Colombia Officially Recognizes Gay Couples' Property Rights

On February 9, 2007, Colombia passed its first law in favor of fairness for gay couples. Colombia's highest court, the Constitutional Court, decided that same-sex couples who live together could have the same property rights as straight couples. The law stipulates that the couple must live together for two years.

Although a separate bill which would allow same-sex civil unions is under discussion in Congress, this law does not accomplish their legalization.

The decision is the result of a lawsuit filed in 2006 by Colombian gay rights group Colombia Diversa and drafted by a group of law students from the University of Los Andes. The suit was intended to overturn a 1990 law mandating that in order for unmarried couples to have property rights, the couple had to consist of a man and a woman. The wording "man and woman" is in this case now unconstitutional.

Before the new law, if one partner died, the deceased person's property would have gone to his or her family. In order to prevent the surviving partner from losing the property, gay couples had to establish commercial partnerships. Now the surviving partner would keep everything the two owned together.

If a gay couple separates after two years, whatever they earned or accumulated together would be distributed between the two of them.

Although spokespersons for the Roman Catholic Church endorse the new law, they have said that they hope it does not lead to legalization of gay marriage or gay adoptions in Colombia. Some Catholic lay organizations have spoken out against the establishment of property rights for gay couples. Colombia is a country where most people are of the Catholic faith and homosexuality is still unacceptable outside of urban areas.

A gay rights organization estimated that 100,000 couples would be affected by the verdict.

In October 2006 the Colombian senate approved a bill that would grant health, social security and inheritance benefits to gay couples. It will be voted on by the lower house in June 2007. Supporters of the bill, including President Alvaro Uribe, approve the bill from the ideological standpoint that gay people ought to have the same economic privileges as heterosexuals.

Other Latin American countries are also taking large steps towards equality for gay people. In December 2006 the Mexican state of Coahuila passed a law to allow gay civil unions known as "civil solidarity" unions. The first such union was registered on December 31 by lesbian couple Karina Almaguer and Karla Lopez. Civil unions are also recognized in Mexico City, the Argentine city of Buenos Aires, and parts of Brazil.

Associated Press, "Colombia: Gay Couples May Share Assets." Yahoo. URL: (http://news.yahoo.com/s/ap/20070209/ap_on_re_la_am_ca/colombia_gay_rights_1;_ylt=Ar4u6mKyuXBJOxYpjX_yLxhdlakA)

BBC News, "Rights for Colombia gay couples." BBC News. URL: (http://news.bbc.co.uk/1/hi/world/americas/6341593.stm)

Indira A.R. Lakshmanan, "Colombia court backs rights for gay couples." Boston.com. URL: (http://www.boston.com/news/world/latinamerica/articles/2007/02/09/colombia_court_backs_rights_for_gay_couples/)

Juan Montano, "Lesbians register Mexico's 1st gay union." Yahoo. URL: (http://news.yahoo.com/s/ap/20070201/ap_on_re_la_am_ca/mexico_gay_union_1;_ylt=AulEipgH.NqGX3ssrFplKmhdlakA)