there are same-sex couples won another 'round' in the Court criticizes homosexuality gay Communities pressured the Constitutional Court granted the right to inherit. 
In reviewing a claim of constitutionality to 18 articles of the Civil Code concerning the issue of inheritance, the Constitutional Court knocked the limitation that there for assets passing between spouses legally only.
The lawsuit sought to explicitly recognize the right to permanent partners (unmarried couples) and, by extension, ordered judges to apply to homosexual couples. The initial presentation of Judge Jorge Pretelt, was not supported by the majority, Congress referred to the chapter on gay couples replaced.
From mid-afternoon, with several lawsuits and guardianships, these communities have made the Constitutional Court extended the scope of their rights.
The judges eliminated the distinctions in pension replacement, membership in health and social benefits.
items were declared enforceable, but subject to conditions,
"as long as the marriage portion is meant to be understood that the partner or life partner and same-sex couples," the ruling said .
The Court called on Congress to legislate on de facto marital unions and same-sex couples.
"It's an important social issue that deserves debate in Congress," said President of the Court, Judge Juan Carlos Henao. The marital portion is the portion of goods that leaves a person at death and by law apply to your spouse, for maintenance and survival.
The Court, however, that that decision "only has economic effects" and that does not alter the concept of family that is in effect (the union between man and woman for purposes of procreation) and is subject to the demands of gay community.
In this stage, the Tribunal is holding two separate processes: the marriage between gay couples and their right to adopt.
reactions to failure
Monica Roa, director of the NGO Women's Links Worldwide, welcomed the decision of the Court and said the judges are sending a message of recognition of the rights of homosexual couples.
"We hope the court keep the same trend for other decisions such as marriage and adoption by homosexual couples. I commend the judges, I congratulate the leaders who fought to bring forward this decision and the gay community because they are recognizing their rights "he said.
For his part, Carlos Fradique, a legal expert in civil and family law, said the decision "has openly violated the Constitution.
" Article 42 states that marriage is consensual and must take place between a man and a woman (.. .) If the benefit of the marital portion that establishes the Civil Code which is exclusively for people living in heterosexual marriage and the court says it must be for marriages of same-sex couples is a decision blatantly unconstitutional. "
added that the ruling side effects may even be an institutionalization of bigamy and polygamy.
" A person who is married can also simultaneously having marital union and they are recognizing the rights to the two junctions. The Court did leave open any requirement and can then attend both the spouse and the wife to claim his pension. "
Interview with Germain Rincón Perfetti
What does the decision of the Court? The point is that unions could not be inherited marital themselves, while marriages heirs themselves could be mutual. So the Court today passed a specific and general demand for all couples. And it makes at this time are almost equal couples cohabiting with married couples, because that was the few things missing.
What is the consequence of this decision? I think the result is huge because more than 50% of all couples in this country, all kinds of couples cohabiting rather than married. Cohabitation has always been second rate because they have fewer rights than marriage but it is the same coexistence.
What did the Constitutional Court, today, this was to get cohabiting couples man and woman, woman and woman, any couple for that all-in shelters now have less distance or more and acquired rights come much closer to all the rights that marriage.
I would say that right now there is only one little thing, but beyond that they are all almost equally. It was a social justice issue for most couples in this country who live in free union.
What would be the next step with regard to homosexual couples? This I'm telling you is for couples in general. Regarding homosexuals are waiting for two things, one being the failure of marriage, and the other the adoption. That is what we are waiting.
This ruling was in general, not just for same-sex couples to where I have understood by demand. This equals a little over the issue for couples living in de facto marital union are not second-class citizenship.
EDITORIAL JUSTICE
TIME ........... Gay
entitled to inherit property from your partner
By: Elespectador.com
The Constitutional Court urged to amend part of the Civil Code that renders them unfit to practice law. From now on, homosexuals have the right to inherit the entire estate of their life partners, on the same terms as heterosexuals, after the Constitutional Court left no legal effect several provisions of the Civil Code to vedaban same-sex couples to enjoy these rights.
By eight votes to one, the Plenary Court upheld the constitutionality of the provision, which certifies the right of succession on the ownership of the partner died, provided that it also harbors a de facto marital unions and same-sex couples.
The president of the tuition, Juan Carlos Henao, recalled that the provision that the inheritance determined the survivor was dependent spouse, that is conditioned the enforceability of the right to pre-existence of a marriage which, she insists, let out a the two types of couples in question.
For the full exercise of those rights, the high court urged the legislature to issue new rules civilians endorse such assurances, for those living with a partner, whether heterosexual or homosexual.
With presentation of Judge Jorge Ignacio Pretelt, most of the nine members of the court agreed that the fact that the standard consecrated in marriages these exclusive economic rights was in violation of fundamental rights to equality of those who are part of the gay community, as well as those who prefer to live under the so-called free union with his partner of the opposite sex.
It should be noted that the determination relates exclusively to property succession rights, which in any way alter existing conditions so far for the adoption of children and marriage, which remain viable only for families that make a man and a woman.
The Constitutional Court shall also cover the issue in the coming months, after the existence of a new complaint to the Code Civil, which seeks to recognize the nature of the family also through the union of same sex.
Elespectador.com Republic of Colombia Constitutional Court
Presidency
Office of Communications Press Release April 13, 2011
COURT DECIDES TODAY IF GAYS CAN GET YOUR PARTNER INHERITANCE The discussion will be the appetizer to the discussion of gay marriage in Colombia. Judges define
Plenary today if the rules that entitle spouses to inherit on the death of one of them can be extended to the peers or permanent partners and same-sex couples.
The discussion will necessarily have to be dealt with the issue of gay marriage, sources said the high court session begins at 10:30 am.
On this issue, the Court examines another lawsuit to validate in Colombia marriage same-sex couples.
The plaintiffs allege that the Colombian civil law ignores the fundamental rights for gay couples and integrate together in a family with legal safeguards under the Act.
must also define the next few days in custody for a lesbian couple who are being asked to allow one to adopt the biological child of his companion.
The case is responsible for what the judge Juan Carlos Henao and presented for consideration to his colleagues a draft ruling.
However, the Plenary of the Constitutional Court decided to take a month of waiting for reflection and further reading. The Court expanded three years ago civil rights, political and social homosexuals.
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