The Marriage in Ecuador: From the Perspective of the Constitutional Court

Abstract

Throughout history, marriage has been perceived as a solemn, contractual institution deeply rooted in the doctrine of the Catholic Church. This union between a man and a woman, recognized and validated by most legal systems in the world, requires compliance with certain formal criteria. However, with the growing diversity in society, which breaks away from the binary schema, questions arise about the possibility and legitimacy of other forms of marriage, particularly, same-sex marriage. This work examines this questioning through the lens of constitutional jurisprudence, analyzing how marriage could adapt, deform, or be rejected when contemplating union between people of the same sex. The rulings N° 10-18-CN/19 and N° 11-18-CN of the year 2019 by the Constitutional Court of Ecuador, which explore the social and legal implications of same-sex marriage, are analyzed. In these judgments, the Court acknowledges the solemnity of the marital contract, but challenges this structure with the argument of human rights. This perspective highlights the human right to the freedom to marry, guaranteed by the constitutional mandate and public institutions. It assures that we are all equal before the law, and this equality implies understanding and accepting our differences.