Abstract

SARMIENTO E., Juan Pablo. Modulation of sentences as a means to articúlate the political opportunity of the Colombian Constitutional Court. The case of same-sex couples. Rev. Derecho [online]. 2012, n.37, pp.283-320. ISSN 0121-8697.

As part of the transformation that has taken place in the family law regime towards the inclusion of same-sex couples, the Constitutional Court has played a central role and perhaps alone. This paper analyzes the main decisions of the Constitutional Court concerning standardization in the field of protection for same-sex couples, drawing from each building elements most relevant jurisprudence. Thus I argue that through a variety of interpretive tools, the Court has instrumentalized its decisions to exercise political opportunity in the direction of the prevailing view, using the conditioning of the judgments of constitutionality.

Keywords : Discrimination against same-sex couples; de facto marital union between same sex partners; institutional discrimination; legal protection for sexual diversity.

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