Recognition of same-sex unions in Ecuador

Legal status of same-sex unions
Marriage
Performed

Argentina
Australia
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Colombia
Costa Rica+
Denmark
Finland
France
Germany
Iceland
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Mexico:
· 12 states & CDMX
Netherlands1
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Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

Civil unions for same-sex couples were legalized by the approval of the 2008 Constitution of Ecuador,[1][2][3] including all the rights of marriage except for joint adoption. The first reported civil union was recognised in August 2009.[4][5][6][7][8]

Following two separate court rulings by the Family, Women, Children and Adolescents Court in Cuenca on 29 June 2018, same-sex marriage licenses must be issued upon request by the Civil Registry.[9] The judges cited the January 2018 Inter-American Court of Human Rights which held that same-sex marriage is a human right. However, the Civil Registry has appealed the rulings, preventing their coming into force.[10][11]

Civil unions

Recognition of same-sex unions in South America
  Marriage
  Other type of partnership
  Unrecognized
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal

Since the early 20th century, opposite-sex civil unions, available after two years of cohabition, have been granted the same rights as civil marriages. In the late 19th century, the liberal revolution led by Eloy Alfaro established the separation of church and state in the country. Since the consolidation of this separation in the first decades of the 20th century, only civil marriage or unions have been recognized by the state.

During the debate over the 2008 Ecuadorian new Constitution, LGBT organizations campaigned for the inclusion of same-sex civil unions,[12][13] which were eventually included in Article 68 of the Constitution, despite protests from the Catholic Church and evangelical groups.[14] Under the text of the new Constitution, the only difference between same-sex and opposite-sex unions is that adoptions by same-sex couples are not permitted; adoption rights are the same for civil unions as for civil marriages, but do not extend to same-sex unions.[15] Protection against discrimination based on sexual orientation had already been introduced in the 1998 Constitution, Ecuador being among the first three countries in the world to adopt such a constitutional protection.[16]

President Rafael Correa stated that he wanted the document to allow same-sex unions, saying that "the profoundly humanistic position of this government is to respect the intrinsic dignity of everyone, of every human being, independently of their creed, race, sexual preference. We will give certain guarantees to stable gay couples but matrimony will continue being reserved for a man, a woman and the family. Every person has dignity, that's to say, one must respect a person independently of their sexual preference. Be careful not to deny employment to someone because of their sexual preference. That is discrimination, that is unconstitutional."[17][18]

The Constitution was approved in a referendum by 69.46%, and was officially recorded on 20 October 2008.[19] The first same-sex union was recognised in August 2009.[4]

Text of Article 68 of the Ecuador Constitution

In Spanish: Art. 68.- "La unión estable y monogámica entre dos personas libres de vínculo matrimonial que formen un hogar de hecho, por el lapso y bajo las condiciones y circunstancias que señale la ley, generará los mismos derechos y obligaciones que tienen las familias constituidas mediante matrimonio. La adopción corresponderá sólo a parejas de distinto sexo."

That is: "The stable and monogamous union between two persons, free of matrimonial bond, who form a de facto couple, for the duration and under the conditions and circumstances that the law provides, will generate the same rights and obligations as held by families built through marriage. Adoption will pertain only to couples of different sexes."

Subsequent changes

Although civil unions were legalised in the 2008 Constitution, they were not formally recognized as unions in government documents until 15 September 2014, when the Directorate General of the Civil Registry began registering them nationwide. Three cities, Quito, Guayaquil and Cuenca, had already begun recognizing civil unions prior to September 2014.[20]

On 21 April 2015, the National Assembly voted in favor of a bill codifying civil unions into statute law, by 89-1.[21][22] The bill also removed the requirement to have lived together for two years. President Rafael Correa signed it into law on 19 June 2015.[23]

Same-sex marriage

Under Artice 67 of the 2008 Constitution, "marriage is the union between man and woman based on the free consent of the parties and their equal rights, obligations and legal capacity."[24] However, rulings by the Inter-American Court of Human Rights and domestic Ecuadorian courts since the Constitution was ratified have mandated marriage rights for same-sex couples.

