Abstract

By ruling of April 27, 2021, Chile’s Constitutional Court declared inapplicable as unconstitutional the article 54, No. 4, of the Civil Marriage Law that contained the grounds for divorce due to homosexual conduct. This article reviewed the cause of divorce due to homosexual behavior, finally repealed in Chile, in order to reflect on the substance of the sentence, the evolution of the norm and the impact on the recognition of the principle of equality and non-discrimination regarding the heteronormative norms present in the Chilean legal system. Consequently, this article 1) analyzed the situation of divorce due to homosexual behavior in light of the principle of non-discrimination, 2) raised clarifications and objections to the text of the Constitutional Court ruling from the parameter of International Human Rights Law, and 3) contextualized the decision with the demands of LGBTI groups and organizations in Chile. It is thus stated that, although there is progress, the normative challenges to achieve respect for the right to equality and non-discrimination, from the Human Rights approach, are even greater.