January 28, 2011

Constitutional Court of Chile rules in favor of gay marriage




First things today welcomed processing and declared it admissible on the grounds that the constitutional inapplicability of Article 102 of the Civil Code, which allows only heterosexual marriage, he "finds reasonable grounds." Movilh welcomed this new development.

In an unprecedented Constitutional Court (TC) declared admissible a requirement inapplicability of Article 102 of the Civil Code allows only marriage between persons of the opposite sex after the Santiago Court of Appeals in its ruling request after an action of protection filed by three gay couples and the Movement of Homosexual Integration and Liberation (MOVILH), sponsored by lawyer Jaime Silva and Fernando Muñoz support lawyer.

The decision was taken yesterday by the TC with favorable votes of the ministers Carlos Carmona Santander, José Antonio Viera-Gallo and Ivan Maldonado Arostica and pronouncements against the President of the Second Chamber of the Court, Raúl Bertelsen Repetto and the Minister Marisol Peña Torres.

"For the sole purpose of ruling on its admissibility, the Board finds that the application of the contested legal rule could be decisive in the aforementioned legal proceedings and the inapplicability action brought by the Santiago Court of Appeals found reasonable grounds," said TC to justify its measure.

"This is an unprecedented moment in the history of sexual diversity in Chile. We are extremely happy because the TC now thoroughly analyze whether to ban gay marriage is unconstitutional or not, what is clear to us, because the Constitution guarantees equality before the law and Civil Code Article 102 of this principle violent prevent people into marriage only with their sexual orientation, "said President Movilh, Rolando Jiménez.

He added that "from when he and three partners began this struggle we have seen with great interest as we passed different and original stages. First, the Santiago Appeals Court ruled admissible our resort. Then the same court requested the TC rule because it has doubts about the constitutionality of the Civil Code. Subsequently, the Constitutional Court accepted for processing the request and now declares it admissible. No doubt we are living historic moments. "

Couples who filed the application for protection and Hans were Cesar Peralta Arias, parents of two children, after they win custody of her children in a ruling issued in 2009 by the Family Court of Puente Alto and Stephane Canadian Open , who married in August 2006 with the Chilean Jorge Monardes in Canada, and Victor Arce and Miguel Lillo, who formalized their union in Mendoza on 20 August.

The appeal was filed after the Registrar's refusal to recognize marriages performed abroad and / or give time for the link. The situation prompted the TC to discuss this situation to the Civil Registry, an organization that justified the rejection on the basis of Article 102 of the Civil Code.

"To the TC, happily, this response was not satisfactory because it considers it may have committed an unconstitutional act, what we believe actually happened," said Jimenez.



Ensentido Contraio...
by 
padawan  http://www.actup.org

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