If the magistrates of the Constitutional Court decide not to resolve the issue of same-sex marriage and transfer this responsibility to the Legislative Assembly, they would be turning their backs on the Inter-American Court of Human Rights, which in January forced the Costa Rican State to assure gay couples the same rights as heterosexual couples.
This was indicated by Luis Salazar, presidential commissioner on LGBTIQ issues, through their social networks. Salazar said that the possibility of the magistrates passing the issue to the plenary overwhelms him with enormous concern, and indicated that this process would not be legally correct.
If the Constitutional Chamber decided to refer the matter to the Assembly so that it decides which figure it recognizes and which it does not, it would be ignoring the Advisory Opinion that says that all the legal figures (common law marriage and marriage) should protect both heterosexual and same-sex couples,”
wrote Salazar on Monday morning.
The Constitutional Chamber reported that its magistrates will resolve two amparo writs in the first half of August. These processes intend to declare those articles that prohibit same-sex marriage as unconstitutional.
The fact of referring the matter to the Legislative Assembly would imply maintaining a current norm in our ordinance that is discriminatory, contrary to the American Convention on Human Rights and the Political Constitution itself. When this happens, the Constitutional Chamber can declare a norm as unconstitutional and unconventional. It does not require further actions by other powers, unless it believes it’s a constitutional norm,”
added Salazar.
Organizations and collectives, gathered in a Movement for Equal Marriage, have put pressure in recent days for magistrates to decide in favor of these unions. Last Saturday, they held a demonstration in the Plaza de la Justicia to demand their rights.
Former presidents, ministers, magistrates, legislators, and other former government officials signed the Declaration for equality and non-discrimination of same-sex couples, promoted by the Presidential House. This document recognizes the authority of magistrates to make a final decision on the controversial issue.