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Costa Rica anti-marriage initiative declared unconstitutional

Timothy Kincaid

August 10th, 2010

The Catholic Church in Costa Rica, though a political organization they sponsor, had collected enough signatures to put a proposition on the ballot to ban recognition of same-sex couples. The supreme court of that country has now declared that proposition unconstitutional. (Nacion)

The Constitutional Court was brought down on the referendum on the draft law on same-sex, which was scheduled for December.

By a majority of five votes, the Constitutional Court upheld the protections that have accrued against the decision of the Supreme Electoral Tribunal (TSE) of collecting signatures to organize such a referendum.

And why?

On the merits, the majority considered that the rights of minorities that arise from anti-majoritarian claims can not be subjected to a referendum process that is all about majority.

This does not mean that the court ruled for marriage equality. Indeed, in 2006 the court ruled that there was no constitutional right to same-sex marriage. However, the legislature is considering civil unions, and this clears their way to do so unencumbered by a reversing referendum.



August 10th, 2010 | LINK

yes! yes! yes! long way to full equality, but today was a positive day in latin america!

L. Junius Brutus
August 10th, 2010 | LINK

The decision sounds strikingly similar to Romer v. Evans: overturning people-adopted restrictions on gay rights, without mandating those rights.

August 10th, 2010 | LINK

Drop, drop, drop…

It’s like dominoes falling all around the world!

August 10th, 2010 | LINK

Canada, La Argentina and México have same sex marriages recognized nationwide. Now even Costa Rica is trending towards equality. When will the United States catch up?

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