Same-sex marriage in Colombia

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Same-sex marriage has been legal in Colombia since 28 April 2016 in accordance with a 6–3 ruling from the Constitutional Court that banning same-sex marriage is unconstitutional under the Constitution of Colombia. The decision took effect immediately, and made Colombia the fourth country in South America to legalize same-sex marriage, [1] after Argentina, Brazil and Uruguay. The first same-sex marriage was performed in Cali on 24 May 2016. [2]

Contents

Colombia has also recognised same-sex de facto unions, providing some of the rights and benefits of marriage, since 2007.

De facto unions

Establishment and court rulings

A de facto union (Spanish : unión marital de hecho, pronounced [uˈnjommaɾiˈtaldeˈetʃo] ) can be registered through a public deed with a notary or a judge. [3] A registered union may provide greater convenience when accessing rights. If unregistered, a person may have to prove the union's existence to a court.

On 7 February 2007, the Constitutional Court of Colombia extended several property and pension rights to cohabiting same-sex couples. [4] [5] A subsequent court decision, handed down in October 2007, extended social security and health insurance rights to same-sex couples. [6] On 28 January 2009, the Constitutional Court gave 42 more rights previously only granted to heterosexual couples to cohabitating same-sex couples, including citizenship rights, residence permits, testimony when in jury, and family-properties laws, among others. [7] [8] Another ruling that was handed down on 13 April 2011 extended inheritance rights to same-sex couples. [9] In a ruling issued on 4 January 2021, the court ruled that a couple who wishes to prove that they live in a de facto union must provide information on the date since they have lived together, social events they attended together, mutual support during difficult times, or joint projects. [10] [11]

Statistics

From February 2007 to August 2012, at least 51 same-sex de facto unions were registered by notaries in the coastal city of Cartagena. During that same time period, 74 and 140 such unions were registered in the cities of Soledad and Bogotá, respectively. [12]

Civil union proposals

On 15 June 2007, the Chamber of Representatives approved a historic same-sex union bill by a vote of 62–43, [13] and President Álvaro Uribe was expected to sign the measure into law, which had been approved by the Colombian Senate in April. However, on 19 June, a group of conservative senators broke party discipline in what is usually a routine vote on the final form of a bill and defeated the measure by 29–34 in the 102-member Senate. About 80 LGBT advocates held a demonstration outside the National Capitol the following day, protesting the bill's defeat. [14] Supporters vowed to revive the legislation. The bill, which had been endorsed by conservative President Uribe, [15] would have made Colombia the first nation in Latin America to grant same-sex couples in long-term relationships the same rights to health insurance, inheritance and social security as married couples.

On 17 March 2015, Senator Armando Benedetti introduced a civil union bill. [16] [17] [18] The bill was not voted on, and it was re-introduced by Senator Roy Barreras on 30 July 2015. [19] [20] On the same day, senators Benedetti and Barreras introduced a bill allowing same-sex couples to adopt children, [21] [22] but likewise the measure was not voted on.

Same-sex marriage

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Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Country subject to IACHR advisory opinion
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal, though penalties not enforced

Legislative proposals

On 26 July 2011, the Constitutional Court ruled unanimously 9–0 (in case C-577/2011) that, although it could not change the definition of marriage as "the union of a man and a woman", same-sex couples have the right to form a family. The court ordered the Congress of Colombia to pass legislation addressing this issue, whether by legalizing same-sex marriage or another marriage-like union, within two years (i.e. by 20 June 2013). If such a law were not passed by that deadline, the court ruled that same-sex couples would automatically become able to register their relationship with a notary. [9] [23] [24] In 2011, four bills were filed in Congress to recognize same-sex couples; two used the word "marriage", and the other two would have created civil unions. [25]

In October 2012, Senator Armando Benedetti introduced a bill legalizing same-sex marriage. The bill initially only allowed for civil unions, but the text was later changed by Benedetti to permit same-sex couples to marry. [26] President Juan Manuel Santos did not take a position on the bill. [27] The Senate's First Committee approved the bill on 4 December 2012. [28] [29] On 24 April 2013, it was rejected by the Senate in a 17–51 vote, [27] [30] after being postponed on two different occasions. The negative outcome was expected, as the two biggest parties made a commitment to kill the bill. [27] Senator Benedetti responded to the vote calling the Congress "worthless", and stating that senators who voted against the project wanted the Congress to be like the ones of "Congo, Uganda, Bolivia and Haiti". [31]

