Constitutional
Court Says No To Common Law Unions
Between Homosexuals
The Sala Constitucional has rejected the
possibility of recognizing common law unions
between persons of the same sex.
The ruling by the Court flatly rejected an
action of unconstitutionality against the
Código de Familia (Family Code), which in
actuality reads that a common-law union
between a man and a woman having legal
capacity to marry, for more than three
years, have the same rights as if married.
The intent of the action by lawyer Yashín
Castrillo Fernández was to eliminate the
"man and woman" provisions of the Code,
replacing "entre personas" (between
persons).
The magistrates not only refrained from
making that change, but kept the phrase
"having legal capacity to marry."
The lawyer believes the change would
legitimize the de common law union for the
enjoyment of a pension if the partner dies,
and even social security, despite the fact
that there is an impediment to the marriage.
Castrillo is the same lawyer that in 2003
presented an action of unconstitutionality
against the Family Code which prohibits
marriage between persons of the same sex.
The court decision does not impede persons
of the same sex living together.
The prohibition contained in the legislation
in question relates specifically to the
institution called marriage.
2002 - 2009
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