Monday, August 1, 2011

US courts can take a lesson here

Colombia court demands marriage equivalent for same-sex couples by 2013
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By Blair Mishleau

Gay Colombians have two years to wait for gay marriage or another similar type of union, after their Constitutional Court ruled that marriage equality should exist.
The court decided on July 26 to give the legislature until June 20, 2013 to create an equivalent to same-sex couples who want to get married. If no decision is made by then, gay couples can go to any notary public or judge to formalize their union, reports the Constitutional Court of Colombia in a release written in Spanish.

The case challenged Article 113 of the Civil Code, defining marriage between a man and a woman. It was brought to the court by Colombia Diversa, the legal aid group DeJusticia and others. It doesn’t appear to guarantee actual marriage for gays and lesbians, but does promise the rights associated with marriage, even if by another name.

Colombian Congress has defeated gay marriage proposals six times, according to Colombia Reports. In congress, the issue remains divisive.

“The constitution is clear in arguing that marriage is between a man and a woman, not same-sex,” Juan Manuel Corzo, the conservative chairman of the Senate said.

“The church is the church, but political decisions and rights are issues that we in politics have an obligation to address,” Rafael Prado, the director of the Liberal Party, said. “We defend those rights and it is clear that same-sex couples should have equal (rights).”

Colombia currently recognizes the equivalent to civil unions, including social health insurance and pension rights.

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