History

During a series of interviews with local newspaper El Universo before the 2013 Ecuadorian general election, two of the eight presidential candidates expressed their support for same-sex marriage: leftist candidates Alberto Acosta,[25] from the Plurinational Unity of the Lefts, and Norman Wray,[26] from the Ruptura 25 movement. President Rafael Correa did not participate in the interviews.[27] However, in a 2011 interview for Radio France Internationale, Correa said that he "couldn't accept" same-sex marriage or abortion, although when asked if he would oppose legislation legalizing either of them, he referred only to abortion when saying that he would certainly oppose it.[28] On 17 February 2013, President Correa won the election by a wide margin.[29] On 23 May 2013, Correa reiterated his opposition to same-sex marriage.[30]

On 4 March 2016, the Provincial Government of Azuay unanimously approved an ordinance allowing symbolic same-sex marriages.[31] The ordinance allows same-sex couples to register their marriage with the Azuay Provincial Civil Registry, but the marriage would only be symbolic and has no legal effect.[32][33] The first symbolic same-sex marriage was held in late June 2016 in Cuenca.[34]

Before the 2017 presidential election, Paco Moncayo, candidate for the Democratic Left, said there should be a national debate on the legalisation of same-sex marriage.[35] The election was eventually won by Lenín Moreno, whose position on same-sex marriage is unknown, as he refused to answer questions on the issue from activist Pamela Troya.[36]

Legalization efforts

Santiago Vinces and Fernando Saltos on their way to the Guayaquil Civil Registry, as part of the Matrimonio Civil Igualitario campaign.

On 5 August 2013, LGBT rights groups launched a nationwide campaign under the name Matrimonio Civil Igualitario (Equal Civil Marriage), seeking to legalize same-sex marriage in the country.[37] The campaign was launched with a marriage petition made by activist Pamela Troya and her partner at the Civil Registry of Quito.[38][39] The petition was rejected days later, citing the country's Constitution and Civil Code. The couple announced on 8 August that they would file a lawsuit in order to have a judge order the Civil Registry to marry them.[40][41][42] The lawsuit was filed on 13 August and is still pending.[43][44] The case is currently being reviewed by the Supreme Court, and focuses heavily on the Inter-American Court of Human Rights case of Atala Riffo and Daughters v. Chile, which held that sexual orientation is a suspect classification.

On 26 August 2013, a different couple went to the Guayaquil Civil Registry asking to be married.[45] The couple, Santiago Vinces and Fernando Saltos, marched through the city to the Civil Registry with a convoy of activists and supporters, including actress Érika Vélez.[46][47][48][49][50] Their marriage petition was denied three days later, citing the same reasons given to the first couple.[51][52]

2018 Inter-American Court of Human Rights ruling

On 8 January 2018, the Inter-American Court of Human Rights (IACHR) ruled that the American Convention on Human Rights mandates and requires the recognition of same-sex marriage. The ruling was fully binding on Costa Rica and set binding precedent in other Latin American and Caribbean countries, including Ecuador.[53]

Since then, LGBT advocacy groups in Ecuador have urged the Government to abide by the ruling and legalise same-sex marriage.[54]

June 2018 rulings

Following the IACHR ruling, two same-sex couples went to the Civil Registry in Cuenca to apply for marriage licenses. After both were rejected, they filed separate suits in court arguing that the refusal to recognise their marriage was discriminatory, unconstitutional and a violation of the American Convention on Human Rights. Citing the IACHR ruling, two family judges ruled in the couples' favour on 29 June 2018. The judges ordered the Civil Registry to immediately begin registering same-sex marriages. However, the Civil Registry has announced its intention to appeal the decision. The two cases have the support of the Azuay Provincial Government.[55][56][57] On 10 September 2018, the Labor Chamber of the Provincial Court of Justice overturned both decisions, stating that the issue of same-sex marriage should be handled by the National Assembly or the Constitutional Court.[58]

On 28 July 2018, the president of the Constitutional Court, Alfredo Ruiz, said that a majority of judges are in favour of the legalisation of same-sex marriage, and confirmed that the Court will vote to legalise it.[11]

Public opinion

According to a Pew Research Center survey, conducted between November 7, 2013 and January 26, 2014, 16% of Ecuadorians supported same-sex marriage, and 74% were opposed.[59][60]

According to the 2014 AmericasBarometer (published in June 2015), 16.5% of Ecuadorians were in favour of same-sex marriage.[61]

