Same-sex marriage has been legal in Ecuador since 8 July 2019, following a ruling from the Constitutional Court of Ecuador that the ban on same-sex marriages was unconstitutional under the Constitution of Ecuador. The court held on 12 June 2019 that the Constitution required the government to license and recognise same-sex marriages. It focused its ruling on an advisory opinion issued by the Inter-American Court of Human Rights in January 2018 that signatories to the American Convention on Human Rights should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". The ruling took effect upon publication in the government gazette on 8 July. Ecuador was the fifth country in South America, after Argentina, Brazil, Uruguay and Colombia, and the 26th in the world to allow same-sex couples to marry nationwide.
Ecuador has also recognized same-sex civil unions since 2008, following inclusion in the new constitution and approval in a general referendum. Adoption by married couples remains restricted to opposite-sex couples.
Civil unions
Passage and referendum Since the early 20th century, opposite-sex civil unions, available after two years of cohabitation, have been granted the same rights as civil marriages. In the late 19th century, the liberal revolution led by Eloy Alfaro established the separation of church and state in Ecuador. 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 debate over the 2008 Ecuadorian Constitution, LGBT organizations campaigned for the inclusion of same-sex civil unions, El Universo. "Los gays nos manejamos como familia" . Retrieved 15 May 2013. El Universo. Uniones homosexuales en el país son un hecho aun sin ley . Retrieved 15 May 2013. which were eventually included in Article 68 of the Constitution, despite protests from the Catholic Church and evangelical groups. Nueva Constitución reconoce unión gay y lésbica Retrieved 15 May 2013. Under the text of the new Constitution, the only difference between same-sex and opposite-sex unions is that adoption by same-sex couples is not permitted; adoption rights are identical for civil unions and civil marriages, but do not extend to same-sex unions.CONSTITUCIÓN DEL ECUADOR 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, alongside South Africa and Fiji. President Rafael Correa said he wanted the document to allow same-sex unions, saying 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. 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." Presidente Correa: Ecuador es un estado laico que debe respetar todas las creencias . Retrieved 15 May 2013.
The Constitution was approved in a referendum by 69% of voters, and was officially recorded on 20 October 2008. Apoyo al matrimonio entre personas del mismo sexo en América Latina . Retrieved 17 January 2013.Ecuador Approves New Constitution Including Same-Sex Civil Unions . Retrieved 17 January 2013.Ecuador's poor bank on referendum . Bbc.co.uk (27 September 2008). Retrieved 17 January 2013. The first same-sex union was recognised in August 2009. Article 68 of the Constitution states:
Although civil unions were legalised in the 2008 Constitution, they were not formally recognized in the government's vital records until 15 September 2014, when the General Directorate of Civil Registry Identification and Certification () began registering them nationwide. Three cities, Quito, Guayaquil and Cuenca, had already begun registering civil unions prior to this. On 21 April 2015, the National Assembly approved a bill codifying same-sex civil unions into statutory law by a vote of 89–1. The bill also removed the requirement to have lived together for two years. President Correa signed it into law on 19 June 2015. The law changed article 222 of the Civil Code to read: The stable and monogamous union between two persons, free of matrimonial bond, of legal age, who form a de facto couple, generates the same rights and obligations as held by families built through marriage and leads to a community property.
Statistics By January 2018, 15,992 civil unions had been registered in Ecuador, of which 3% were to same-sex couples.
Same-sex marriage
Background and summary Under Article 67 of the 2008 Constitution, "marriage is the union between man and woman based on the free consent of the parties and their equal rights, obligations and legal capacity." However, the Constitutional Court ruled that this article was unenforceable and void on 12 June 2019, legalizing same-sex marriage in Ecuador. The court focused its ruling on an advisory opinion issued by the Inter-American Court of Human Rights (IACHR) in January 2018 that signatories to the American Convention on Human Rights should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage".
During a series of interviews with local newspaper El Universo before the 2013 general election, two of the eight presidential candidates expressed their support for same-sex marriage: leftist candidates Alberto Acosta Espinoza from the Plurinational Unity of the Lefts, El Universo. Hablan los Presidenciables: Alberto Acosta . Retrieved 13 February 2013. and Norman Wray from the Ruptura 25 party. El Universo. Hablan los presidenciales: Norman Wray . Retrieved 13 February 2013. President Rafael Correa did not participate in the interviews. El Universo. Hablan los Presidenciables: Rafael Correa . Retrieved 13 February 2013. However, in a 2011 interview for Radio France Internationale, Correa said that he "couldn't accept" same-sex marriage or abortion, although when asked if he would oppose legislation legalizing either of them, he referred only to abortion when saying that he would certainly oppose it. On 17 February 2013, Correa was re-elected by a wide margin. He reiterated his opposition to same-sex marriage on 23 May 2013. Ahead of the 2017 presidential election, Paco Moncayo, candidate for the Democratic Left, called for a national debate on the legalisation of same-sex marriage. The election was won by Lenín Moreno, candidate for the PAIS Alliance, whose position on same-sex marriage was unknown, as he had refused to answer questions on the issue from activist Pamela Troya.
