Recognition of same-sex unions in Ecuador

De facto unions for same-sex couples were legalized by the approval of the 2008 Constitution of Ecuador including all the rights of marriage except for joint adoption. The first reported de facto union was recognised in August 2009.

Since early in the 20th century, heterosexual civil unions (requiring two years of living together) have enjoyed the same rights as civil marriage. In the late 19th century, the liberal revolution led by Eloy Alfaro established a clear separation between state and church. Since the consolidation of this separation in the first decades of the 20th century, only civil marriage or unions have been recognized by the state.

During the debate over the 2008 Ecuadorian new constitution, LGBT organizations campaigned for the inclusion of same-sex unions in it. Civil unions for same-sex couples were included in Article 68 of the final draft of the constitution, even after big protests made by the Catholic Church and evangelical groups. Under the text of the new constitution, the only significant difference between homosexual and heterosexual unions was that adoptions by same-sex couples were not recognized. Adoption rights were the same for heterosexual civil unions as for civil marriages, but did not extend to same-sex unions. Protection against discrimination based on sexual orientation had already been introduced in the 1998 constitution, Ecuador being among the first three countries in the world to adopt such a constitutional protection.

Ecuador's leftist president, Rafael Correa, openly stated at the time that he wanted the document to allow same-sex unions. "Let's be clear that the profoundly humanistic position of this government is to respect the intrinsic dignity of everyone, of every human being, independently of their creed, race, sexual preference," Correa said. "We will give certain guarantees to stable gay couples but matrimony will continue being reserved for a man, a woman and the family." "Every person has dignity, that's to say, one must respect a person independently of their sexual preference. Be careful not to deny employment to someone because of their sexual preference. That is discrimination, that is unconstitutional."

The Constitution passed the referendum by 69.46% of approval. It is officially recorded as of 21 October 2008.

In Spanish: Art. 68.- "La unión estable y monogámica entre dos personas libres de vínculo matrimonial que formen un hogar de hecho, por el lapso y bajo las condiciones y circunstancias que señale la ley, generará los mismos derechos y obligaciones que tienen las familias constituidas mediante matrimonio. La adopción corresponderá sólo a parejas de distinto sexo."

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Wikipedia