Principle of equality and prohibition of discrimination based upon gender identity and sexual orientation

Luz Nelly Jiménez Cabeza v. Carlos Alberto Brochero Bottia & another

Date:  07/26/2019

Judge-Rapporteur:  Gloria Stella Ortiz Delgado 

Dissent:  José Fernando Reyes Cuartas (partial)

Facts.  The plaintiff filed a legal action against the owner of a business establishment requesting the protection to her sexual rights, equality, dignity, and non-discrimination, allegedly violated by the business owner when demanded her and her partner of the same sex, to leave the establishment due to the expressions of affection they had in the place, which were not described as obscene  She argued that such conduct entailed an act of discrimination based on diverse sexual identity, since the claim was not extended to heterosexual couples in the place.

Issue:  Do behavior restrictions imposed on persons based on their gender identity and sexual orientation violates the constitutional principle of equality? 

Ruling and reasoning. Yes. The Court found that the conduct of the owner of the business violated the fundamental rights to human dignity, free development of personality and personal privacy of the plaintiff. all of which protect the gender and sexual orientation decisions of the persons.

The protection was GRANTED, and the defendant was ordered to submit a written and private excuse to the plaintiff, in addition to taking all the necessary actions to allow her to access and stay in the commercial premises, without being imposed restrictions or prohibitions derived from their diverse sexual orientation and preferences.  The Chamber of Commerce of Barranquilla was also urged to share this decision with individuals and business establishments registered in its database.