See also

References

  1. ↑ (in Spanish) Apoyo al matrimonio entre personas del mismo sexo en América Latina Archived 6 July 2013 at WebCite. Retrieved 17 January 2013.
  2. ↑ Ecuador Approves New Constitution Including Same-Sex Civil Unions. Retrieved 17 January 2013.
  3. ↑ Ecuador's poor bank on referendum. Bbc.co.uk (27 September 2008). Retrieved 17 January 2013.
  4. 1 2 "Uniones gays ya son legales". Vistazo.com. Archived from the original on 19 April 2012. Retrieved 10 February 2012.
  5. ↑ Jorge Alberto Chávez Reyes (20 September 2009). "Se realizó primera unión civil homosexual en Ecuador". Blogdelimagay.blogspot.com. Retrieved 18 December 2011.
  6. ↑ "Legalización de uniones homosexuales en Ecuador". Elsalvador.com. Retrieved 18 December 2011.
  7. ↑ "Doce parejas homosexuales legalizaron su unión de hecho en Ecuador". Sentidog.com. 2 July 2010. Retrieved 10 February 2012.
  8. ↑ Dos Manzanas (16 September 2009). "Ecuador celebró la primera unión de hecho entre personas del mismo sexo, desatando la indignación de la iglesia católica". Dosmanzanas.com. Retrieved 18 December 2011.
  9. ↑ "Ecuador court rules in favor of marriage equality for same-sex couples". Retrieved 2018-07-06.
  10. ↑ "Ecuadorian Court Rules for Marriage Equality". 2018-07-05. Retrieved 2018-07-06.
  11. 1 2 (in Spanish) Unión gay sería reconocida por Corte Constitucional
  12. ↑ (in Spanish) El Universo. “Los gays nos manejamos como familia”. Retrieved 15 May 2013.
  13. ↑ (in Spanish) El Universo. Uniones homosexuales en el país son un hecho aun sin ley. Retrieved 15 May 2013.
  14. ↑ (in Spanish) Nueva Constitución reconoce unión gay y lésbica Retrieved 15 May 2013.
  15. ↑ CONSTITUCIÓN DEL ECUADOR Archived 20 August 2008 at the Wayback Machine.
  16. ↑ "Shutting Down Clinics that 'Cure Homosexuality' in Ecuador", The Human Rights Brief, Center for Human Rights and Humanitarian Law, reported by Christina Fetterhoff, 28 November 2011
  17. ↑ Materville Studios – Host of Windy City Times. "Ecuadorean president supports same-sex partnerships". Windycitymediagroup.com. Retrieved 18 December 2011.
  18. ↑ (in Spanish) Presidente Correa: Ecuador es un estado laico que debe respetar todas las creencias. Retrieved 15 May 2013.
  19. ↑ "Ecuador's new constitution goes into effect". HighBeam Research. 20 October 2008.
  20. ↑ "REGISTRO DE UNIONES DE HECHO". Ecuador ama la vida. 11 September 2014.
  21. ↑ Lavers, Michael K. (April 23, 2015). "Ecuadorian lawmakers approve civil unions bill". Washington Blade: Gay News, Politics, LGBT Rights.
  22. ↑ "Ecuador reconoce la Unión de Hecho Homosexual como un estado civil" (in Spanish). ILGALAC. Retrieved May 10, 2016.
  23. ↑ "Nr 526" (PDF) (in Spanish). Asamblea Nacional. Retrieved May 10, 2016.
  24. ↑ "Art. 67 Ecuador Constitution – 2008". Pdba.georgetown.edu. 11 July 2011. Retrieved 18 December 2011.
  25. ↑ (in Spanish) El Universo. Hablan los Presidenciables: Alberto Acosta Archived 5 February 2013 at the Wayback Machine.. Retrieved 13 February 2013.
  26. ↑ (in Spanish) El Universo. Hablan los presidenciales: Norman Wray. Retrieved 13 February 2013.
  27. ↑ (in Spanish) El Universo. Hablan los Presidenciables: Rafael Correa. Retrieved 13 February 2013.
  28. ↑ Rafael Correa: "En Ecuador hay criminales que quieren recuperar el poder"
  29. ↑ Neuman, William (February 17, 2013). "President Correa Handily Wins Re-election in Ecuador". The New York Times.
