Homosexuality in Ecuador

Homosexuality was legally combated in Ecuador until the end of the 20th century.

legality

In compliance with the International Convention on Human Rights , same-sex sexuality was decriminalized by the Constitutional Court on November 27, 1997 through the repeal of Article 516 of the Criminal Code according to Decision No. 106. Previously, same-sex intercourse was punished with imprisonment for up to 8 months.

Anti-discrimination laws

Same-sex marriage and partnership laws in South America

Same-sex marriage

Registered partnership

No recognition

Constitutional prohibition of same-sex marriages

Homosexual acts illegal

Since the constitution of June 5, 1998, there has been an anti-discrimination law in Ecuador that did not abolish the new constitution of 2008. Any discrimination based on ethnicity, sexual orientation, state of health, disability or any kind of distinguishing feature (Art. 23, Item 3) is expressly prohibited.

At the end of August 2007, Defense Minister Lorena Escudero announced that the relevant constitutional article prohibiting sexual discrimination would be incorporated into the regulations of the Ecuadorian military. This will prohibit soldiers from being discharged from military service for homosexual acts.

Recognition of same-sex marriages

State recognition of same-sex civil partnerships has existed in Ecuador since 2008. On September 28, 2008, the new constitution was adopted in a referendum and shortly afterwards it was published in the law gazette. The new constitution also contains equal rights for same-sex couples, which the Roman Catholic Archbishop Antonio Arregui Yarza criticized in the run-up to the referendum. In 2014, the rights of same-sex civil partnerships were further expanded.

On June 12, 2019, the Constitutional Court ruled in a landmark ruling in two lawsuits against homosexual couples that they have the right to marry in Ecuador.