Days before the vote, the superintendent of the Superintendence of Notaries and Registrations of Colombia, Jorge Enrique Vélez, announced that if the Congress failed to pass the same-sex marriage bill before the 20 June deadline, the Ministry of Justice and Law, led by Minister Ruth Stella Correa Palacio, would prepare guidelines for notaries and judges to conduct "solemn contracts" for same-sex couples. [32] On 18 April 2013, the Superintendence presented its own proposal, which sought to set guidelines for the celebration of same-sex couples' "marital unions". [33] [34] On 20 June, notaries across the country started performing these unions; however, LGBT activists advised couples not to enter into those contracts because, they said, the framework for a "marital contract" did not exist in Colombian law. [35] In the following days, several couples made petitions to judges to have their relationships recognized as a marriage. [36]

On 24 July 2013, a judge in Bogotá declared a male same-sex couple legally married, marking the first same-sex marriage in Colombia. [37] [38] In September 2013, two judges married two other same-sex couples. [39] The first marriage was challenged by a conservative group, and it was initially annulled. However, in October, the Bogotá High Court maintained the validity of that marriage. [40] [41] The issue of same-sex marriage was once again discussed by the Constitutional Court after the Office of the Inspector General requested that the court invalidate all the marriages. [42] A hearing was scheduled for 7 May 2015. [43] It was postponed as some judges were not present and a new hearing open to the public occurred on 30 July 2015. A verdict was to be reached before 31 August 2015. [44]

On 30 July 2015, Senator Benedetti introduced a same-sex marriage bill. [45] [46] [47] The Senate's First Committee started to debate the bill on 9 December 2015, [48] but it was not voted on by Congress.

Recognition of marriages performed abroad

In May 2015, Interior Minister Juan Fernando Cristo announced the government's support for a move to recognise same-sex marriage. He made the statement the day after a multi-country same-sex couple began an unprecedented legal battle to have their 2013 marriage performed in Spain recognised in Colombia. [49]

Colombian government agencies began recognising same-sex marriages lawfully performed in foreign jurisdictions in March 2016. Same-sex couples married abroad are now entitled to the same visa, health care benefits, inheritance and pension rights as heterosexual spouses once they take a stamped marriage certificate and identification papers to the nearest designated office. [50]

2016 Constitutional Court ruling

Participants at Bogota Pride in June 2013 campaigning for LGBT rights and same-sex marriage Marcha LGBT 2013 Bogota (9194578156).jpg
Participants at Bogotá Pride in June 2013 campaigning for LGBT rights and same-sex marriage

In March 2016, a draft of a ruling, considered to be a minority opinion of the Constitutional Court, was published by Judge Jorge Ignacio Pretelt. The draft argued that marriage applied only to "one man and one woman" and that it was up to Congress to legalize same-sex marriage, and thus not a matter for the courts to decide. On 7 April 2016, the court voted 6–3 against the proposal. [51] Judge Alberto Rojas Río was assigned to prepare a new proposal, which was expected to be in line with the court majority's view (i.e. to declare that prohibiting same-sex couples from getting married is unconstitutional). [52] [53] [54] [55] The court announced its decision on 28 April 2016, ruling by a 6–3 margin that "marriage between people of the same sex does not violate the constitutional order". [56] The ruling established that every "solemn contract" entered into by same-sex couples since 20 June 2013 (under the provisions of the court's previous ruling in the C-577/2011 case) is legally valid and to be recognised as a marriage, meaning that couples who have entered into such unions since 20 June 2013 need not remarry as a result of the court's new ruling. [57] [58] [59] The ruling was officially published on 7 July 2016. [60]

Judge Maria Victoria Calle Correa wrote, "all people are free to choose independently to start a family in keeping with their sexual orientation... receiving equal treatment under the constitution and the law." The court's ruling informed state judges, notaries and clerks that they "must ensure that citizens' fundamental rights are observed and that they are all granted equal treatment." [1] The first same-sex wedding following the ruling occurred in Cali on 24 May 2016 between Fernando Fernando Quimbayo and José Manuel Ticora. [2] [61]

On 12 July 2016, the Constitutional Court rejected a challenge filed by a conservative group to nullify the ruling. [62] In January 2017, the court rejected an appeal filed by former Inspector General Alejandro Ordóñez to overturn the decision. [63]

Statistics and notable weddings

Civil marriages are performed by notaries and judges. Every marriage performed in Colombia has to be registered with the National Civil Registry. According to the Superintendence of Notaries and Registrations, notaries performed 138 same-sex marriages in 2016, 341 in 2017 and 316 in 2018, [64] with most occurring in Antioquia, Cundinamarca (including Bogotá), Valle del Cauca and Risaralda departments. [65] By June 2019, 968 same-sex marriages had been performed by notaries in Colombia since legalization; 258 in Bogotá, 240 in Medellín, 92 in Cali, and 79 in Pereira. [66] Six same-sex divorces occurred in 2017 and five in 2018. [67] 1,703 same-sex marriages were performed in Colombia between 2016 and 2021, representing about 0.5% of all marriages. [68]

In December 2019, Mayor Claudia López Hernández of Bogotá married her partner Senator Angélica Lozano Correa, [69] in one of the more notable same-sex marriages in Colombia.

