By Patrick Vanderpool
Impunity Watch Reporter, South America

 BOGOTA, Colombia – Colombia’s high court ruled against a lawsuit which would have legalized same-sex marriage in the country by a vote of 5-4.

The lawsuit, which was filed in September 2009, sought to alter the definition in Colombia’s civil code which defines marriage as “a solemn contract through which a man and a woman unite.” 

Felipe Montoya, one of the lawyers who filed the suit, wanted judges to eliminate the phrase “man and woman” from the code, in order to open up the possibility of a same-sex marriage.  The court ruled that the lawsuit was “flawed” and presented in an “irregular manner.”  

Judge Mauricio Gonzalez Cuervo, president of Colombia’s Constitutional Court, said that “nothing is final, and it is possible to insist on civil marriage for same sex couples in front of the court, but with more detailed arguments because this article will play a vital role within Colombia’s constitution.”

The lesbian, gay, bisexual and transgender (LGBT) community is rallying against the Court’s decision, calling it “unconstitutional” and vowing to seek legislation to ensure equality if the Court fails them.  Marcela Sanchez, director of Colombia Diversa, a Colombian organization which represents the interests of the LGBT community, asserts that, as a result of the Court’s actions, “[Colombia] will lose a unique opportunity to achieve a true concept of equality.”

In addition to Colombia Diversa’s criticisms, gay rights advocates in Colombia planned to protest the Court’s ruling on Friday with demonstrations in Colombia’s capital.

In July, Argentina became the first Latin American country to legalize same-sex marriage after legislators passed a bill giving same-sex couples equal marriage rights.  While the attorney’s likely viewed Argentina’s actions as a broader, more progressive attitude toward the issue, Colombia’s Constitutional Court did not sway from their traditional view.

For more information, please see:

CNN – Colombia gay rights groups protest after court’s gay marriage decision – 12 November 2010

Colombia Reports – Court Blocks Gay Marriage – 12 November 2010

Queerty.com – Did Colombia’s Constitutional Court Turn Down The Gay Marriage Lawsuit Because It Was Too Weak? – 12 November 2010