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Court instructs Assembly and judges to begin implementation of gay marriage rights

The president of Ecuador’s Constitutional Court has instructed the National Assembly to begin the implementation of last week’s ruling recognizing gay marriage. He also advised the country’s lower court judges to put human rights above religious doctrine when ruling on cases involving gay rights.

Constitutional Court President Hernán Salgado

“In our decision allowing all people the right to marriage, including those of the same sex, we are putting the concept of tolerance and recognition of human rights above all else,” Hernán Salgado said in a weekend press conference. “We expect the court’s decision to be upheld throughout the country by all legislative and judicial authorities.”

On Wednesday, five of the nine Constitutional Court judges approved the legalization of gay marriage. The court adopted the language of Inter-American Court of Human Rights, which recognizes marriage between same sex couples.

The ruling was based on a Quito case in which a gay couple, Efraín Soria, and Javier Benalcázar, were denied a marriage certificate by the civil registry office. “In this case, we found that the decision was based on religious beliefs and did not have legal grounding,” Salgado said. “When religion is in conflict with the law, it must be set aside.”

In addition to the case of Soria, and Benalcázar, last week’s ruling also orders the civil registry to recognize 14 other marriages that had been denied as well as future requests.

In his comments, Salgado said that it is possible that the Constitutional Court ruling could be overturned by a popular referendum but cautioned that its wording must protect human rights. If a referendum is proposed, the court is required to authorize it.

61 thoughts on “Court instructs Assembly and judges to begin implementation of gay marriage rights

  1. ProudAmerican. The USA is the ONLY “developed” country where people with your scary views exist in large numbers. Extremists everywhere, always seem to have a compulsion to force people to leave their beliefs and adhere to your style..irregardless of whether they affect your life or not. Certainly nothing to be proud about.(shiver)

    But I know of exactly the 5 high court justices you want. Too bad they were not part of the Assange deal (so far).

    1. Amen, GT, but really, I know that you know that “irregardless” is non-standard English.

  2. I can never understand people who think they have a right to force their opinions and values on others who are not hurting anyone. It is a vicious, arrogant habit that degrades the fabric of civil society. P.A. would have us be like Russia, China, India instead of Canada, Australia, the Netherlands, Denmark, UK, France. And if done in the name of Christianity, they are the ones destroying that religion, not the tolerant ones.

    1. So you think that people who don’t believe in it should have it forced and flaunted on them and be made to watch behavior that they don’t believe in? Maybe you also think it’s ok for heroin addicts to try and get other people addicted. Just because you like something doesn’t mean that others should be forced to like or accept it.

      1. Please tell me how, in Ecuador, you have had a gay relationship “forced and flaunted” on you and been “made to watch behavior” that you don’t believe in. I don’t even know someone is gay unless they tell me.

        1. Thank you General Winter
          (And PS – Ken Mokler – Is it kosher to upvote your own comment?)

          1. Yeah, that business of up-voting ones own post is really tacky. How insecure Mokler must be.

        2. Once again, we are trying to reach Mokler and his ilk (Fitzsimmons and ProudAmerican) with logic and reason and the futility of that should be obvious. That just isn’t the currency they deal in.

          As a smart person once asked me, “When I’m shouting at a person I know to be deaf and blind, who is the fool in that scene?”

          1. Agreed regarding Ken M. but maybe others are reading this and are given something to think about. When I was young my values were shaped by the smartest people around me, not the dumbest.

            1. Good point, but perhaps the point about Mokler not being swayed by facts, logic and reason can be instructive to others as well. Instructive in the sense that it suggests to people who not to listen to.

            1. Your first sentence is worded in a way that implies that I am homosexual. Is that what you mean to imply?

              Expect you to approve of anything I do, think or say? You think far too much of yourself. I’ve gotten through life without your approval of anything I’ve done, been, said or thought. I’ll probably be able to survive a few more years of that.

      2. Ken, I’m still waiting to hear how you have had a gay relationship “forced and flaunted” on you and been “made to watch behavior” that you don’t believe in.

      3. So when homosexual people marry, you think . YOU’LL BE FORCED TO WATCH?? UM, EXCUSE ME, NOBODY INVITED YOU TO THEIR HOME TO WATCH HOW THEIR MARRIAGE FUNCTIONS?! You won’t be invited, don’t panic!

    2. GW – Your opinion is a common one across the planet… but everyone seems to miss the fundamental point of the matter: Why should govt have anything to do with marriage at all? It is absolutely none of govt’s business what people want to do with each other, as long as they are not harming others.
      Imagine how things would be if govt stayed out of such matters, across the board.
      It is absolutely none of Hernán Salgado’s business what you or I do in our private lives, and especially our love lives.
      Amen. 😉

      1. Bullseye. But what can’t be seen can’t be hit, except accidentally, which can’t be seen, either. I pray the spray my clay soles to keep.

        Marriage itself, & the spiral chute incentives that lead people to it, are part & parcel the pavlovian machination that is the true country of better call sol•shine patriots.

        So the radicalism of “oppressed” othersexuals wanting to joinemulatebe just like those othersexuals ain’t so radical after all. Juridical ain’t radical – its as con•servative as it gets.

