Recognition of gay unions in Colombia

Colombia has no laws providing for either civil unions or same-sex marriage. However, on February 7, 2007, the Constitutional Court of Colombia did extend common-law marriage some property and inheritance rights to same-sex couples.^{[1] [2]} A subsequent court decision, handed down in October 2007, extended social security and health insurance rights to same-sex couples.^[3] Couples can claim these rights after living together (cohabitating) for two years.^[4]

This marks the first time that gay couples have been recognized under Colombian law, departing from its conservative past. Despite supporting the ruling, the Roman Catholic Church sees it as a possible path toward the legalisation of same-sex marriage.^[5]

On 15 June 2007, the lower house of the Congress of Colombia approved a historic same-sex couples bill by a vote of 62-43,^[6] and President Uribe was expected to sign the measure, which had been approved by the Colombian Senate in April. However, on June 19, a group of conservative senators broke party discipline in what is usually a routine vote on the final form of a bill and defeated the measure by 34-29 in the 102-member Senate. About 80 LGBT-rights advocates held a demonstration outside Congress the following day, protesting the bill's defeat.^[7] Supporters vowed to revive the legislation.

The bill, which had been endorsed by conservative President Alvaro Uribe,^[8] would have made Colombia the first nation in Latin America to grant gay couples in long-term relationships the same rights to health insurance, inheritance and social security as heterosexual couples. Although a few South American states and cities have passed laws allowing gay couples to share assets, no other country in the overwhelmingly Roman Catholic region has done so at a national level.

According to a report on 365gay.com, "Under the legislation same-sex couples would have to register as partners. They would have to have lived together for more than two years and be of legal age. In return they will receive the same social security and inheritance rights as married couples. Supporters of the bill had tried four times since 1999 to pass the legislation, but each time it failed after opposition from the Roman Catholic Church."^[9]

According to a report in the Washington Post,^[6] "Bogota has a thriving gay neighborhood, bars whose patrons are openly gay and a center that provides counseling and legal advice to members of the gay community. Local politicians, among them Mayor Luis Eduardo Garzón and prominent members of Congress such as Senator Armando Benedetti, have supported the drive to give more rights to gay couples . . . but violence against gays is not uncommon and discrimination remains a recurring problem."

As Elizabeth Castillo, a lawyer and gay rights advocate, has stated, "even with the new law, many partners in gay relationships would probably be denied health and other benefits. . . . It's possible things won't change for some people," even if the law on same-sex couples' rights were to be enacted.^[6]

See also

• Gay rights in Colombia

References

1. ^ (Spanish)EL TIEMPO - Corte da primer derecho a parejas gays
2. ^ "Rights for Colombia gay couples", BBC News, 2007-02-08. Retrieved on 2007-07-30. 
3. ^ Colombian court rules in favour of equal rights for gay couples, Pink News, 6 October 2007
4. ^ Top Colombian court affirms gay couples' right to joint health plans, International Herald Tribune
5. ^ kansascity.com
6. ^ ^{a b c} Forero, Juan. "Colombia to Recognize Gay Unions With Extension of Health, Other Benefits", washingtonpost.com, The Washington Post, 2007-07-16. Retrieved on 2007-07-30. 
7. ^ Goodman, Joshua. "Colombia Conservatives Derail Same-Sex Couples Bill", The Christian Post, 2007-07-21. Retrieved on 2007-07-30. 
8. ^ Ceaser, Mike. "Gay rights grow in Colombia", sfgate.com, The San Francisco Chronicle, 2007-04-26. Retrieved on 2007-07-30. 
9. ^ 365gay.com "Colombia Gives Gay Couples Same Rights As Marriage," 365gay.com

Civil unions in South America
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