The Colombian Constitutional Court makes a favorable decision.
Gay Catholic Priests can leave their retirement pension to their
partners, too.
Two unprecedented events: Pensions to Gay priests’
partners and that a same-sex couple makes up a family.
The Colombian Social Security Institute - Pensions - By
resolution 036485 of 2009 - Upon analysis of the pension of a gay couple, they
considered that: "The insured, so-and-so, carried out the duties of
Catholic priest before his death Likewise, the
conditions of his duties presumes that his vow of chastity must be taken
into account.
That because of the forgoing considerations, it was found
to be legitimate to deny the survivor’s pension that was requested, in as
much as the evidence within the case file of the pension request presumes that
the deceased insured person held the position of Priest
We presented a constitutional coverage action case, which was
denied in the first and second instance, but none-the-less the case was
reviewed by the Constitutional Court and by sentence T-716 which was legally
notified on last Friday May 4th, 2012. Which supports the rights of a
surviving partner, ordering the Colombian Social Security Institute to
recognize and pay the survivor benefit pension requested.
Never-the-less there was another unprecedented event found
within the sentence: the high Court found recognized that a gay couple
constitutes a family.
With this case it becomes clear that no institution of the
social security system can presume events of a religious nature to deny rights
and benefits. Colombia is a Secular State and gay priests and their
partners also have rights. The subject of religion is located in the
religious orbit and cannot affect civil rights.
The struggle for our rights also benefits the priests of the
Vatican Catholic Christian Church that whip and flog us in public, them being
the best teachers of double moral standards.
You can see the video of the news at http://www.noticiascaracol.com/nacion/articulo-264606-ordenan-pagar-pension-a-homosexual-fue-pareja-de-un-sacerdote
Germán Humberto Rincón-Perfetti
Awarded the “GOLD BUTTON by the Colombian Medical
Federation
Prize for Academic Teaching Excellence - From the Manuela
Beltrán University
RINCON-PERFETTI International Lawyers and Consultants
Asociación
Líderes en Acción The Leaders in Action Association
www.rinconperfettiabogados.com
Bogotá
– Toronto
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