Same-Sex Marriage in Ecuador: Legal Challenges and Normative Gaps Following Constitutional Court Ruling 11-18-CN/19 (2019–2025)

Abstract

Objective: To analyze the legal challenges and normative gaps that persist in the implementation of same-sex marriage in Ecuador since Constitutional Court ruling 11-18-CN/19, examining the gap between the formal recognition of the right and its effective application in legal, administrative, and sociocultural contexts.

Method: This study adopts a qualitative approach with a dogmatic-hermeneutic design and the application of the analytical-synthetic method. The research examines the Ecuadorian Constitution, constitutional jurisprudence, specialized doctrine, inter-American human rights standards, and comparative experiences from Colombia, Argentina, and Chile, as well as documented cases of institutional discrimination.

Results: The findings indicate that the jurisprudential recognition of same-sex marriage represents a significant advance in human rights, yet its implementation faces limitations arising from the lack of legislative harmonization of the Civil Code and family law. Normative gaps persist in matters such as filiation, succession, and adoption, along with uneven administrative practices due to the absence of uniform protocols. A gap between formal equality and material equality is also observed, influenced by cultural resistance and religious prejudices. Comparative analysis shows that countries that adopted comprehensive legislative reforms achieved more homogeneous implementation of same-sex marriage than those that relied primarily on jurisprudential pathways.

Conclusion: It is concluded that the consolidation of same-sex marriage in Ecuador requires comprehensive normative harmonization, mandatory administrative guidelines, and inclusive public policies capable of ensuring real equality. Overcoming normative gaps and reducing institutional discretion are essential conditions to guarantee the full and effective exercise of this right.