  30. ↑ (in Spanish) Correa descarta impulsar matrimonio gay en Ecuador en nuevo mandato
  31. ↑ "Bodas LGBTI en Azuay carecen de valor jurídico" (in Spanish). El Telégrafo. 8 March 2016.
  32. ↑ "This province in Ecuador has just passed 'symbolic gay marriage'". Gay Star News. 6 March 2016.
  33. ↑ "Prefectura de Azuay aprueba matrimonio simbólico GLBTI" (in Spanish). El Universo. 4 March 2016.
  34. ↑ (in Spanish) Primera boda simbólica GLBTI se dio en Azuay
  35. ↑ (in Spanish) El amplio diálogo que plantea Paco Moncayo sobre el matrimonio igualitario
  36. ↑ (in Spanish) Las razones por las que el matrimonio gay fue la "papa caliente" de los candidatos
  37. ↑ (in Spanish) Hoy. La campaña por el matrimonio igualitario arrancó Archived 3 December 2013 at the Wayback Machine.. Retrieved 1 December 2013.
  38. ↑ (in Spanish) El Telégrafo. Lesbianas buscan hoy contraer matrimonio civil. Retrieved 1 December 2013.
  39. ↑ (in Spanish) El Universo. Dos mujeres tramitan su matrimonio. Retrieved 1 December 2013.
  40. ↑ (in Spanish) Hoy. La lucha por el matrimonio civil igualitario continúa Archived 3 December 2013 at the Wayback Machine.. Retrieved 1 December 2013.
  41. ↑ (in Spanish) La Hora. Pamela Troya: ‘Así tenga 80 años me casaré’. Retrieved 1 December 2013.
  42. ↑ (in Spanish) El Comercio. Pamela Troya y Gabriela Correa presentarán una acción de protección. Retrieved 1 December 2013.
  43. ↑ (in Spanish) El Telégrafo. Pareja de lesbianas presenta hoy una acción de protección. Retrieved 1 December 2013.
  44. ↑ (in Spanish) El Universo. Lesbianas critican demora en justicia. Retrieved 1 December 2013.
  45. ↑ (in Spanish) El Comercio. Una segunda pareja homosexual intentará pedir solicitud de matrimonio en el Registro Civil. Retrieved 1 December 2013.
  46. ↑ (in Spanish) El Comercio. Primer matrimonio gay se celebraría mañana en Guayaquil. Retrieved 1 December 2013.
  47. ↑ (in Spanish) La Hora. Matrimonio homosexual: pedido fue receptado ayer. Retrieved 1 December 2013.
  48. ↑ (in Spanish) El Telégrafo. Pareja homosexual presentó solicitud para contraer matrimonio. Retrieved 1 December 2013.
  49. ↑ (in Spanish) El Universo. Pareja de gays pidió turno para casarse en el Registro Civil. Retrieved 1 December 2013.
  50. ↑ (in Spanish) Hoy. Un intento de matrimonio de homosexuales en Guayaquil Archived 3 December 2013 at the Wayback Machine.. Retrieved 1 December 2013.
  51. ↑ (in Spanish) El Comercio. Registro Civil dice que pareja gay no cumple requisitos para casarse. Retrieved 1 December 2013.
  52. ↑ (in Spanish) El Universo. Registro Civil negó matrimonio a gays. Retrieved 1 December 2013.
  53. ↑ "Inter-American Court endorses same-sex marriage". Agence France-Presse. Yahoo7. 9 January 2018. Archived from the original on 9 January 2018. Retrieved 9 January 2018.
  54. ↑ Latin America countries urged to abide by landmark LGBT rights ruling The Washington Blade, 15 January 2018
  55. ↑ Ecuador court rules in favor of marriage equality for same-sex couples, ThinkProgress, 5 July 2018
  56. ↑ In historic move, court rules Ecuador's same-sex marriage ban is illegal, Gay Star News, 4 July 2018
  57. ↑ Boda LGBTI espera sentencia
  58. ↑ Corte de Justicia rechaza matrimonio igualitario
  59. ↑ Religion in Latin America Chapter 5: Social Attitudes
  60. ↑ Religion in Latin America Appendix A: Methodology
  61. ↑ AmericasBarometer: Topical Brief – June 2, 2015
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