        1. ROQ – Behind the flamboyant whining you can hear the little voice in the background, “Look at me! Look at me! I’m special and different! And therefore I deserve ____ (fill in the blank).”
          Eventually one grows up and gets past the need to be seen and be special and protected. Then he/she/? just gets on with living their life, regard-less.

          1. “The market can remain irrational longer than you can remain solvent” is what “eventually (one grows up)” reminds me of. Eventually one in ten – if that – grows up. Is why there’s so much soylent in the green…on (Lord of the)Flies island. That
            bit of dialog from the Fargo remakeserialization:


            Incentives are fine. But bribes (& those offers that can’t be refused) aren’t incentives any more than robbery & theft – or economic rents — are profits.

            So bribes like marital “deductions” & other tax “benefits,” or mortgage interest “deductions,” are Goebbeled up by the kiddies, just like those marshmallows are in that classic experiment on time preference.

            (Most time preferences are short, if not ultra-short…most players aren’t cut out for checkers, let alone chess, or go…so anything that gets ‘em past go for the $200 bribe is “good”… John “good stuff” Maynard “candy” Keynes: “In the long run, we’re all dead.” We who are “about” to die, middle-finger salute you.)

            bear “markets” prevail…so short ‘em

            There’s nothing rational about salivating to a bell. That’s just autonomic physiology. But it is irrational to queue for whom those bells toll & then greedily gobble what Goebble has decided will be your portion. Which is what 96%, give or take (that distilled Pareto bit), of human Do’s be.

            And like England Swings (Like a Pendulum Do). The Brexit mess, transferring from a larger garbage can back into the old smaller garbage can…but no further.


            The beginning of Leibniz’s Theodicy (the odyssey?): “Man is exposed to a temptation to which it is known that he will succumb, thereby causing an infinitude of frightful evils (by which the whole human race will be infected and brought as it were into a necessity of sinning, a state which is named ‘original sin’.
            Thus the world will be brought into a strange confusion)…by this means death & diseases being introduced, with a thousand other misfortunes & miseries (that in general afflict the good and the bad;)…wickedness will (even)…hold sway & virtue will be oppressed on earth (, so that it will scarce appear that a providence governs affairs).
            *even with religious cataracts some can see some things.

            This goebble’s only gonna break your heart…


  3. “He also advised the country’s lower court judges to put human rights above religious doctrine when ruling on cases involving gay rights.”

    No shit. How novel. Humans before religious dogma. Why didn’t I think of that?

  4. I will weigh in on the anonymous profile debate. For a long time I used my real name and photo, and I argued for requiring everyone on these forums to do so. I lost the debate so I decided that I don’t want the inequality of arguing with someone who knows who I am and I don’t know who they are. But I also do not post anything anonymously that I wouldn’t post as myself.

    1. Ain’t no debate: Names ain’t the territory any more than maps are.

      And rules of thumb are the sticks people “legally” beat the inner wives – or dogs — they’re arranged-married to with.

      Lotta’ word gamers are gamed by words. In theory tools are to be used, but in practically all practice they use.

      Dear hunters, you can’t eat what you can’t hit & you can’t hit what you can’t see & photosynthesizing pictures of words confuses, synonymizes, symbol-filled air with calories.

      “Breatharians” are a thing, but that cult’s a lot larger than indicated by the “real” names on the membership roleplay.

      Trees, which *do* know how to photosynthesize, & which provide those wife-beater sticks, & forests…words & metawords.

      A little elevation. Meta-elevation. Not Cuenca-elevation. Higher than high
      physically-geographically & deep holes can & do do-si-d’oh!

      Dan Castellaneta calls Homer Simpson “a dog trapped in a man’s body”, adding, “He’s incredibly loyal – not entirely clean – but you gotta love him.”[35]
      So what’s the answer to Walken’s question? It ain’t in the words….

    1. The word pride says it all about those participating. One of the greatest sins that causes many to fall is Pride. Why would anyone celebrate sin in any form except to thumb their nose at God.

      1. Which god? The god I worship – – – she promotes love and equality. (Unlike yours obviously)

        1. The Holy God I serve loves all people but not their sins. He is not feminine, so obviously, you honor a different god.

      2. God created not only gay/lesbian people but also gayness in animals. Dolphins, dogs, even the lesbian pigeon population off the coast of Santa Barbara comes to mind. But who are you to put words in God’s mouth and questions God’s judgement?! I am guessing that YOU know better than GOD HIMSELF because of a 2000 year old book written by men! Oh yeah. judge not least ye be judged. Wasn’t much of a favorite saying with you? Here’s another: “Only God can judge me.”

        1. Where do you see God’s quotes in my statement of fact from the inspired Words of God? You are taking His Words & adding your personal judgement of me. Apparently, you only read part of His Bible.

          1. That person and many others like to make their own quotes and try to change the word of God. Then you also have all the Atheist’s who will always believe that sin is normal. Then it seems that many have twisted and contorted the words of the Bible. When you hear there is a stairway to Heaven and a highway to hell you can plainly see why with so many non believers. The highway to Hell is getting a lot wider.

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