Public opinion

A poll conducted between December 2009 and January 2010 in Bogotá showed that 63% of the city's population was in favor of legalizing same-sex marriage, while 36% was against it. The poll showed that women and people with a higher education level were more likely to support same-sex marriage. [70]

A nationwide Ipsos poll conducted in November 2012 found that 28% of Colombians supported same-sex marriage, while 66% opposed it and 6% did not respond. [71] According to a Pew Research Center survey conducted between 28 November 2013 and 4 March 2014, 28% of Colombians supported same-sex marriage, while 64% were opposed. [72] [73] A Gallup poll conducted in July 2016 showed that 40% of Colombians supported same-sex marriage, while 57% were opposed. [74] The 2017 AmericasBarometer showed that 34% of Colombians supported same-sex marriage, [75] while a 2018 Gallup poll found that support for same-sex marriage had increased to 46%, with 52% of Colombians opposed. [76]

In October 2019, an Invamer poll showed that support for same-sex marriage had, for the first time ever, reached 50%, with 47% opposing. 36% of respondents supported adoption by same-sex couples, while 62% opposed. [77] A 2023 Ipsos poll showed that 49% of Colombians supported same-sex marriage, while 21% supported civil unions or other types of partnerships but not marriage, 18% were undecided and 12% were opposed to all recognition for same-sex couples. [78]

See also

Related Research Articles

Same-sex marriage has been legal in Chile since 10 March 2022. The path to legalization began in June 2021 when President Sebastián Piñera announced his administration's intention to sponsor a bill for this cause. The Chilean Senate passed the legislation on 21 July 2021, followed by the Chamber of Deputies on 23 November 2021. Due to disagreements between the two chambers of the National Congress on certain aspects of the bill, a mixed commission was formed to resolve these issues. A unified version of the bill was approved on 7 December 2021. President Piñera signed it into law on 9 December, and it was published in the country's official gazette on 10 December. The law took effect 90 days later, and the first same-sex marriages occurred on 10 March 2022. Chile was the sixth country in South America, the seventh in Latin America and the 29th in the world to legalize same-sex marriage.

<span class="mw-page-title-main">Same-sex marriage in Mexico</span>

Same-sex marriage is legally recognized and performed throughout Mexico since 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country. Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.

<span class="mw-page-title-main">LGBTQ rights in Colombia</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Colombia have advanced significantly in the 21st century, and are now quite progressive. Consensual same-sex sexual activity in Colombia was decriminalized in 1981. Between February 2007 and April 2008, three rulings of the Constitutional Court granted registered same-sex couples the same pension, social security and property rights as registered heterosexual couples.

Same-sex marriage has been legal in Costa Rica since May 26, 2020 as a result of a ruling by the Supreme Court of Justice. Costa Rica was the first country in Central America to recognize and perform same-sex marriages, the third in North America after Canada and the United States, and the 28th to do so worldwide.

Same-sex marriage has been legal in Ecuador since 8 July 2019 in accordance with a Constitutional Court ruling issued on 12 June 2019 that the ban on same-sex marriage was unconstitutional under the Constitution of Ecuador. The court held that the Constitution required the government to license and recognise same-sex marriages. It focused its ruling on an advisory opinion issued by the Inter-American Court of Human Rights in January 2018 that member states should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". The ruling took effect upon publication in the government gazette on 8 July.

Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Tribunal. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) is obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023. The ruling made Bolivia the seventh country in South America to recognise same-sex unions.

Same-sex marriage has been legal in Chihuahua since 12 June 2015. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Chihuahua, more than 20 individual amparos were decided with the same outcome, yet the Congress did not act. In anticipation of the Supreme Court of Justice of the Nation ordering the Congress to act, Governor César Duarte Jáquez announced on 11 June that there would be no further prohibition in the state. Marriage licenses became available the following day, 12 June 2015. Chihuahua was the third Mexican state to legalize same-sex marriage, after Quintana Roo and Coahuila. The gubernatorial policy was continued by María Eugenia Campos Galván in 2021.

