Ecuador’s highest court on Wednesday approved same-sex marriage in a landmark ruling in the traditionally Catholic and conservative South American country.

LGBT and human rights activists erupted in celebration in Quito and the port city of Guayaquil, waving the rainbow flags that symbolize the gay rights movement.

The Constitutional Court said same-sex marriage had been approved in a five-to-four vote of its nine judges in a closed-door hearing.

Ecuador, where the church is very influential, thus joins Argentina, Brazil and Colombia in recognizing same-sex marriage.

“It means that Ecuador is more egalitarian,” said lawyer Christian Paula of the Patka Foundation, which provides legal advice for around 10 same-sex couples seeking to marry in the country.

“It recognizes that human rights must be for all people without discrimination.”

The four dissenting judges argued that in order to recognize same-sex marriage, constitutional reform would have to be debated in the National Assembly.

Gustavo Medina, a former Supreme Court president, told AFP that Ecuadoran authorities were obliged to abide by decisions of the Constitutional Court, which were “binding and mandatory.”

Ecuador has recognized de facto civil unions for same-sex couples since 2015.

The Constitutional Court approved same-sex marriage as it ruled on lawsuits by two pairs of men who wanted to wed. </s> Marcos Pin, AFP | People celebrate after the Ecuador's Constitutional Court approved equal civil marriage, in Guayaquil, Ecuador on June 12, 2019.

Ecuador's highest court has authorised same-sex marriage in a landmark case seeking to expand LGBT rights in the small South American nation.

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The Constitutional Court said same-sex marriage had been approved in a five-to-four vote of its nine judges in a closed hearing.

Ecuador, where the church is very influential, thus joins Argentina, Brazil and Colombia in recognising same-sex marriage.

"It means that Ecuador is more egalitarian. It is more just than yesterday, that it recognizes that human rights must be for all people without discrimination," said lawyer Christian Paula of the Patka Foundation, which provides legal advice for around 10 same-sex couples seeking to marry in the country.

The four dissenting judges argued that in order to recognise same-sex marriage, constitutional reform would have to be debated in the National Assembly.

Gustavo Medina, a former Supreme Court president, told AFP that Ecuadoran authorities were obliged to abide by decisions of the Constitutional Court, which were "binding and mandatory."

Ecuador has recognised de-facto civil unions for same-sex couples since 2015.

The Constitutional Court approved same-sex marriage as it ruled on lawsuits by two pairs of men who wanted to wed.

The men in one of those couples are named Efrain Soria and Javier Benalcazar.

"I want to say hello to Javier, who is in Guayaquil. Honey, I love you," Soria told reporters in the capital Quito.

He urged other gays to stop hiding and "enjoy the happiness that comes from being equal, like anyone else."

Ecuador's current constitution, ratified in 2008, defines marriage as the union between a man and a woman. It also bars same-sex couples from adopting children.

The Constitutional Court judges that approved same-sex marriage said they based their decision on the idea that all people are equal. They also said they sought to counter any kind of discrimination.

(AFP) </s> Ecuador, where the church is very influential, thus joins Argentina, Brazil and Colombia in recognizing same-sex marriage.

“It means that Ecuador is more egalitarian. It is more just than yesterday, that it recognizes that human rights must be for all people without discrimination,” said lawyer Christian Paula of the Patka Foundation, which provides legal advice for around 10 same-sex couples seeking to marry in the country.

The four dissenting judges argued that in order to recognize same-sex marriage, constitutional reform would have to be debated in the National Assembly.

Gustavo Medina, a former Supreme Court president, told AFP that Ecuadoran authorities were obliged to abide by decisions of the Constitutional Court, which were “binding and mandatory.”

Ecuador has recognized de-facto civil unions for same-sex couples since 2015.

The Constitutional Court approved same-sex marriage as it ruled on lawsuits by two pairs of men who wanted to wed.

The men in one of those couples are named Efrain Soria and Javier Benalcazar.

“I want to say hello to Javier, who is in Guayaquil. Honey, I love you,” Soria told reporters in the capital Quito.

He urged other gays to stop hiding and “enjoy the happiness that comes from being equal, like anyone else.”

Ecuador’s current constitution, ratified in 2008, defines marriage as the union between a man and a woman. It also bars same-sex couples from adopting children.

