Colombian Supreme Court diverts marriage decision to legislature

Timothy Kincaid

July 27th, 2011

CNN

The issue of marriage for same-sex couples is a legislative matter that must be taken up in Colombia’s Congress, the nation’s Constitutional Court ruled in a move that activists saw as a victory, though the outcome remains to be seen.

The court did rule on Tuesday that gay couples in de facto unions constitute a family. Gay-rights supporters celebrated the ruling in the streets.

The court gave the Congress two years to legislate the status of same-sex marriages. If the deadline passes with no legislation, then same-sex couples will be able to formalize their unions before a notary public, the court said.

I’m not certain exactly what was decided Tuesday as the court had granted recognition of common-law marriages in 2009.

Lucrece

July 27th, 2011

It recognized the rights of the marriages, but shrugged to the legislature the responsibility of respecting those rights.

Now they’ve basically moved to threaten that since the inequalities have not been solved, the legislature now has an ultimatum to simply integrate gays and lesbians into the definition of a matrimony.

In Latin America the language is a little bit more muddied than in the U.S. In some regions civil unions (for everyone) is what’s recognized, but marriage is the church/social ceremony. In other regions there are different recognitions for relationships both heterosexual and homosexual, with varying degrees of responsibilities.

Common law marriages were not the same as the standard marriages most couples get into. The arrangements, benefits, criteria, and responsibilities are different.

The standard marriage is more widely recognized and standardized around the country as a whole, and as such this ruling has the significance of now removing regional autonomy given local failure to treat people equally.

This ruling inducts gay people into the definition of a Colombian family. Not an alternative arrangement deserving equal dignity, but actually rejecting any idea that the superficial differences constitute any acceptable point of contention in terms of social interaction.

James

July 29th, 2011

Yes, in line with Lucrece, I actually think that the Colombian Constitutional Court’s decision was a fairly savvy one. In fact they decreed that within two years Colombian gay and lesbian couples who wish to be married will in fact be able to be married.

Meanwhile they put the ball into the court of the largely conservative legislature to work out for themselves if they want to spend time and energy coming up with an alternative name for something that must in fact treat those couples in exactly the same way as married couples (the only outstanding matter of possible difference is that of adoption by a couple, and the court will pronounce on that soon).

Please notice that this means that they leave the legislature no option but to come up with something that is either marriage, or very strictly analogous to marriage. This means that ANY form of legislation in the area, will push conservative Catholic legislators into a positive involvement with positions which the official line from the Vatican prohibits. Even a refusal of any legislation at all will simply mean tacit consent to full civil marriage.

Savvy move by the court: they’ve set fixed parameters, and obliged the politicians to get involved, whether actively or passively, so that no one can claim that the issue was resolved by judicial fiat. Thus they have forced conservative politicians and their constituencies to be complicit in the outcome of public debate concerning the issue, which will surely help socialize the reality of the inevitable resulting marriages.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.