La errónea aplicación de la opinión consultiva OC-24/17 en la sentencia 11-18 CN/19.

Abstract

Equal marriage was approved via a Constitutional Court ruling in June 2019, this pronouncement was not without controversy and its vote among the magistrates was a faithful reflection of Ecuadorian society and its opinion on the issue, 4 votes against and 5 in favor; The Plenary of the Court, to make a determination, indicated that there was an Advisory Opinion of the Inter-American Court of Human Rights (of which Ecuador is a state party) that urged all the signatory nations to offer the necessary legal guarantees so that the Homosexual people can access marriage in the same way as heterosexual people, however, I’m sure that this pronouncement was wrongly applied by the magistrates of the Constitutional Court; Without a doubt, they responded to a clamor from various civil society groups, however, they did not use the necessary tools in Law so that equal marriage can be included in Ecuadorian legal regulations, in this way a dangerous precedent was set in the way of issuing resolutions on such momentous issues as equal marriage.