The objective of this research is to determine the applicability or not of the constitutional and universal rights of equality and non-discrimination in same-sex marriage. It is a descriptive, exploratory, legal, doctrinal, jurisprudential and comparative study of the sentences of the Constitutional Court of Ecuador: Sentence N.- 10-18-CN/19, Judge Rapporteur: Alí Lozada Prado (Same-sex marriage); Ruling N.- 11-18-CN/19, Reporting Judge: Ramiro Ávila Santamaría (Equal Marriage). In conclusion, following the line of argument of David Cameron, (Prime Minister of Great Britain), "every conservative values institutionality and commitment above many things, it is human bonds and the construction of these that consolidate us as a society and the legalization of equal marriage not only encourages the construction of bonds between same-sex couples but also enables a tolerant and vindicating commitment between the majority society and a population group that has undeniably been discriminated and segregated over the years".