Court Rejects Same-Sex Marriage In Costa Rica

The Juzgado Segundo de la Familia (Family Court) in San José, rejected the marriage request made last week by the gay couple, Antonio Rodríguez and Eliécer Bermúdez, arguing that the request conflicts with the rules of the Family Code that prevents same-sex couples from marrying.

The gay couple, Antonio Rodríguez and Eliécer Bermúdez, had their application to marry rejected by the Family Court.

Another couple who also made the same request is also waiting reply from the Court that in case of refusal, said would resort to international bodies to have their civil rights enforced.

Judge Arturo Marcheno Rosabal, who issued the decision, noted that paragraph 6 of Article 14 of the Código de Familia (Family Code) states that marriage is legally impossible for same-sex couples and that in this case he had no other alternative but to reject the application.

The other couple filing the same-sex marriage request is Lorenzo Serrano and Alberto González. The filing was on the same day as the Rodríguez/Bermúdez filing and with the same court.

However, another judge was assigned the application, who deferred his decision saying it was a constitutional issue and referred the application to the Sala Contitucional (Constitutional Court) for a consult.

Abelardo Araya, representative of the Movimiento Diversidad (Diversity Movement), who sponsored the couples in their applications, said the Court rejection is another example of "legalized discrimination" that gay people live in Costa Rica.

Araya said he would support the appeal the Family Court's ruling to the Sala Segunda .

The requests, says Araya, are part of the "same name, same rights" movement presented last week to raise the awareness of Costa Rican society to the rights of same-sex couples.

Both the Movimiento Diversidad campaign and a Legislative proposal are two parallel paths to achieve the legal instrument that protects the rights of same-sex couples.

Araya said he expects to motivate more couples to submit the same application to the courts to visualize the situation.