El Matrimonio igualitario en Ecuador: desafíos jurídicos y vacíos normativos desde la sentencia 11-18-CN/19 de la Corte Constitucional (2019–2025)

Abstract

This study analyzes the legal challenges facing the implementation of same-sex marriage in Ecuador. Although the Constitutional Court recognized it in 2019, regulatory gaps and social resistance persist that limit its effective application. The problem lies in the absence of legal reforms and discriminatory institutional practices that restrict the full exercise of the right to equality and non-discrimination of same-sex couples. The paper examines the Ecuadorian regulatory framework and its legal gaps, and then proposes recommendations aimed at strengthening its application in inclusive public policies. It is developed using a qualitative approach, with a hermeneutical-legal-dogmatic design and the analytical-synthetic method. The unit of analysis consists of the Ecuadorian Constitution, ruling 11-18-CN/19, doctrinal sources, jurisprudence, and comparative regulations from the region. The results show that, although legal recognition of same-sex marriage is consolidated through constitutional jurisprudence, gaps remain in the Civil Code and family law. Furthermore, the results reflect the gap between formal equality recognized in law and substantive equality in its practical application. It is concluded that it is essential to reform civil law regulations, establish clear administrative protocols, and promote inclusive public policies to guarantee the effectiveness of same-sex marriage in Ecuador.