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Same-sex marriage in Costa Rica

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Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

Same-sex marriage is expected to soon become legal in Costa Rica, following a January 9, 2018 ruling by the Inter-American Court of Human Rights, according to which, American Convention on Human Rights signatory countries are required to allow it. The Government subsequently announced that it will abide by the ruling.

Civil unions

Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Foreign same-sex marriages recognized
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but not enforced
  Same-sex sexual activity illegal only for males
  Same-sex sexual activity illegal for males and females

The issue of recognising legal unions between two members of the same sex has been debated off-and-on since 2007, with the debate resurfacing in May 2009 and creating strong controversy due to the nation's strong Catholic influence.[1]

During 2008, a group opposed to same-sex unions in Costa Rica requested the Costa Rican electoral authority, Tribunal Supremo de Elecciones, TSE, to organize a referendum on the subject. Most organizations supporting same-sex civil unions in the country opposed such action. On October 1, 2008, the TSE authorized the group to start collecting the signatures (5% of registered voters) required by law to authorize the referendum. By July 2010, the required signatures were collected and the TSE started the process with the intent to hold the referendum on December 5, 2010. In the meantime, several organizations and individuals, including the Ombudsman Office of Costa Rica requested the Supreme Court to analyze the legality of the proposed referendum. On August 10, 2010, the Supreme Court declared unconstitutional the organization of such a referendum. The court concluded that same-sex couples constitute a minority group with disadvantages which are currently subject to discrimination and that allowing a referendum regarding their rights will expose them to the risk of having a non-gay majority limiting their rights and increasing their discrimination. It is now the responsibility of Costa Rica's Congress to legislate a civil unions law, however, as of December 2012, opponents have continuously blocked debate on it.[2]

On July 2, 2013, the Legislative Assembly unanimously passed a measure that could legalize same-sex civil unions as part of a larger bill reforming the Law of Young People. The passing of the bill was widely acknowledged to be a mistake on the part of legislators who were not aware of its implications; those voting for the bill included legislators vocally opposed to LGBT rights. The mistake, however, did not impact the legality of the bill. The bill changes article 22 of the Law of Young People to recognize: "The right to recognition without discrimination contrary to human dignity, social and economic effects of domestic partnerships that constitute publicly, notoriously unique and stable, with legal capacity for marriage for more than three years." The bill also changes the country's Family Code to allow couples who have been living together for three or more years to be recognized as having a common-law marriage, which would grant them the benefits of legal partners such as alimony.[3] The final approved version of the bill didn't include marriage as being between members of the opposite-sex.[4] On July 4, 2013, Costa Rica President Laura Chinchilla signed the bill into law. A statement from the Minister of Communication said that it was not up to her to veto that bill and that the responsibility for interpreting it lay with legislators and judges.[5]

In July 2013, a same-sex couple filed an appeal with the Supreme Court of Justice of Costa Rica asking that their union be recognized under the new law. Gay rights activists reacting to the law said it needs to survive a constitutional challenge in court.[6][7] Some constitutional lawyers stated that same-sex couples will "still lack legal capacity" to formalize their unions, despite passage of the bill.[8]

On December 3, 2014, Vice President Ana Helena Chacón Echeverría confirmed that four same-sex union proposals would be debated starting in January 2015. President Luis Guillermo Solís said on November 27 that he supports a coexistence initiative that would grant couples economic rights and not any of the union proposals that equate to marriage.[9] In mid-March 2015, two government proposals were submitted and studied. On August 12, 2015, the Government sent a partnership proposal to the Legislative Assembly extraordinary sessions. The proposal seeks to make Article 242 of the Family Code's definition of cohabitation gender-neutral.[10]

In June 2015, a Costa Rican judge granted a common-law marriage to a same-sex couple, Gerald Castro and Cristian Zamora, basing his ruling on the July 2013 legislation.[11]

Same-sex marriage

On May 23, 2006, the Supreme Court ruled against same-sex couples seeking to be legally married. In a 5-2 decision, the court ruled that it was not required by the country's Constitution to recognize same-sex marriage in family law.[12]

On March 19, 2015, a bill to legalize same-sex marriage was introduced to the Legislative Assembly by Deputy Ligia Elena Fallas Rodríguez from the Broad Front.[13] On December 10, 2015, the organization Front for Equal Rights (Frente Por los Derechos Igualitarios) and a group of deputies from the Citizens' Action Party, the National Liberation Party and the Broad Front presented another bill.[14][15][16] The bill was submitted to the Assembly on January 28, 2016.[17]

