Marriage battle continues in Latin America, with more wins for our side

Posted on 11 Aug 2010 at 1:17pm

The Mexico Supreme Court ruled last week that a Mexico City law, passed by legislators there earlier this year, is constitutional. The ruling came in a challenge to the new law pressed mainy by the country’s Roman Catholic religious leaders.

In another victory for LGBT civil rights, the Mexican Supreme Court ruled yesterday (Tuesday) that same-sex marriages performed legally in Mexico City must be legally recognized throughout the country, even though other Mexican states have not legalized gay marriage.

Mexico’s Supreme Court was expected to rule Thursday on an appeal of another law — passed by the Mexico City Legislature the same day that lawmakers legalized gay marriage there — that gives same-sex couples the right to adopt.

And today comes word that the Supreme Court of Costa Rica has ruled that a referendum that had been set to go to voters on Dec. 5 and that would have banned legal recognition of same-sex civil unions is unconstitutional.

“Minority rights that are derived from claims against the majority cannot be subject to a referendum process where majorities are needed,” the court said in a statement, according to Inquirer.net.

The referendum, again pushed by the Catholic Church, had come in response to draft legislation, introduced in 2008, that would give Costa Rican gays and lesbians access to legal civil unions that would carry some of the legal rights of marriage, including inheritance, health benefits and the right to hospital visitation in the event of injury or illness. The legislation has been stalled since it was introduced.

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