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The Ninth Civil Court of the Cartagena Circuit issued a new ruling to the case of refusal of the request for marriage between two women by the tenth civil judge, which occurred last August.
The ruling concludes against the fact that: “The protection of the fundamental rights to equality, due process, the right to access to the administration of justice and effective judicial protection of the plaintiffs must be granted.”
In addition to “Annul the ruling dated August 31, 2020 with which the request for civil marriage was rejected presented by the guardians and the one of September 18, 2020, through which the adopted decision was maintained ”.
Through a statement, Caribe Affirmativo acknowledges that this guardianship ruling not only warns that the decision of the city’s tenth court violated the rights of women marriage applicants, rather, their arguments for refusing were prejudiced and out of law.
“This judgment of guardianship, of first instance that comes from a higher court that by jurisdiction knows of guardianships; grants the protection action and declares that all rights have been violated and, consequently, orders the tenth court to resolve the marriage request of the female couple in accordance with the pronouncements of the Court that for six years made the marriage for same-sex couples final; that is why he asks him to withdraw from his arguments that are not consistent with his state function and to accept, and set the date and time for the marriage hearing, “he says.
“With this ruling, the judge will re-analyze the case, but it may be maintained, argue better or accept the request of the judge. If there is no challenge, by the tenth judge of the Cartagena circuit, this ruling must be fulfilled within 48 hours, as requested by the judge ”, adds the motion.
This decision makes it clear: 1) that the previous decision of the tenth judge was outside the law and was discriminatory; and 2) it recognizes that the arguments it used at the time to refuse improperly depart from legal precedent.
For Caribbean Affirmative This ruling is an endorsement of the jurisprudential recognition of people’s rights Lgbti to access civil marriage under equal conditions, through judicial precedents sustained in more than 15 decisions of the Constitutional Court.
This is the fault
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