Recognition of same-sex unions in Ecuador
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Same-sex marriages are currently illegal in Ecuador. However, since approval of the new constitution [1] and the principle thereof, Ecuador will legalize civil unions with the same rights as marriages. A law precising the conditions for them is still needed.
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[edit] Background
Ecuadorians are currently rewriting their constitution.[2] Article 68 of the Proposed constitution would establish civil unions, while banning same sex marriage, and same sex parent adoptions.
Dr. Medardo Mora, president of the Commission of Jurists of the National Council of Superior Education, has explicitly stated that abortion would become legal citing the need for the separation of church and state, something already granted under the previous Constitution. As reported in the Ecuadorian newspaper El Comercio, Julio César Trujillo, another member of the Commission stated his support for same-sex marriage. "Regarding unions between people, he said that the current constitution is very general and somewhat restrictive, because regarding legal unions it only speaks of free men and women."
Ecuador's new leftist president, Rafael Correa, has openly stated that he wants the document to allow homosexual unions. "There should be a certain level of security" for homosexual unions, he told the press recently, "but without going as far as marriage." He also stated his support for allowing homosexuals in the military, saying that "all discrimination should be eliminated."
"Every person has dignity, in other words, one must respect a person independently of their sexual preference," Correa stated. "Be careful on denying employment to someone based on their sexual preference, this is discrimination, that is unconstitutional."
"Let it be clear that the profoundly humanistic position of this government is to respect the intrinsic dignity of everyone, of every human being, independent of their creed, race, sexual preference, and that [the government] will seek to grant certain guarantees to stable same-sex unions, but without ever arriving at the point of marriage."
"Now, if one dies, the other cannot inherit anything, for this reason we will give certain guarantees to the stable gay couples, but matrimony will continue to be reserved for a man, a woman and the family."
The country had to vote on the new constitution September 28, 2008.
[edit] Referendum and enforcement
The Constitution passed the referendum by 70 % of approval. It is officially recorded as of October 21, 2008. [1]
[edit] Text of article 68 of Ecuador Constitution
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."
that is :
"The stable and monogamous union between two persons, free of matrimonial bond, who form a de facto couple, since the time and under the conditions and circumstancies that the law provides, will generate the same rights and obligations that families, build through the marriage, are holding. The adoption will only correspond to couples of different sexes."
[edit] Future developments
The principle of civil unions is voted and officialy in force by the Constitution. But a law is still needed to implement civil unions by precising the conditions.
Still to come, as of November 30, 2008.