Grigsby Kevin, A battle for equality: same-sex marriage in Colombia

On 28 April 2016 the Constitutional Court of Columbia, by 6 to 3 vote, gave same-sex couples the right to enter into legally recognized marriages with individuals of their choosing, regardless of gender . In its lengthy opinion, the Constitutional Court examined its past jurisprudence relating to homosexuals and the marital rights of same-sex couples in addition to conducting a comparative examination of those same rights in various nations across the globe. In reaching its conclusion that the marriage regime was unconstitutional as it existed, the Constitutional Court emphasized principles of human dignity, autonomy, and equality.

After a brief look at the historical backdrop, this essay will explore the constitutional context that led the Constitutional Court to ultimately recognize marriage as a fundamental right worthy of enjoyment by all. Highlighting the principles of human dignity, autonomy, and equality, the judgment will be examined in the light of similar contemporary...