The Attorney General of the Nation, Margarita Cabello Blanco, has issued a concept addressed to the Constitutional Court, urging that same-sex couples, both in marriage and in a material de facto union, be included in the law that establishes the conditions for the constitution of non-seizable family assets (Law 70 of 1931).
In her statement, the head of the Public Ministry highlighted that there is no valid justification for granting differential treatment based on the gender or sexual orientation of the spouses and permanent partners in the regulation of this estate. He argued that the comprehensive protection of the family, as established by the Constitution, must be applied without distinction of how the family is formed, since all its forms are protected by this mandate.
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Cabello Blanco emphasized that jurisprudence has established that norms that discriminate against same-sex couples in matters family members violate the principle of equality enshrined in the Political Charter. He stressed that all unions, regardless of the sexual orientation of their members, must enjoy the same rights and assume the same obligations.
In this context, the Attorney General requested that the norm in question be declared in accordance with the Constitution, but with the explicit inclusion of same-sex couples, whether in marriage or de facto marital union, in the non-seizable family assets.
Likewise, he recalled that the Constitutional Court had already extended property protection to same-sex couples in a de facto marital union in a previous ruling (C-029 of 2009). However, he emphasized the need to extend this equality of treatment also to those couples who have married.
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