Same-sex marriage has been legal in Guerrero since 31 December 2022.

Same-sex marriage has been legal in Michoacán since 23 June 2016. On 18 May 2016, the Congress of Michoacán approved a bill to legalise same-sex marriage by a vote of 27 in favour, none opposed and 8 abstentions. The law was published in the state's official journal on 22 June, and took effect the following day. Previously, Congress had refused to amend the Family Code to legalize same-sex marriage, despite a ruling by a state judge requiring it to do so.

Same-sex marriage has been legal in Nayarit since 23 December 2015. A bill for the legalization of same-sex marriages was approved by the state Congress on 17 December in a 26–1 vote with 1 abstention. The law was published in the official state journal on 22 December and took effect the following day. Nayarit was the fourth Mexican state to legalise same-sex marriage after Quintana Roo, Coahuila and Chihuahua.

Same-sex marriage has been legal in Jalisco since a unanimous ruling by the Mexican Supreme Court on 26 January 2016 striking down the state's same-sex marriage ban as unconstitutional under Articles 1 and 4 of the Constitution of Mexico. The ruling was published in the Official Journal of the Federation on 21 April; however, some municipalities refused to marry same-sex couples until being ordered by Congress to do so on 12 May 2016. The state Congress passed a bill codifiying same-sex marriage into law on 6 April 2022.

Same-sex marriage has been legal in Campeche since 20 May 2016. In April 2016, Governor Alejandro Moreno Cárdenas introduced a same-sex marriage bill to the Congress of Campeche, which was approved on 10 May and entered into force 10 days later. Campeche had previously recognized same-sex couples in the form of civil unions only, which were enacted in 2013 and grant couples several of the rights and benefits of marriage.

Same-sex marriage has been legal in Colima since 12 June 2016. On 25 May 2016, a bill to legalise same-sex marriage passed the Congress of Colima and was published as law in the state's official journal on 11 June. It came into effect the next day. Colima had previously recognized same-sex civil unions, but this "separate but equal" treatment of granting civil unions to same-sex couples and marriage to opposite-sex couples was declared discriminatory by the Supreme Court of Justice of the Nation in June 2015. Congress had passed a civil union bill in 2013 but repealed it in 2016 shortly before the legalization of same-sex marriage.

Same-sex marriage is legal in Puebla in accordance with a ruling from the Supreme Court of Justice of the Nation. On 1 August 2017, the Supreme Court ruled that the same-sex marriage ban containted in the state's Civil Code violated Articles 1 and 4 of the Constitution of Mexico, legalizing same-sex marriage in the state of Puebla. The ruling was officially published in the Official Journal of the Federation on 16 February 2018.

Same-sex marriage has been legal in Baja California since 3 November 2017 when the Secretary General of Government, Francisco Rueda Gómez, instructed the state's civil registry to immediately begin issuing marriage licenses to same-sex couples and cease enforcement of the state's same-sex marriage ban. This was in line with jurisprudence established by the Mexican Supreme Court, which has ruled that same-sex marriage bans violate Articles 1 and 4 of the Constitution of Mexico. Previously, Baja California had banned same-sex marriage both by statute and in its state constitution.

Same-sex marriage is legal in Aguascalientes in accordance with a ruling from the Supreme Court of Justice of the Nation on 2 April 2019 that the state's ban on same-sex marriage violated Articles 1 and 4 of the Constitution of Mexico. The ruling came into effect upon publication in the Official Gazette of the Federation on 16 August 2019, legalizing same-sex marriage in Aguascalientes.

Same-sex marriage has been legal in San Luis Potosí since 21 May 2019. The Congress of San Luis Potosí approved a bill to legalize same-sex marriage on 16 May 2019. It was signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day.

Same-sex marriage has been legal in Veracruz since 13 June 2022. On 30 May 2022, the Mexican Supreme Court ruled that the state's same-sex marriage ban violated Articles 1 and 4 of the Constitution of Mexico. The ruling was meant to take effect upon publication in the Official Journal of the Federation, but the Congress of Veracruz passed a bill to legalize same-sex marriage just three days later, on 2 June. The law was published in the official state journal on 13 June and went into effect the same day.

Same-sex marriage has been legal in Sinaloa since 30 June 2021. On 12 June 2021, a federal court ordered the Congress of Sinaloa to pass a same-sex marriage law by 15 June, in accordance with jurisprudence established by the Supreme Court of Justice of the Nation. Subsequently, same-sex marriage legislation passed Congress unanimously on 15 June. It was published in the official state journal on 29 June, and entered into force the following day, making Sinaloa the 20th Mexican state to legalize same-sex marriage.

