Recognition of same-sex unions in Costa Rica

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Same-sex marriage Same-sex marriage legislation Timeline of same-sex marriage Recognition of same-sex unions in Europe Marriage privatization Civil union Domestic partnership Listings by country
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Same-sex civil unions are not legal in the Central American nation of Costa Rica; however, the issue is being considered by the Legislative Assembly. The gay rights group The Diversity Movement has submitted a bill to the Legislative Assembly seeking to gain greater rights for same-sex couples. The bill however does not legalise same-sex marriage nor does it legalise gay adoption, which are considered much more controversial.^[1]

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.^[2]

Civil unions

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.^[3] 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 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 non-gay majority limiting their rights and increasing their discrimination.

It is now the responsibility of Costa Rica's Congress to legislate in the matter, but the bill previously submitted to the Congress has not yet been scheduled for discussion.

See also

• LGBT rights in Costa Rica

References

1. ^ "COSTA RICA: Congress to Study Bill on Homosexual Civil Unions - IPS". Ipsnews.net. September 19, 2006. http://ipsnews.net/news.asp?idnews=34776. Retrieved October 28, 2010. 
2. ^ [1]
3. ^ http://www.ticotimes.net/+(May 12, 2009). "Costa Rica, Nicaragua Daily News–The Tico Times, Same-sex union advocate slams Costa Rica church for stoking opposition". Ticotimes.net. http://www.ticotimes.net/dailyarchive/2009_05/0512093.htm. Retrieved October 28, 2010.