Ecuador’s highest court has legalised same-sex marriage

In a landmark case Ecuador's highest court has authorised same-sex marriage.

Javier Benalcazar, left, and his partner Efrain Soria kiss as they arrive to to know the final decision of the Constitutional Court.

Javier Benalcazar, left, and his partner Efrain Soria kiss as they arrive to to know the final decision of the Constitutional Court. Source: AP

Ecuador's highest court has authorised same-sex marriage in a landmark case seeking to expand LGBT rights in the small South American nation.

The decision by the Constitutional Court on Wednesday came after a lengthy legal battle waged by several couples and gay rights advocates.

With the 5-to-4 ruling, Ecuador joins a handful of Latin American nations - Argentina, Brazil, Costa Rica, Colombia and Uruguay - that have legalised same-sex marriage either through judicial rulings, or less frequently, legislative action.
People celebrate outside the court in Quito, Ecuador, after judges ruled in favour of gay marriage.
People celebrate outside the court in Quito, Ecuador, after judges ruled in favour of gay marriage. Source: AP
Plaintiff Efrain Soria told The Associated Press that he would immediately begin planning a wedding with his partner, Xavier Benalcazar, whom he met years ago and has been in a civil union since 2012.

"I want to say hello to Javier, who is in Guayaquil. Honey, I love you," Mr Soria told reporters in the capital Quito.

He urged other LGBTQI+ people to stop hiding and "enjoy the happiness that comes from being equal, like anyone else."

Same-sex unions have been legal in Ecuador for a decade but civil partners enjoy fewer rights than married couples when it comes to inheritance and estate laws.

In the ruling, the justices instructed congress to pass legislation ensuring equal treatment for all under the country's marriage law.

The ruling is "a joy for our entire community and Ecuador," said Soria, who is also president of the Ecuadorian Equality Foundation, an LGBT rights group.

A decision by the Inter-American Court on Human Rights affirming that countries should allow same-sex couples the right to marry paved the way for the case.
Activists celebrate the decision.
Activists celebrate the decision. Source: AP
"It means that Ecuador is more egalitarian," said lawyer Christian Paula of the Patka Foundation, which provides legal advice for around 10 same-sex couples seeking to marry in the country.

"It recognises that human rights must be for all people without discrimination."
Ecuador has recognised de facto civil unions for same-sex couples since 2015 - but marriage is defined as a union between a man and a woman under the constitution.

The charter, ratified in 2008, also bars same-sex couples from adopting children.


Share
2 min read

Published

Updated

Source: AFP, SBS


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world
Ecuador’s highest court has legalised same-sex marriage | SBS News