The Constitutional Court judges that approved same-sex marriage said they based their decision on the idea that all people are equal. They also said they sought to counter any kind of discrimination. </s> Ecuador's highest court on Wednesday approved same-sex marriage in a landmark ruling in the traditionally Catholic and conservative South American country.The Constitutional Court said same-sex marriage had been approved in a five-to-four vote of its nine judges in a closed hearing. Ecuador, where the church is very influential, thus joins Argentina, Brazil and Colombia in recognizing same-sex marriage. "It means that Ecuador is more egalitarian. It is more just than yesterday, that it recognizes that human rights must be for all people without discrimination," said lawyer Christian Paula of the Patka Foundation, which provides legal advice for around 10 same-sex couples seeking to marry in the country.

The four dissenting judges argued that in order to recognize same-sex marriage, constitutional reform would have to be debated in the National Assembly. Gustavo Medina, a former Supreme Court president, told AFP that Ecuadoran authorities were obliged to abide by decisions of the Constitutional Court, which were "binding and mandatory." Ecuador has recognized de-facto civil unions for same-sex couples since 2015. The Constitutional Court approved same-sex marriage as it ruled on lawsuits by two pairs of men who wanted to wed. The men in one of those couples are named Efrain Soria and Javier Benalcazar.

"I want to say hello to Javier, who is in Guayaquil. Honey, I love you," Soria told reporters in the capital Quito. He urged other gays to stop hiding and "enjoy the happiness that comes from being equal, like anyone else." Ecuador's current constitution, ratified in 2008, defines marriage as the union between a man and a woman. It also bars same-sex couples from adopting children. The Constitutional Court judges that approved same-sex marriage said they based their decision on the idea that all people are equal. They also said they sought to counter any kind of discrimination.

Register to advertise your products & services on our classifieds website Digger.co.ke and enjoy one month subscription free of charge and 3 free ads on the Standard newspaper. </s> Ecuador's highest court on Wednesday approved same-sex marriage in a landmark ruling in the traditionally Catholic and conservative South American country.

LGBT and human rights activists erupted in celebration in Quito and the port city of Guayaquil, waving the rainbow flags that symbolize the gay rights movement.

The Constitutional Court said same-sex marriage had been approved in a five-to-four vote of its nine judges in a closed door hearing.

Ecuador, where the church is very influential, thus joins Argentina, Brazil and Colombia in recognizing same-sex marriage.

"It means that Ecuador is more egalitarian," said lawyer Christian Paula of the Patka Foundation, which provides legal advice for around 10 same-sex couples seeking to marry in the country.

"It recognizes that human rights must be for all people without discrimination."

The four dissenting judges argued that in order to recognize same-sex marriage, constitutional reform would have to be debated in the National Assembly.

Gustavo Medina, a former Supreme Court president, told AFP that Ecuadoran authorities were obliged to abide by decisions of the Constitutional Court, which were "binding and mandatory."

Ecuador has recognized de facto civil unions for same-sex couples since 2015.

The Constitutional Court approved same-sex marriage as it ruled on lawsuits by two pairs of men who wanted to wed.

The men in one of those couples are named Efrain Soria and Javier Benalcazar.

"I want to say hello to Javier, who is in Guayaquil. Honey, I love you," Soria told reporters in the capital Quito.

He urged other gays to stop hiding and "enjoy the happiness that comes from being equal, like anyone else."

Ecuador's current constitution defines marriage as the union between a man and a woman.

The charter, ratified in 2008, also bars same-sex couples from adopting children.

But the judges that approved same-sex marriage said they based their decision on the idea that all people are equal. They also said they sought to counter any kind of discrimination.

In Foch Plaza in downtown Quito, two women who have been fighting since 2013 for the right to marry staged a symbolic wedding right after the court decision was announced.

Pamela Troya and Gabriela Correa sat formally in chairs for the ceremony and when Troya was asked the big question, she said: "Today, I say yes. A big yes. A giant yes. I want to be your wife."

Others in the crowd shouted in approval, hugged and kissed.

Troya later told reporters the fight for same sex marriage in Ecuador had been long and hard, and at times she thought it was a lost cause.

"Finally, today is an historic day for Ecuador because it is a little more fair and egalitarian," she said. </s> Ecuador has become the fifth South American country to legalise same-sex marriage.

The country’s highest court authorised same-sex marriage on Wednesday in a landmark case seeking to expand LGBT rights in the small nation.

Efrain Soria, President of LGBT rights group the Ecuadorian Equality Foundation, described the ruling as ‘a joy for our entire community and Ecuador’.

