Equal Marriage, For Or Against

Equal marriage, for or against

Introduction

Equal marriage is social growth or corruption to human nature? Marriage is the union of two people established in order to maintain a community among these. Similarly, this is a social institution that enjoys legal recognition, which implies for the couple certain rights and duties of a patrimonial and domestic nature. The constitution of marriage has a fundamental sense. Despite the social evolution that has been made in this century, of the great changes that have been achieved in favor of the LGBTQ+community (lesbians, gays, bisexuals, transgender, transvestite, transsexual, intergenero, queer, among many others).

Developing

This issue is very controversial worldwide but especially in Colombia, since the population of this country is mostly composed of people belonging to the Catholic religion, who are only in favor of the traditional family model. Legal pronouncements have been made by the Constitutional Court in order for people belonging to this community to make uses of their rights like any other of their compatriots, since for a long time they were violated and even today, they are part of a social minority, which like others suffer from discrimination and inequality.

Although, throughout the last years there has been an improvement for the life of the community, there is still a long way to go, but when equal marriage is recognized as a civil contract, it emphasizes, in which other aspects equally important take place in society.

Colombia belongs to multiple organizations and has signed multiple treaties or pacts for human and fundamental rights, which support these actions, which seek to make this a more inclusive country. There is a debate in Colombia on equal marriage, the population is very divided, many people disagree with equal marriage.

Therefore, they ask that the sentences or manifestos expressed by the Constitutional Court be removed from Colombian jurisprudence; And on the other hand, there is the large group of people who are in favor of equal marriage, and they agree with the measures taken by the Court in addition to want to continue taking measures, progressing on this issue. I particularly think that, all people, without exceptions, have the same human rights, therefore, same -sex marriage should be maintained legal in Colombia. First, equal marriage should be maintained in Colombia.

Since the Constitutional Court remains in favor of it; Thus, people belonging to the LGBT+ community should enjoy the possibility of having a legally constituted marriage. Same sex couples justify the desire to carry out the marriage contract with their primary right to freedom. Same sex marriage is part of the new reality, not only in Colombia, but also in much of the world. The Court has manifested, on different occasions in favor of same -sex couples, they can formalize their families. The importance of the Constitutional Court is in favor of equal marriage.

It lies in the fact that being the judicial entity responsible for ensuring the integrity and democracy of the Constitution, where the rights and duties of each citizen with Colombian nationality are established, it is established that its pronouncements and sentences are law, where it seeks to expand the Interpretation of written norms seeking that there are not so many legal lagoons. Laws must protect all citizens of this country including people of social minorities that seek that the Colombian Civil Code and Political Constitution protect their most basic rights.

At the beginning of 2009, the Constitutional Court with the presentation of Judge Rodrigo Escobar Gil, decided the modification of 42 rules included in approximately 20 laws, in order to achieve equity between heterosexual and homosexual couples, … on the other hand, with the ruling Of protection T-716 of 2011, the Constitutional Court determined for the first time, clearly and taxatively, that ‹same-sex couples are family›. This is because "the sexual condition is not an aspect that defines the family institution". This action by Colombian jurisprudence was a good step for the beginning of changes.

Allowing couples of the LGBTQ+ community to be recognized as a legally constituted marriage, it also leads them to be active members in society. The recognition of civil marriage to same -sex couples, does not constitute an easy task, there are people who are against and favor these changes, generating debate or controversy between people in the town and public officials themselves. Therefore, the hearings held by the Court are so important that aim to publicize the constitutional problems that are a bridge for the social inequality of this minority. Therefore, they must be taken into account.

The Constitutional Court with Judgment C-577 of 2011 and the other Milestone sentences, in relation to the rights of same-sex couples, has taken a positive attitude due to its acceptance to these unions as a family and with it the influx of rights basic to enjoy the exercise of the free sexual option that logically implies enjoying a sentimental relationship that contains all the constitutional and legal guarantees of a heterosexual couple. Due to this judgment, many civil marriages between same -sex have already been carried out, but on the other hand, many of these have been annulled, or in an even more serious case, they have not even taken into consideration. 

What demonstrates, that although there are already decrees or laws that support the cause, there are potholes on the way for these couples who want to carry out their marriage union. Secondly, in Colombia the legality of equal marriage goes hand in hand with the primary right to freely choose its marital status, therefore, everyone should be allowed to use this right. The inclusion of homoparental families in the Colombian context, is possible, is part of the professional, legal and social interest, where this kind of couples are allowed to be part of the social system in addition to having the social socio -legal institution known as family. 

