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Constitutional Court Says "NO"
To Gay Marriages
A majority of the justices of
the Sala Constitucional or Sala
IV as it is commonly known,
rejected the possibility of gay
marriages, saying that Article
14, section 6, of the Código de
Familia (Family Code) does not
violate Article 28 of the
Constitución Política (Political
Constitution) that allows equal
rights.
The decision came following an
action of unconstitutionality by
Yashín Castrillo Fernández who
alleges that the Costa Rican
state must adhere to the
international conventions on
human rights and that the
current Código de Familia limits
the principles of equality and
liberty of expression.
The action was supported by
court justices, Adrián Vargas
Benavides and Ernesto Jinesta
Lobo, who saved their vote. The
rest of the justices - the
majority - did not agree with
the action.
A court press release said that
the majority of the justices
considered that Código de
Familia not allowing people of
the same sex to get married does
not breach the country's
constitution as heterosexual
couples are not in the same
situation as homosexual couples.
The court added that the
decision does not mean that a
homosexual couple cannot live
together, just that the Ley
(law) only prohibits marriages
between couples of the same sex.
Castrillo told the press last
night that "with the resolution
the Constitutional Court has
failed to become the protector
of human rights and justice, but
rather a protector of an
ideology based on hypocrisy and
arrogance, in considering that
heterosexuals are superior to
homosexuals".
Castrillo added that he will
take his case to the Corte
Interamericana de Derechos
Humanos (Interamerican court on
human rights).
The Minister of Justice and
Vice-president, Laura
Chinchilla, said in a public
statement that the court
resolution was balanced.
Making up the court justices
that rejected the action by
Castrillo are: Luis Paulino
Mora, Luis Fernando Solano, Ana
Virginia Calzada, Adrián Vargas,
Gilbert Armijo, Ernesto Jinesta
and Fernando Cruz.
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