On 4 March 2016, the Azuay Provincial Chamber, with support from the provincial government, unanimously approved an ordinance allowing symbolic same-sex marriages in Azuay. The ordinance allowed same-sex couples to register their marriages with the provincial civil registry, but the marriages were only symbolic with no legal effect. The first symbolic marriage was held in late June 2016 in Cuenca.
Early campaigning and first lawsuits
On 5 August 2013, LGBT groups launched a nationwide campaign under the name "Equal Civil Marriage" (), with the goals of raising support for the legalization of same-sex marriage. Hoy. La campaña por el matrimonio igualitario arrancó . Retrieved 1 December 2013. A marriage petition was launched by activist Pamela Troya and her partner at the civil registry office in Quito. El Telégrafo. Lesbianas buscan hoy contraer matrimonio civil . Retrieved 1 December 2013. El Universo. Dos mujeres tramitan su matrimonio . Retrieved 1 December 2013. The petition was rejected days later, citing the Constitution and the Civil Code. The couple announced on 8 August that they would file a lawsuit asking a judge to order the civil registry to marry them. Hoy. La lucha por el matrimonio civil igualitario continúa . Retrieved 1 December 2013. La Hora. Pamela Troya: ‘Así tenga 80 años me casaré’ . Retrieved 1 December 2013. El Comercio. Pamela Troya y Gabriela Correa presentarán una acción de protección . Retrieved 1 December 2013. The lawsuit was filed on 13 August 2013, El Telégrafo. Pareja de lesbianas presenta hoy una acción de protección . Retrieved 1 December 2013. El Universo. Lesbianas critican demora en justicia . Retrieved 1 December 2013. for review by the Constitutional Court, and focused heavily on the Inter-American Court of Human Rights' decision in Atala Riffo and Daughters v. Chile, which held that sexual orientation is a suspect classification.
On 26 August 2013, another couple applied to marry at the civil registry office in Guayaquil. El Comercio. Una segunda pareja homosexual intentará pedir solicitud de matrimonio en el Registro Civil . Retrieved 1 December 2013. The couple, Santiago Vinces and Fernando Saltos, marched through the city to the civil registry office with a convoy of activists and supporters. El Comercio. Primer matrimonio gay se celebraría mañana en Guayaquil . Retrieved 1 December 2013. La Hora. Matrimonio homosexual: pedido fue receptado ayer . Retrieved 1 December 2013. El Telégrafo. Pareja homosexual presentó solicitud para contraer matrimonio . Retrieved 1 December 2013. El Universo. Pareja de gays pidió turno para casarse en el Registro Civil . Retrieved 1 December 2013. Hoy. Un intento de matrimonio de homosexuales en Guayaquil . Retrieved 1 December 2013. Their marriage petition was denied three days later, citing the same reasons given to the first couple. El Comercio. Registro Civil dice que pareja gay no cumple requisitos para casarse . Retrieved 1 December 2013. El Universo. Registro Civil negó matrimonio a gays . Retrieved 1 December 2013. In June 2014, a third couple appeared at the civil registry office in Machala, but were similarly rejected a few days later. That same month, Pamela Troya and her partner filed a legal challenge at the Constitutional Court, appealing previous judgments from lower courts that had upheld the registry's refusal to marry them. This petition was accepted for oral arguments in December 2014; however, the case stalled for the following years and made no progress.
On 9 January 2018, the Inter-American Court of Human Rights issued an advisory opinion that parties to the American Convention on Human Rights should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". The advisory opinion states that:
Ecuador ratified the American Convention on Human Rights on 28 December 1977 and recognized the court's jurisdiction on 4 July 1984. LGBT activists urged the government to abide by the advisory opinion,Latin America countries urged to abide by landmark LGBT rights ruling The Washington Blade, 15 January 2018 believing that Ecuador is required to recognise same-sex marriages under Article 417 of the Constitution:
Constitutional Court ruling