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In a landmark judgment that challenges the country's conservative tradition, the Constitutional Court of Ecuador unanimously approved the same-bad civil union, after considering the claims of the same bad. two couples of men having claimed the right to marry before the authorities. In this way, Ecuador joined Costa Rica, Argentina, Brazil, Colombia and Uruguay, which approved a legal form of equal marriage.
With five votes for and four against, the Constitutional Court approved last Wednesday the resolution that amends the Constitution and challenges the Catholic Church in a historically conservative country. This decision was greeted with joy by LGTBI groups in that country and by human rights activists in Foch Square, central Quito, and in Guayaquil Port.
In 2008, the new Constitution, of a socialist nature, ratified marriage as a union between a man and a woman, in continuity with the previous version of the Magna Carta. In addition, adoption for same-bad couples is prohibited.
I also read: "Homobaduality decriminalized by Botswana"
A first step towards last Wednesday's resolution took place in 2015 when the country validated the de facto union of same-bad couples through a civil code reform. However, this de facto marriage was an element of the lower hierarchy because, even though the declaration left room, the testimony of two persons living in a conjugal relationship provided almost nonexistent protection in such aspects as social, medical and social benefits. of employment.
Constitutional judges have adhered to the principles "favorable to the equality of the person" and rejecting "all kinds of discrimination"after considering the requirements of two male couples Efraín Soria and Javier BenalcázarAnd Rubén Salazar and Carlos Verdesoto, who used all the legal authorities to get married.
"I want to greet Javier, he is in Guayaquil, my life, I love you", exclaimed Soria before the press in Quito. He added feeling happy for "to be able to achieve equality" and he encouraged homobaduals not to hide anymore and "Enjoy this joy of being the same as any other".
AT Christian Paula, lawyer of the Pakta Foundation, who gives legal advice to nearly a dozen same-bad couples seeking to get married in the country, court decision "implies that Ecuador is more egalitarian, more just than yesterday, that it is recognized that human rights must be suitable for all, without discrimination ".
On the other hand, the declaration favorable to the equality of the marriage also generated reactions in the conservative sector. The right reference Poly Ugarte considered that the maximum court "You can not change the Constitution, you need reform". "If you want an ideology of the kind, of egalitarian marriage or abortion, we go to a popular consultation. Decisions that affect our lives and our family must be consulted with people "said the ex-MP via her Twitter account.
The judges who opposed the Court considered that the "The Constitutional Reform Procedure of the National Assembly is an Appropriate Way to Recognize the Equality of Marriage".
The @CorteConstEcu It can not change the Constitution, it needs reform. If you want a gender ideology, an egalitarian marriage or an abortion, let's see a popular consultation. Decisions that affect our lives and our family should be consulted with people. https://t.co/O2hK0CWkzA
– Poly Ugarte (@PolyUgarteG)
June 12, 2019
"The pronouncement is obligatory in the country because the decisions of the Constitutional Court oblige the Ecuadorian authorities" to comply with it, the constitutionalist explained Gustavo Medina, former President of the Supreme Court of Justice.
In Latin America, countries that have approved a legal form of marriage equality are Costa Rica, Argentina, Brazil, Colombia, and Uruguay. It is also allowed in Mexico City.
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