The present study provides a critical analysis of Chilean crime of sodomy from sexual orientation discrimination perspective. Even though Constitutional Court Sentence Rol 1683-2010-INA hold that statute does not violate Constitution, the new Chilean Antidiscrimination Act and the Inter-American Court of Human Right's case Atala Riffo and daughters vs. Chile provide good reasons to consider prohibition of discrimination on grounds of sexual orientation as norm implicitly expressed in the Chilean Constitution.