Same-sex marriage has been legal in the State of Mexico since 2 November 2022. On 11 October 2022, the Congress of the State of Mexico voted 50–16 with seven abstentions to pass a bill legalizing same-sex marriage. It was published on 1 November 2022, and took effect the next day. The State of Mexico was the third-to-last state in Mexico to provide for same-sex marriage.

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  59. ↑ "Listo el formato para el matrimonio de parejas homosexuales en notarias". Caracol Radio. 28 April 2016. Archived from the original on 1 June 2016. Retrieved 29 April 2016.
  60. ↑ (in Spanish) Sentencia SU214/16 Archived 11 December 2017 at the Wayback Machine
  61. ↑ "Meet the First Same-Sex Couple Married in Colombia". Advocate. 25 May 2016. Archived from the original on 31 May 2016.
  62. ↑ "Corte Constitucional rechazó petición para tumbar el matrimonio igualitario". ELESPECTADOR.COM. 12 July 2016. Archived from the original on 10 August 2020. Retrieved 29 May 2020.
  63. ↑ Betín, Tomás (27 January 2017). "Corte negó solicitud de Ordóñez de anular aval al matrimonio igualitario". El Heraldo (in Spanish). Archived from the original on 12 March 2022. Retrieved 12 March 2022.
  64. ↑ "¿Ya no nos estamos casando los colombianos?". Señal Colombia (in Spanish). 27 February 2019. Archived from the original on 26 June 2020. Retrieved 23 June 2020.
  65. ↑ "341 parejas del mismo sexo contrajeron matrimonio civil en 2017: Supernotariado". Supernotariado (in Spanish). Archived from the original on 26 June 2020. Retrieved 23 June 2020.
  66. ↑ "En Colombia se han casado 968 parejas del mismo sexo". RCN Radio (in Spanish). 29 October 2019. Archived from the original on 26 June 2020. Retrieved 23 June 2020.
  67. ↑ "En Colombia los matrimonios no duran; el divorcio sigue en aumento". Radio Santa Fe (in Spanish). 1 June 2019. Archived from the original on 24 June 2020. Retrieved 23 June 2020.
  68. ↑ "Matrimonio igualitario: 1.703 parejas se han casado desde 2016". El Tiempo (in Spanish). 8 June 2022. Archived from the original on 8 June 2022. Retrieved 8 June 2022.
  69. ↑ "Colombia: Bogotá's first female mayor marries same-sex partner". The Guardian. 17 December 2019. Archived from the original on 21 June 2022. Retrieved 23 June 2020.
  70. ↑ Tiempo, Casa Editorial El (26 August 2010). "Los habitantes de Bogotá aprueban el matrimonio homosexual, según encuesta". El Tiempo. Archived from the original on 12 August 2018. Retrieved 29 May 2020.
  71. ↑ "Jóvenes rechazan legalización de drogas, aborto y matrimonio gay". 28 November 2012. Archived from the original on 8 April 2019. Retrieved 18 April 2013.
  72. ↑ "Social Attitudes on Moral Issues in Latin America - Pew Research Center". Pew Research Center's Religion & Public Life Project. 13 November 2014. Archived from the original on 11 April 2017. Retrieved 8 January 2015.
  73. ↑ "Appendix A: Methodology". Pew Research Center's Religion & Public Life Project. 13 November 2014. Archived from the original on 11 April 2017. Retrieved 8 January 2015.
  74. ↑ "Gallup: El matrimonio civil entre parejas homosexuales" (in Spanish). Scribd. Archived from the original on 8 April 2019. Retrieved 11 July 2016.
  75. ↑ "CULTURA POLÍTICA DE LA DEMOCRACIA EN LA REPÚBLICA DOMINICANA Y EN LAS AMÉRICAS, 2016/17" (PDF). Archived (PDF) from the original on 19 April 2019. Retrieved 8 January 2019.
  76. ↑ "Gallup poll - Abril 2018" (PDF). Gallup Colombia (in Spanish). p. 82. Archived from the original (PDF) on 12 June 2018. Retrieved 12 June 2018.
  77. ↑ "25 años de Poll". Invamer (in Spanish). p. 72 and 73. Archived from the original on 22 July 2022. Retrieved 4 December 2019.
  78. ↑ "LGBT+ Pride 2023 A 30-Country Ipsos Global Advisor Survey" (PDF). Ipsos. Retrieved 13 October 2023.
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