Ecuador – nestled below Colombia and above Peru – has now become the fifth Latin American country to legalise same-sex marriage, joining Argentina, Brazil, Costa Rica, Colombia and Uruguay.

The Constitutional Court made the decision with a five to four ruling, following a lengthy legal battle put forward by several couples and gay rights advocates.

Soria is one of the activists to put the case to the courts and said he would immediately begin planning a wedding with his partner, Xavier Benalcazar, who he met years ago and has been in a civil union with since 2012.

Although same-sex unions have been legal in Ecuador for 10 years, those in a civil partnership have fewer rights than marriage couples in relation to inheritance and estate laws.

In the ruling, the court has instructed congress to pass the legislation making sure that equal treatment is available for all couples under the country’s current marriage law.

A decision by the Inter-American Court on Human Rights affirming that countries should allow same-sex couples the right to marry paved the way for the case. </s> Ecuador's highest court approved same-sex marriage Wednesday — a huge milestone for the LGBTQ community in the traditionally Catholic and conservative country.

Judges on Quito's constitutional court ruled five to four to give same-sex couples equal rights, following several lengthy lawsuits by same-sex couples and activists. The four dissenting judges argued that changes to the constitution should be debated in parliament.

Ecuador joins only a handful of Latin American nations — Argentina, Brazil, Costa Rica, Columbia and Uruguay — that have legalized same-sex marriage. The decision comes during the annual World Pride Month, which coincides this year with the 50th anniversary of the Stonewall uprising, the beginning of the gay rights movement.

Plaintiff Efraín Soria told The Associated Press that he would immediately begin planning a wedding with his partner, Xavier Benalcázar. The couple has been together for 12 years and in a civil union since 2012.

While same-sex civil unions have been legal in Ecuador for several years, those couples did not receive the same legal rights and benefits as married couples. The AP reports the court ruling instructs congress to pass legislation ensuring equal treatment for all under the country's marriage law.

Celebrations erupted across the country after the landmark ruling. The decision is "a joy for our entire community and Ecuador," Soria, who is also president of the Ecuadorian Equality Foundation, an LGBTQ rights group, told The AP.

Just a day earlier, Botswana decriminalized gay sex in a landmark case for Africa. In May, Taiwan's legislature passed a law allowing same-sex marriage, a first for Asia.

According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association's 2019 roundup, consensual same-sex sex acts are still officially or unofficially criminalized in 70 U.N. member nations. The same report said the death penalty could still be implemented for consensual same-sex sexual acts in at least 10 nations around the world. </s> Ecuador’s highest court on Wednesday approved same-sex marriage in a landmark ruling in the traditionally Catholic and conservative South American country.

LGBT and human rights activists erupted in celebration in Quito and the port city of Guayaquil, waving the rainbow flags that symbolize the gay rights movement.

The Constitutional Court said same-sex marriage had been approved in a five-to-four vote of its nine judges in a closed-door hearing.

Ecuador, where the church is very influential, thus joins Argentina, Brazil and Colombia in recognizing same-sex marriage.

“It means that Ecuador is more egalitarian,” said lawyer Christian Paula of the Patka Foundation, which provides legal advice for around 10 same-sex couples seeking to marry in the country.

“It recognizes that human rights must be for all people without discrimination.”

The four dissenting judges argued that in order to recognize same-sex marriage, constitutional reform would have to be debated in the National Assembly.

The country’s current constitution defines marriage as the union between a man and a woman. The charter, ratified in 2008, also bars same-sex couples from adopting children.

But the judges that approved same-sex marriage said they based their decision on the idea that all people are equal. They also said they sought to counter any kind of discrimination.

In Foch Plaza in downtown Quito, two women who have been fighting since 2013 for the right to marry staged a symbolic wedding right after the court decision was announced.

Pamela Troya and Gabriela Correa sat formally in chairs for the ceremony and when Troya was asked the big question, she said: “Today, I say yes. A big yes. A giant yes. I want to be your wife.”

Others in the crowd shouted in approval, hugged and kissed. </s> Judges on Quito's constitutional court ruled five-to-four on Wednesday to overhaul the country's laws, arguing that its current marriage legislation was discriminatory and unconstitutional, and that same-sex couples should be allowed equal rights.

The four dissenting judges said that changes to the Ecuadorean constitution should be decided and approved by the government and not the court.

