Matrimonio igualitario: Un derecho creado por los jueces

Abstract

The purpose of this essay is to approximate the right of equal marriage, which is the legal- contractual union of same-sex couples for the constitution of a conjugal society that accounts for the common rights and obligations that such an institution implies. To do this, a jurisprudential analysis will be developed with some doctrinal debates that directly or indirectly have contributed to the transformation of the legal institution of marriage in the last decades in Colombia. The starting point of Colombian jurisprudence on this controversial topic will be analyzed, the strongest arguments used by the detractors, the hermeneutical turns of the jurisprudence until reaching the constitutionalization by precedent of this contract.