By Richard McColl
BOGOTA, Colombia
Following a 10-hour debate, the Colombian Constitutional Court ruled to limit the rights of same-sex couples who want to adopt.
While the LGBTI rights groups in Colombia acknowledge progress has been made in the struggle for equality, they questioned the court’s decision to discriminate between biological and adoptive children. LGBTI refers to those who are lesbian, gay, bisexual, transgender and intersex.
“The country has shown that it is mature enough and ready for equality. However, there is a shortfall with regards to equality in their decision on joint adoption. The Court has made progress but left other questions unanswered,” said Mauricio Albarracin, Director of LGBTI rights group Colombia Diversa in a press release.
The hope for LGBTI couples in Wednesday night’s 5-3 vote is that gay couples may adopt only if one of the parents is the biological father or mother – a condition stipulated in a law governing children and adolescents.
Colombia Diversa believes adoption must be equal for all couples regardless of a couples’ sexual orientation.
Perhaps the most outspoken critic of the court’s ruling has been Sen. Armando Benedetti of the National Party of Social Unity who, upon hearing the ruling said, “The Court is weak. We have no court, in their place there are cowards who did not rule in favor of the Constitution but for political favor and opinion.”
Colombia’s Constitutional Court has addressed LGBTI equality and rights since 2007 and has issued progressive decisions.
In 2008, the court ruled that the surviving gay partner in a relationship could receive the pension benefits of the deceased partner. There is also work in progress for inheritance rights for homosexual couples.
But the debate for equal rights is far from finished in this predominantly Catholic nation with Liberal and Conservatives divided on the issue.
“The Court has maintained that there exists a difference between a heterosexual couple and a homosexual couple,” stated Liberal Sen. Viviane Morales.
It is not yet clear whether Congress will intervene to keep the debate open and push for adoption rights for gay couples.
The issue could drag on for weeks to come.
