Inclusión del matrimonio igualitario como figura jurídica dentro del derecho civil y procesal civil ecuatoriano

Abstract

Abstract: The purpose of this research study is to investigate the possibility of including same-sex marriage in the Ecuadorian juridical system, analyzing if the second paragraph of article 67 includes a negative clause that restricts the right of homosexual couples to get married. From a constitutional point of view it is analyzed if not including same-sex marriage in the Ecuadorian legislation violates the constitutional rights and if that implies discrimination in means of sexual orientation and gender identity. Furthermore, the constitutionality of same-sex marriage, parting from the rights established in international public law, is being analyzed. This research study applies the constitutional interpretation methods as well as the Organic Law of Jurisdictional Guarantees and Constitutional Control. Furthermore the legal surrounding in which same-sex marriage evolves is considered. In this context, the legal figure of marriage and its differences with civil union are shown. The constitutional legitimacy of same-sex marriage is analyzed, defining the role and importance of the Constitutional Court for the inclusion of same-sex marriage in the Ecuadorian legal system.