Case No. 111-97-TC
Encyclopedia
Case No. 111-97-TC is a case decided by the Constitutional Tribunal of Ecuador
on November 25, 1997 that resulted in a landmark decision
regarding sodomy laws. The newly created Constitutional Tribunal overturned as unconstitutional the first section of Article 516 of the Penal Code which criminalized sexual activities between persons of the same sex. The case was the first step towards increasing recognition of gay rights in Ecuador
. The following year, Ecuador became the first country in the Americas
(and only the third in the world after South Africa
and Fiji
) to include sexual orientation as a protected category in its Constitution. Nevertheless, the decision handed down by the Constitutional Tribunal was not wholeheartedly received by gay rights activists, who criticized it due to its use of homophobic language qualifying homosexuality as an "abnormal conduct" which should be medically treated rather than penally sanctioned. The Constitutional Tribunal was accused of being traditional-minded for stating that "it is clear that even though [homosexuality] should not be a judicially punishable conduct, the protection of the family and of minors requires that it not be a socially exalted conduct". Case No. 111-97-TC was also criticized by social conservatives opposed to the decriminalization of homosexuality altogether.
Constitutional Tribunal of Ecuador
The Constitutional Tribunal of Ecuador is the highest court in Ecuador dealing with constitutional issues. It was created as part of Ecuador's 1996 constitutional reform package. It is composed of nine magistrates.The Constitutional Tribunal has been affected by Ecuador's recent political crises...
on November 25, 1997 that resulted in a landmark decision
Landmark decision
Landmark court decisions establish new precedents that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law...
regarding sodomy laws. The newly created Constitutional Tribunal overturned as unconstitutional the first section of Article 516 of the Penal Code which criminalized sexual activities between persons of the same sex. The case was the first step towards increasing recognition of gay rights in Ecuador
Gay rights in Ecuador
Lesbian, gay, bisexual, and transgender persons in Ecuador may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Ecuador, but same-sex couples and households headed by same-sex couples are not eligible for all of the same legal...
. The following year, Ecuador became the first country in the Americas
Americas
The Americas, or America , are lands in the Western hemisphere, also known as the New World. In English, the plural form the Americas is often used to refer to the landmasses of North America and South America with their associated islands and regions, while the singular form America is primarily...
(and only the third in the world after South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
and Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
) to include sexual orientation as a protected category in its Constitution. Nevertheless, the decision handed down by the Constitutional Tribunal was not wholeheartedly received by gay rights activists, who criticized it due to its use of homophobic language qualifying homosexuality as an "abnormal conduct" which should be medically treated rather than penally sanctioned. The Constitutional Tribunal was accused of being traditional-minded for stating that "it is clear that even though [homosexuality] should not be a judicially punishable conduct, the protection of the family and of minors requires that it not be a socially exalted conduct". Case No. 111-97-TC was also criticized by social conservatives opposed to the decriminalization of homosexuality altogether.
See also
- National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and OthersNational Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and OthersNational Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men...
(1998), a similar case decided by the South African Constitutional Court. - Lawrence v. TexasLawrence v. TexasLawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
(2003), a similar case decided by the United States Supreme Court.