Maintain homosexual marriage as a possibility in Colombia, runs all government organizations, not only to the Constitutional Court. The latter is the one that has spoken about it, and little by little he has opened the way for this new couples. "The marital union of fact and patrimonial rights". In February 2007, the Constitutional Court took a very significant step by pointing out that the "de facto marital union" sentenced by Law 54 of 1990 for men and women, must also be applied to homosexual couples. At that time, the Court specified that the absence of protection in the patrimonial field.

For the homosexual couple, it is harmful to the dignity of the human person, it is contrary to the right to the free development of personality and entails a form of discrimination banned by the Constitution. The great part of the different groups that make up a society, either by race, religion, or ideologies, have had something in common, contempt for people from the LGBTQ+community, acting homophobically. But, Colombia is a country that has been wanting to resume peace for some time, not only must be achieved in the "battlefields" but also, in the mentalities of citizens, therefore, once and for all, all Colombians They must recognize and accept people who are different.

No distinctions of any kind. There are many people who use as an argument the lack of accuracy of the Political Constitution of the country, which is the greatest authority in the country law, so that equal marital marital unions are accepted more quickly. Because in many of the fundamental articles for this issue, it is not denied that there cannot be this union between people of the same sex. If we analyze in some of its parts article 42 of the Colombian Political Constitution, this article never mentions or prohibits that it can be made between a man and another man and/or a woman and another woman.

Which leads us to think that this article of the Constitution was also written that only mentions it as a decision between a man and a woman, but does not prohibit the one between same -sex couples. Now, the legal pronouncements of Judgment C-577 of 2011, have approached a lot to what the LGTBI community wants. Legally in the country we are on a very good road, since, we have been able to observe positive changes for the community, in addition to demonstrating that, although with slow steps, Colombia is integrating the inclusive countries, which aimed that the people of Society can live in peace, without discrimination and inequality.

Finally, equal marriage is a matter of much controversy, there are many people who do not consider it morally correct due to religion but the legality of this does not bring greater consequences for anyone. Due to the religious conservative groups, and to the participants of this that are immersed in the government organs, they have remained delimited in this regard. The Civil Code continues with the explicit exclusion, establishing in article 113 that marriage is a solemn contract between a “man and a woman”, an expression of which the Constitutional Court was declared in the ineptitude of the claim, according to the already Cited Judgment C-577 of 2011. 

Law 054 of 1990 by which the in fact marital unions and patrimonial regime are defined. In Colombia, despite constitutional and international postulates on non -discrimination and the right to family, there is no rule to protect the same -sex couples as a family. As Colombia has previously mentioned, it has taken steps in the right sense, but even, jurisprudence must take the issue of equal marriage more seriously and efficiently because we find failures and legal gaps that do not end up covering the rights of people with sexual preferences different.

Therefore, it does not protect them in addition to being able to consider discrimination and racism. Similarly, in Colombia it has been seen that the people of the same who want to legalize their marriage in the relevant offices do not use the same contract as heterosexual couples, since, controversy can be seen around this issue for the opposition of many groups trying to maintain what they consider as the correct form of family. Despite the recognition of the Constitutional Court that every couple of same -sex persons have the constitutional right to constitute a family through a contractual act of a marital, solemn and formal nature.

The current controversy revolves around the rupture with the tradition of civil law of family law. Colombian notaries have legalized 20 unions between same -sex couples, since June 20, 2013, but in no case has been used, nor will it be used, the word marriage. In fact, 10 requests in that regard were rejected by notaries, whose guild remains firm to use, for this procedure, its solemn contractual union format ". Religious conservatives, or people who do not agree with the changes made in the country, which aim to make that same much more inclusive.

Are the triggers to which this process cannot take the course that is desired. All people, without exceptions, have the same human rights, therefore, same -sex marriage should be maintained legal in Colombia, for this moment in history the consitional court is in favor of this procedure, it also protects the rights fundamental of these people. It can be a very controversial issue, but necessary for people to accept it, this is only one of the steps that can make this country a more inclusive place, open to change and above all better.

References

Castro, r., Rodríguez, m., And Gomez, S. Is it legally viable to recognize the union of same -sex couples as marriage in Colombia? (Master’s Thesis). Universidad La Gran Colombia, Bogotá.

Romero, o. The LGBTI community in Colombia: a socio -legal study on the reality of marriage (master’s thesis). Catholic University of Colombia, Bogotá.

Visbal, d. and Gonzales, and. Marriage between couples of the same sex and other rights in Colombia from the Political Constitution of 1991. (Master’s Thesis). Pereira Libre Universidad Pereira.