On February 10, 2016, the Supreme Court of Costa Rica announced it would hear a case seeking to legalize same-sex marriage in the country and declare the same-sex marriage ban unconstitutional.[18]

In December 2016, the Citizens' Action Party (PAC) officially announced its support of same-sex marriage. Its Equal Marriage project calls for same-sex couples to receive the same rights as opposite-sex couples, including adoption.[19] A few days later, President Luis Guillermo Solís, a member of PAC, announced his personal opposition to same-sex marriage.[20] He did, however, restate his commitment to approving a law of coexistence for same-sex couples.

In November 2017, Costa Rica held a conference that focused on the marital rights of same-sex couples across Latin America. Speaking at the conference, Vice President Ana Helena Chacón Echeverría, one of Costa Rica's two vice presidents, announced her support for same-sex marriage.[21]

Recognition of marriages performed abroad

In April 2017, a Costa Rican citizen and a Mexican citizen who had previously wed in Mexico asked the Costa Rican Embassy in Mexico City to recognize their same-sex marriage. However, the Costa Rican Civil Registry denied their request, based on the country's same-sex marriage ban. In May, the couple appealed the Civil Registry's decision, but it again rejected their request in June. The couple has appealed to the Supreme Electoral Tribunal (TSE). They announced that, should the TSE rule against them, they would appeal to the Supreme Court and even to the Inter-American Court of Human Rights.[22][23]

2018 Inter-American Court of Human Rights ruling

On January 9, 2018, the Inter-American Court of Human Rights ruled that countries which are signatories to the American Convention on Human Rights are required to allow same-sex couples to marry.[24][25] The ruling states that:

The State must recognize and guarantee all rights derived from a family bond between persons of the same sex in accordance with the provisions of Articles 11.2 and 17.1 of the American Convention. (...) in accordance with articles 1.1, 2, 11.2, 17 and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry. (..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.

The ruling also set binding precedent for 15 other American countries, who have all ratified the Convention and accepted the Court's jurisdiction, namely Barbados, Bolivia, Chile, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Suriname.

The Costa Rican Government announced that it will abide by the ruling.[26][27] Vice President Ana Helena Chacón Echeverría said that the ruling will be adopted in "its totality". The Foreign Ministry notified the Judiciary, the Supreme Electoral Court (responsible for the Civil Registry) and the Legislative Assembly about the ruling on January 12.[28][29]

The first same-sex couple was scheduled to get married on January 20. However, on January 18, the Superior Council of Notaries stated that notaries cannot perform same-sex marriages until provisions in the Family Code prohibiting such marriages are changed by the Parliament or struck down by the Supreme Court.[30][31] This put the Council at odds with the Government and the Inter-American Court of Human Rights, which stated in its ruling that legislative change is unnecessary.[32] The couple announced their intention to challenge the Council's decision to the Constitutional Chamber of the Supreme Court.[33] Minister of Justice Marco Feoli reiterated the Government's position that the IACHR ruling is fully binding on Costa Rica.[34]

On January 24, the Center for Justice and International Law (Cejil) asked the Constitutional Chamber of the Supreme Court to rule on the issue quickly.[35] On January 25, the Superior Council of Notaries clarified its position, stating that notaries can't perform same-sex marriages until the Civil Registry issues guidelines on the registration of such marriages.[36]

Reaction

Costa Rica has long been committed to the Inter-American juridical system, and the Constitution of Costa Rica specifically states that the country's international agreements take precedence over national laws. The Costa Rican Supreme Court has repeatedly ruled that the Inter-American Court of Human Rights is the definitive interpreter of the American Convention on Human Rights, and that all of that Court's rulings are fully binding on Costa Rica.[37]

LGBT activists and human rights groups celebrated the decision of the IACHR, while the Catholic Church and evangelical groups condemned it.[38]

Most of the candidates in the February 2018 presidential elections announced their support for or willingness to respect the IACHR ruling, with the exception of Fabricio Alvarado, Stephanie Campos and Mario Rendondo, all of them from minor Christian parties. Other candidates had already been in favor of same-sex marriage before the IACHR ruling, including former minister Carlos Alvarado from the governing Citizens' Action Party, left-leaning deputy Edgardo Araya and labor union activist Jhon Vega. The rest of the candidates signalled that they were personally opposed to same-sex marriage but willing to accept the Court's ruling.

