Colombia's Constitutional Court gives homosexual couples the same proprietary rights of hetero
In Colombia the Constitutional Court pronounced a sentence designed to cause
a real turn in society: homosexual couples share the same proprietary rights of
hetero. It is enough to have two years of cohabitation and then it's done.
A decision, in a Catholic country like Colombia, that induced a severe reaction
in the Church, through the words of the Colombian Episcopal Conference President,
Monsignor Luis Castro Quiroga: “I am very surprised”, he commented, because according
to the prelate this issue should have been discussed democratically in the Parliament,
where it is possible to listen to different views and therefore find mediations
and reach compromises.
Therefore with eight positive votes and one against the Court has literally
crossed off the words “man” and “woman” from two articles of a 1990 law acknowledging
The Court intervened in the matter after a recourse presented by the NGO Colombia
Diversa invited by the Law Faculty of the Andean University, which believed those
articles to be unconstitutional. So far, in fact, in the event of death of one
of the two homosexual cohabitants the assets were inherited by the family of origin,
so that many couples devised the guile to set up commercial societies to control
Satisfaction for the Marcheka Sanchez, responsible of Colombia Diversa, who
defined the resolution “a big leap forward in favour of the unmarried gay couples,
despite it arrives with seventeen years late with respect to the heterosexual
It is apparent that this sentence is not equivalent to acknowledge same-sex marriage,
but the road is now downhill. And the Church is becoming so aware of that, that
the CEC president, Fabian Marulanda Lopez, repeatedly clarified that “a sentence
concerning property and social security of these couples is understandable”, as
long as these choices “are not pursued through a kind of disguised marriage”.
According to the bishop, the really worrying issue in this situation is represented
by the deep motives: “It seems that the aim is a new form of marriage that does
not make any sense. This is unacceptable, because on the long run it strikes the
family, that is the basic cell in society”.
Fabian Marulanda Lopez restated that homosexuals “must enjoy the same rights
as any other citizen in this country”, but he hopes “in the sensibleness of magistrates”
so that these measures do not go against the natural marriage, founded on the
union between man and woman. “I hope – the CEC secretary clarified – that the
family rights will continue to be respected and that this law will not lead homosexual
couples to claim a right for under-age adoptions”.
Also beyond the ocean.
The full acknowledgement of the homosexual family has been for long a matter
of heated political debate. The Parliament is examining a bill that, besides property
rights for gay couples, establishes that their members can enjoy social security.
The bill has been approved by the Senate and is being discussed by the Chamber
where, according to a survey by the newspaper “El Tiempo”, it should not meet
But the first step forward in the acknowledgement of minorities rights by the
Colombian society happened last December, when for the first time in the history
of Colombia the transsexual William Navarro, or, better, Diana Navarro, has been
elected member of the National Directorate of the Alternative Democratic Centre,
one of the most important left-wing parties in Colombia.
Who knows, maybe machismo and homophobia are making for the sunset, despite the
handbrake the Catholic Church is trying to pull also beyond the ocean.