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Insidecostarica.com - San José, Costa Rica  -   Wednesday  24  May 2006

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Costa Rica
  Constitutional Court Says "NO" To Gay Marriages
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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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