Fabricio Alvarado, an evangelist of the National Restoration Party, claimed that the Court had "violated" Costa Rica's sovereignty. In the days following the IACHR ruling, Alvarado began polling in first place with 17%, up from 3-5% prior to the ruling.[39] Pro-same-sex marriage Carlos Alvarado also incresed his support notably.[40]

The ruling was met with outrage among conservative and evangelical groups, who said that the Court had disrespected Costa Rica's laws. Some opponents of the ruling called for the country to leave the jurisdiction of the Court, which would require a constitutional amendment.[41] Constitutional amendments require a two-thirds majority in the Legislative Assembly.[42]

In the 2018 elections, Fabricio Alvardo received 25% of the vote. PAC's candidate Carlos Alvarado Quesada came second with 22%. A runoff between the two candidates is scheduled for 1 April 2018. Voters also elected a new Legislative Assembly. PAC and the Broad Front, which support same-sex marriage, together won 11 legislative seats. The National Liberation Party, the Social Christian Unity Party and the National Integration Party (30 seats) announced they would obey and respect the ruling. Their presidential candidates all expressed their personal opposition to same-sex marriage (with the exception of Juan Diego Castro Fernández of the Integration Party), but affirmed that they would respect the IACHR ruling. The National Restoration Party and the Social Christian Republican Party (16 seats) expressed disapproval at the ruling, and stated that they would seek to leave the jurisdiction of the Court.[43]

Several supporters of the ruling, including Juan Diego Castro, have cited a 2016 court decision regarding the legalisation of in vitro fertilisation (IVF), in which the IACHR ruled that presidential and/or governmental decrees are sufficient to implement its decisions, and that local legislation is not required.[43][44]

Public opinion

A poll conducted between January 4 and 10, 2012, by La Nación showed that 55% of Costa Ricans support the statement "same-sex couples should have the same rights as heterosexual couples" while 41% were opposed. Support was higher in people aged 18–34 with 60% supporting equality.[45]

According to Pew Research Center survey, conducted between November 9 and December 19, 2013, 29% of Costa Ricans supported same-sex marriage, 61% were opposed.[46][47]

A poll carried out in August 2016 by the Centro de Investigación y Estudios Políticos (CIEP) indicated that 49% of Costa Ricans opposed the legal recognition of same-sex marriage, while 45% supported it. 6% were unsure.[48]

