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Colombia Legalizes Same-sex Marriage
(Blogmensgo, gay blog of May 2, 2016) On April 28, 2016, the constitutional court of Colombia confirmed that marriage between two persons of the same sex is not unconstitutional. The decision was taken with the absolute majority of six out of nine judges.
The highest court believes that the institution of marriage has to be applicable in the same way to all couples. In other words this means that each person has the right to found a family.
The constitutional court, presided by judge María Victoria Calle Correa, accepted the written opinion of judge Alberto Rojas Ríos (see our article).
This decision is final and will become applicable law after one month, i. e. on May 29, 2016.
Couples in registered partnerships may have their partnership transferred into marriage automatically. Judge Rojas estimates about 70 couples. Other couples may get married after the usual banns of marriage.
Consequently, judges, notaries and registrars may soon marry gay and lesbian couples just like heterosexual ones. Before, they used to have a rather large latitude of judgment to marry same-sex couples or not.
In 2015, the constitutional court had already validated a very liberal right of adoption for same-sex couples, which even allowed adoption of children who did not have any biological link with the adoptive parents.
After Argentina, Brazil and Uruguay, Colombia has become the fourth South American country to legalize gay marriage. The Colombian government had even campaigned for same-sex marriage before this decision.