Ecuador's National Assembly will still be required to officially change the laws that define the institution of marriage. Constitutional lawyer Salim Zaidán told CNN, however, that Wednesday's verdict was binding and that same-sex couples would be able to marry as soon as the constitutional court notifies local government offices of their decision. The court has 10 days to do so.

The National Assembly will then introduce -- and pass -- a bill that will modify the country's current marriage law from its current definition as a union between a man and a woman only.

'The right side of history' A couple celebrates the verdict in Quito on Wednesday evening. The case was brought to the constitutional court by two same-sex couples who had petitioned for the right to marry. On Wednesday, LGBTQ activists and supporters outside the courthouse hailed the celebration as a victory for a movement that has long campaigned for equal marriage rights. Same-sex marriage advocate Pamela Troya, who had been denied a license to marry her partner, Gaby Correa in 2013, told CNN she was "overwhelmed with emotion," after a six-year fight. "The judges decided to be on the right side of history," she said, adding that now the pair will finally be able to get married. Botswana scraps gay sex laws in big victory for LGBTQ rights in Africa Human rights activist Cristhian Paula told CNN that the decision "recognizes a historic fight for equality in which every citizen has the same rights, with the same name" and that "an institution like marriage is no longer used as an excuse to segregate and discriminate." Since 2015, Ecuador has legally recognized same-sex unions, with legislation providing that couples are granted the same rights afforded to married couples, with the exception of adoption. Ecuador's LGBTQ movements have marked some victories over the years, notably through a 2008 constitutional protection that prohibits discrimination based on sexual orientation. In 2013, conversion therapy was outlawed in rehabilitation institutions and, in 2015, a change to the labor law made it illegal for employers to discriminate against workers on sexual orientation. Still, homophobic attitudes continue to prevail in parts of the country and the region. Only a handful of countries in South America have legalized same-sex marriage, including Argentina, Brazil, Colombia and Uruguay, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association </s> Kenya's Court of Appeals on Thursday ruled that the use of forced anal exams used to determine whether homosexual men engaged in sex is illegal.

A day after the court ruled in favor of the lesbian and gay community, community members held an indoor meeting in Mombasa, to celebrate their victory and look at the way forward.

Speaking out

Esther Adhiambo was one of the participants. She is an officer at Initiative for Equality and Non-Discrimination. Adhiambo said the meeting was set to understand what it meant exactly to win such a case.

"We are human rights defenders, we understand. So how do we then trickle this down to the gays and transgender on the ground? So that was basically a collective of organizations that advance human rights for lesbians, gays and bisexuals in Mombasa," said Adhiambo.

She added that the court ruling had motivated gay people to speak openly about the pain of such medical tests which have for a long time been conducted on suspected gay and transgender people. "Most people were not coming out, but after the case went to court there were people who actually said that this was done to me. It is something that has been going on silently."

The National Gay and Lesbian Human Rights Commission (NGLHRC) took the case to court after two men were arrested in 2015 on suspicion of having sex.

Read more: Anti-gay sentiment on the rise in Africa

According to the men, authorities forced them to undergo anal examinations by hospital staff and security personnel. They also said authorities forced them to submit to HIV tests.

'Tremendous step'

The NGLHRC argued the tests violated the men's constitutional rights. A Kenyan court in 2016 ruled that such tests were constitutional and, as such, within the scope of use for authorities. Thursday's ruling overturned that decision.

"The ruling is a tremendous step not only in upholding the dignity of homosexuals who'd been subjected to the indignities of anal examinations but also to the rule of law in Kenya," said Eric Gitari, who heads the NGLHRC.

The court overturned a lower court's ruling that anal exams were legal

Some Kenyans from of the gay and lesbian community in Mombasa celebrated the win, saying that it meant a lot to them.

Kennedy Mwendwa was one of them. He said that they were not subjected to any form of violence. "Because of the community I come from, it’s important for people to know that you are not part and parcel of violence this means that they’re not going to be violated." Mwendwa said.

Esther Nelima, a program officer at Coast Sex Workers Alliance, said the decision will allow many gay people to visit health facilities because they will no longer be stigmatized by having to undergo anal examinations.

"We are human beings irrespective of what we do, irrespective of where we come from. We are entitled to those rights and we expect other people also to treat us the same the way we would also treat them," Nelima said.

State-sponsored homophobia

In Kenya, same-sex sexual activity is outlawed and punishable by 14 years in jail. Before Thursday's ruling, Kenya was one of eight countries that allowed forced anal exams.

