The Constitutional Chamber already set a date to announce the resolution of the unconstitutionality action against the articles of the Family Code and the Young Person’s Law that prevent gay marriage.
The Chamber informs the public that in the first half of next month it will resolve the action of unconstitutionality number 13-13032-0007-CO against articles 242 of the Family Code and 4 subsection m) of the Young Person’s Law, as well as action number 15-13971-0007-CO against subsection 6) of article 14 of the Family Code,”
indicated the court in a press release.
The ruling of the Inter-American Court of Human Rights (IACHR), of mandatory compliance, establishes that the country must guarantee the same rights heterosexuals have always enjoyed to same-sex couples as well.
In May, the Supreme Court of Elections stated that it cannot register homosexual marriages because the Costa Rican legislation prohibits it.
In its ruling, the TSE maintains that its task is not to dictate the guidelines that must be fulfilled so that people of the same sex can get married and that, before approving this type of unions, paragraph 6 of the Article 14 of the Family Code had to be modified. That numeral establishes that marriage between persons of the same sex is legally impossible.
In our legal system, only the Constitutional Chamber (…) or the Legislative Assembly (…) [can change that] Once the regulation is deleted, the registration will have retroactive effects for the benefit of the parties,”
argued the TSE.