English

C-075-2007 The Court recognized that same sex couples had the rigth to form a common law marriage. The equality rigths of same sex couples.

 

The Court stated that the prohibition of discrimination due to sexual orientation is based on international standards that are part of the constitutionality block and that generally prohibit all forms of discrimination. The constitutional jurisprudence in this matter has been developed in a line of conformity with which (i) according to the Constitution, all forms of discrimination based on sexual orientation are prohibited; (ii) there are differences between heterosexual couples and homosexual couples, which is why there is no constitutional imperative to give equal treatment to each other; (iii) it is up to the legislator to define the measures necessary to meet the protection requirements of the different social groups and to gradually advance in the protection of those in a situation of marginalization and (iv) any difference in treatment between persons or groups that can be assimilated. It is only constitutionally admissible if it obeys a principle of sufficient reason. The lack of protection for the homosexual couple is contrary to the dignity of the human person and is also contrary to the free development of the personality. It is a form of discrimination proscribed by the Constitution.