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Same-sex marriage in Colombia


Same-sex marriage is legal in Colombia. A 6-3 ruling of the Constitutional Court of Colombia on 28 April 2016 found that banning same-sex marriage was unconstitutional under the Colombian Constitution. The first same-sex marriage to be performed in the country occurred on 24 May 2016. The country has also recognised same-sex de facto unions since 2007.

Colombia was the fourth country in South America to allow same-sex marriage.

On 7 February 2007, the Constitutional Court of Colombia extended several common-law marriage property and pension rights to same-sex couples. A subsequent court decision, handed down in October 2007, extended social security and health insurance rights to same-sex couples. Next, on 28 January 2009, the Constitutional Court modified 20 laws to give 42 more rights to cohabitating same-sex couples that were previously only granted to heterosexual couples (including nationality, residence permits, testimony when in jury, family-properties laws, etc.). A final ruling took place on 13 April 2011 that extended inheritance rights to same-sex couples.

A couple is regarded as a de facto union after living together for two years. A union can be either registered or unregistered; both have the same status, but the registered union may provide greater convenience when accessing rights. A union can be registered through a public deed before a notary or a judge.

On 26 July 2011, the Constitutional Court ruled by a 9-0 vote that it couldn't change the current definition of marriage as the union of a man and a woman, but also that same-sex couples have the right to form a family and ordered the Colombian Congress to pass legislation addressing this issue (whether by legalizing same-sex marriage or another marriage-like union) within a two years deadline (by June 20, 2013). If such a law is not passed until then, same-sex couples will be automatically able to register their relationship with the same solemnity as heterosexual couples do through marriage.

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, 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. Supporters vowed to revive the legislation.


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