See also

References

  1. ^ "Costa Rica, Nicaragua Daily News–The Tico Times, Same-sex union advocate slams Costa Rica church for stoking opposition". Ticotimes.net. May 12, 2009. Retrieved October 28, 2010.
  2. ^ "Opponents Block Debate On Gay Unions In Costa Rica". On Top Magazine.
  3. ^ Kuo, Lily. "Costa Rica could be the first Central American country to allow gay civil unions—by accident".
  4. ^ "Costa Rica Accidentally Approves Same-Sex Unions". The Huffington Post. July 3, 2013. Retrieved July 5, 2013.
  5. ^ Template:Es icon Presidenta ya firmó ley que podría legalizar derechos a homosexuales
  6. ^ "Costa Rica Passes Legislation Permitting Gay Civil Unions -- By Accident". Fox News Latino. July 5, 2013. Retrieved July 6, 2013.
  7. ^ "Costa Rican legislature accidentally passes gay marriage legalization". Tico Times. July 3, 2013. Retrieved July 6, 2013.
  8. ^ Costa Rican lawyers claim ‘accidental’ bill does nothing for same-sex unions
  9. ^ "Gobierno convocará proyecto de unión gay al Congreso en enero, confirma vicepresidenta - Crhoy.com".
  10. ^ www.diarioextra.com. "Diario Extra - Buscan reformar Código de Familia para aprobar unión gay". www.diarioextra.com.
  11. ^ "Costa Rica Recognizes First Gay Common-Law Marriage With Central America's First Legally Recognized Same-Sex Relationship". June 3, 2015.
  12. ^ "High Court Rules against Same-Sex Marriage".
  13. ^ Template:Es Proyecto de ley N.°19.508
  14. ^ Template:Es Proyecto de organizaciones sociales para Matrimonio Igualitario ya está en la Asamblea Legislativa
  15. ^ Template:Es 12 Diputados respaldan proyecto de ley para permitir matrimonio gay
  16. ^ Template:Es Proyecto de Ley Matrimonio Igualitario by Frente Por los Derechos Igualitarios
  17. ^ "Proyecto de ley N.° 19852".
  18. ^ Template:Es icon Sala IV admite para estudio 2 recursos de inconstitucionalidad contra prohibición de matrimonio gay
  19. ^ Template:Es icon Matrimonio igualitario quiebra a la fracción legislativa del PAC
  20. ^ Template:Es icon Presidente de Costa Rica no apoya matrimonio igualitario
  21. ^ "Costa Rica vice president champions LGBT, human rights". Washington Blade. November 13, 2017.
  22. ^ Template:Es icon Tico busca que su matrimonio con mexicano sea reconocido en Costa Rica
  23. ^ Template:Es icon Tico pide que Costa Rica le reconozca matrimonio homosexual con mexicano
  24. ^ "Inter-American Court endorses same-sex marriage; Costa Rica reacts". Tico Times. Retrieved January 12, 2018.
  25. ^ Andres Pretel, Enrique. "Latin American human rights court urges same-sex marriage legalization". Retrieved January 12, 2018.
  26. ^ "Corte Interamericana de DD. HH: Costa Rica debe garantizar plenos derechos a población LGBTI". Teletica. January 9, 2018. Retrieved January 9, 2018.
  27. ^ Ramírez, Luis (January 9, 2018). "Implementar matrimonio gay como pide Corte IDH no requiere del Congreso, según gobierno". Amelia Rueda. Retrieved January 9, 2018.
  28. ^ "Costa Rica's Foreign Ministry Initiates Notification Process To Execute Court Order On Gay Marriage". Q Costa Rica. January 12, 2018. Retrieved January 13, 2018.
  29. ^ López, Ronny (January 12, 2018). "Gobierno ordena a instituciones aplicar criterio de CIDH sobre matrimonio gay". AM Prensa. Retrieved January 14, 2018.
  30. ^ Oviedo, Esteban (January 19, 2018). "Consejo Notarial prohíbe a notarios celebrar matrimonios gais". La Nación. Retrieved January 20, 2018.
  31. ^ Pretel, Enrique Andres (January 19, 2018). "Costa Rica's first gay marriage suffers bureaucratic hitch". Reuters. Retrieved January 20, 2018.
  32. ^ Template:Es icon Implementar matrimonio gay como pide Corte IDH no requiere del Congreso, según gobierno
  33. ^ Recio, Patricia (January 19, 2018). "Pareja gay cancela matrimonio por prohibición de Consejo Notarial y acudirá a la Sala IV". La Nación. Retrieved January 20, 2018.
  34. ^ Sequeira, Aarón (January 19, 2018). "Ministro de Justicia llama a cuentas a directivo notarial que prohibió celebrar matrimonios gais". La Nación. Retrieved January 20, 2018.
  35. ^ "Cejil pide a Sala Constitucional de Costa Rica fallo sobre matrimonio gay". January 24, 2018.
  36. ^ "Dirección de Notariado espera orden del Registro Civil para dar luz verde a matrimonio gay - Semanario Universidad". January 26, 2018.
  37. ^ Inverting Human Rights: The InterAmerican Court versus Costa Rica
  38. ^ "Comunidad LGBTI celebra en la Fuente de la Hispanidad determinación de la Corte IDH".
  39. ^ Template:Es icon Candidato evangélico reconoce que oposición a matrimonio gay le catapultó
  40. ^ Arrieta, Esteban (January 16, 2018). "Derechos gais elevan acciones del PAC y Restauración". La República. Retrieved January 17, 2018.
  41. ^ "¿Respetarían los candidatos la orden de la Corte IDH sobre matrimonio igualitario?".
  42. ^ Costa Rica's Constitution of 1949 with Amendments through 2011
  43. ^ a b Template:Es icon ¿Respetarían los candidatos la orden de la Corte IDH sobre matrimonio igualitario?
  44. ^ New Court Ruling Challenges IVF Ban in Costa Rica
  45. ^ Ávalos, Ángela (February 12, 2012). "55% a favor de igualdad en derechos". La Nación (in Spanish). Retrieved February 13, 2012.
  46. ^ "Chapter 5: Social Attitudes". November 13, 2014.
  47. ^ "Appendix A: Methodology". November 13, 2014.
  48. ^ Template:Es icon Se mantienen actitudes conservadoras en Costa Rica sobre matrimonio igualitario y Estado laico
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