Colombia

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  • Same-sex couples have had the freedom to marry since May 2016, a month after the country’s Constitutional Court issued a ruling in favor of the freedom to marry on April 28, 2016. The Court ruled that banning same-sex marriage was unconstitutional under the Colombian Constitution of 1991 (decision here). 

    A landmark case on the victory for humans rights of same-sex couples was Duque v. Colombia, which involved a petitioner who alleged that he was denied the right to a survivor’s pension due to his sexual orientation. The Inter-American Commission on Human Rights (“IACHR”) submitted the case to the Constitutional Court’s jurisdiction on October 14, 2014 after Colombia failed to comply with its merits report recommendations (here).  

    On September 26, 2016 the IACtHR held that Colombia had violated the petitioner’s right to equality and non-discrimination as provided for in the American Convention on Human Rights (full decision here and a summary here).


    Amicus Briefs from Colombia


    Amicus Curiae Brief of the American Sociological Association

    In this brief the American Sociological Association addresses arguments that are frequently asserted by opponents of marriage rights for same-sex couples related to the wellbeing of children.

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    The Williams Institute Amicus Brief to the Constitutional Court of Colombia

    The Williams Institute submitted a brief to the Constitutional Court of Colombia explaining how parenting by lesbians, gay men, and bisexual men and women (LGB) has grown more visible internationally over the past few decades.

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    Court Rulings from Colombia


    Ruling on Civil Marriage from Constitutional Court of Colombia

    Same-sex couples have had the freedom to marry since May 2016, a month after the country’s Constitutional Court issued a ruling in favor of the freedom to marry on April 28, 2016. The Court ruled that banning same-sex marriage was unconstitutional under the Colombian Constitution of 1991.

    Learn More Download PDF