the drug cartel on this one. Its called money.

    Yes it was 2011. And dont forget hte Satanistic new leader of the church, Francis, called gays marrying the work of the devil.

    If there is in the western world any devil it the Vatican. Not only is the mafia all over italy now, but there are virtually zero protections of any kind at the national level for gays

    Remember - fascism developed in Italy, not Germany and Machieavelli was italian catholic.

    On the other side - in the last 2-3 weeks, France, NZ and Equador. Britain on the way. Prob AU wll follow state by state.

    Posted by: Francis=RATZInger | Apr 17, 2013 10:02:32 PM

  12. Same-sex marriage disregards the natural order of procreatory responsibility, not only confusing the natural disposition of parental authority; but undermining the legal principle that children have a right to a relationship with their biological parents, depriving a child access to their biological parent’s genetic, cultural and social heritage, not for extraordinary circumstances, but as a matter of routine. Same-sex marriage amounts to nothing more than institutionalized adultery through a hostile takeover of civil society by the State. Children will no longer be entitled to their biological parents, as the transitory wants of same-sex adults will have taken precedence over a child’s best interest.

    Same-sex marriage proponents demand “Marriage Equality”, yet, in return, they offer less-than-equal protection of the child’s happiness than can be afforded through the presence of both biological parents.

    Same-sex proponents profess that it is love which gives the right to join the institution of marriage, yet, in doing so, they selfishly violate the principle loving objective of this noble institution; to protect a child’s Natural Right to be raised by both biological parents.

    Same-sex marriage is not justice in the eyes of a child. Same-sex marriage is an abuse of power, a tyrannical subversion of the fundamental principles of marriage and the duties which it enjoins; contrary to the nature and state of man, same-sex marriage is merely the unwarranted whims of an ignorant and selfish generation whose conduct is nothing less that an embarrassment to the dignity of mankind.

    In fine, same-sex marriage is an unnatural extravagance which the supporters most ignorantly claim to be a “right”.

    “No one has a right to do that which, if everybody did it, would destroy society.” ---Immanuel Kant

    Posted by: Jean-Jacques Burlamaqui | Apr 17, 2013 10:13:43 PM

  13. That's silly Jean-Jacques Burlamaqui: none of the countries which have already approved same-sex marriage have been destroyed by it...Yours is just the typical tired argument of the religious fanatics to scare up all the people they can into denying gays their civil rights...

    Posted by: George F | Apr 18, 2013 12:55:31 AM

  14. Here's the problem with your opinion, Jean-Jacques. It's bullsh*t and tired.

    Posted by: Travis | Apr 18, 2013 1:09:16 AM

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