El matrimonio igualitario en el Ecuador: avance o retroceso, en cuanto a su regulación

Abstract

According to the article 81 of Ecuadorian Civil Code and article 52 of the Organic Law for the Management of the Identity and Civil Data (LOGIDC), before its reforms in the year 2019, marriage in Ecuador was celebrated only between a man and a woman, a bond that still find guaranteed in the Ecuadorian Constitution of 2008 in its article 67. Of this way, to speak of equal marriage was not possible, due to the common-law union, a figure recognized in the Magna Carta from 2008, guaranteed the union between same-sex couples, as well as, the union between heterosexual couples, what did it generate rejection among LGBTI minority groups. In June 2019, Ecuador welcomed a new concept of marriage, and recognized Equal Marriage through the issuance of two Constitutional sentences, in which contain a strong analysis about the Advisory Opinion OC-24/17 issued by the IDH Court, as the body responsible for the analysis of the American Convention of Human Rights, and which approved marriage between same couples; it is worth mentioning, the analysis of the Ecuadorian internal regulations, that avoided a Constitutional reform in its Article 67. Thus, the struggle of LGBTI minority groups, in relation to the recognition of their right to can access to marriage as any normal couple, today it´s found duly recognized in Article 81 of the Ecuadorian Civil Code like in Article 52 of the Organic Law of Management of the Identity and Civil Data.