The others are Cameroon, Egypt, Lebanon, Tunisia, Turkmenistan, Uganda and Zambia, according to Human Rights Watch.

Read more: Tanzania: Clampdown on gays creates climate of hate

"The violating examinations, which include being made to lie with legs up in a humiliating position and having instruments forced into your rectum, are widely accepted to have no medical merit," said NGLHRC.

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) has listed Kenya on its list of countries that sponsor homophobia through its national laws and policy. The NGLHRC has also challenged Kenya's laws targeting homosexuality.

Countries that have legalized same-sex marriage 2001, The Netherlands The Netherlands was the first country in the world to permit same-sex marriages after the Dutch parliament voted for legalization in 2000. The mayor of Amsterdam, Job Cohen, wedded the first four same-sex couples at midnight on April 1, 2001 when the legislation came into effect. The new law also allowed same-sex couples to adopt children.

Countries that have legalized same-sex marriage 2003, Belgium The Netherlands' neighbor, Belgium, followed the Dutch lead and legalized same-sex marriage two years later. The law gave same-sex partners many of the rights of their heterosexual counterparts. But unlike the Dutch, the Belgians did not initially allow same-sex couples to adopt children. The Belgian parliament passed a bill granting them that right three years later.

Countries that have legalized same-sex marriage 2010, Argentina Argentina became the first Latin American country to legalize same-sex marriages when its Senate voted 33 to 27 in favor of it in July 2010. Argentina thereby became the tenth country in the world to permit gay and lesbian marriages. The South American country was not the only one to do so in 2010. Earlier in the year, Portugal and Iceland also passed same-sex marriage legislation.

Countries that have legalized same-sex marriage 2012, Denmark Denmark's parliament overwhelmingly voted in favor of legalization in June 2012. The small Scandinavian country had made headlines before when it was the first country in the world to recognize civil partnerships for gay and lesbian couples in 1989. Same-sex couples had also enjoyed the right to adopt children since 2009.

Countries that have legalized same-sex marriage 2013, New Zealand New Zealand became the 15th country worldwide and the first Asia-Pacific country to allow gay and lesbian marriages in 2013. The first couples were married on August 19. Lynley Bendall (left) and Ally Wanik (right) were among them when they exchanged vows on board an Air New Zealand flight from Queenstown to Auckland. France legalized same-sex marriage the same year.

Countries that have legalized same-sex marriage 2015, Ireland Ireland made headlines in May 2015 when it became the first country in the world to legalize same-sex marriage through a referendum. Thousands of people celebrated in the streets of Dublin as the results came in showing almost two-thirds of voters opting for the measure.

Countries that have legalized same-sex marriage 2015, USA The White House was alight in the colors of the rainbow flag on June 26, 2015. Earlier, the US Supreme Court ruled 5 to 4 that the constitution guaranteed marriage equality, a verdict that paved the way for same-sex couples to be married across the country. The decision came 12 years after the Supreme Court ruled that laws criminalizing gay sex were unconstitutional.

Countries that have legalized same-sex marriage 2017, Germany Germany became the fifteenth European country to legalize gay and lesbian marriages in June 30, 2017. The bill passed by 393 to 226 in the Bundestag, with four abstentions. German Chancellor Angela Merkel voted against the bill, but paved the way for its passage when she said her party would be allowed to vote freely on the measure only days before the vote took place.

Countries that have legalized same-sex marriage 2017 - 2018, Australia Following a postal survey which showed the majority of Australians were in favor of same-sex marriage, the country's parliament passed a law to legalize it in December 2017. As couples in Australia have to give authorities one month's notice of their nuptials, many of the first weddings took place just after midnight on January 9, 2018 - including that of Craig Burns and Luke Sullivan, pictured.

Countries that have legalized same-sex marriage 2019, Taiwan In May 2019, the island state became the first country in Asia to legalize same-sex marriage. The government survived an attempt by conservative opposition to water down the bill. Gay couples are able to offically register their marriage from May 24 onwards. President Tsai Ing-wen called it "a big step towards true equality."

Countries that have legalized same-sex marriage 2019, Ecuador The Andean state's top court ruled 5-4 to allow two gay couples to marry in June. The decision followed a ruling from the Inter-American Court on Human Rights affirming that countries should allow same-sex couples the right to marry. Author: Alexander Pearson



Diana Wanyoni contributed to this report.

ls/sms (AP, Reuters)
The Supreme Court of Ecuador legalizes same-sex marriage.