No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeNewsletterCabinet appointment of Lutheran bishop is unconstitutional, says Government Attorney's Office

Cabinet appointment of Lutheran bishop is unconstitutional, says Government Attorney’s Office

The Government Attorney’s Office on Thursday advised Costa Rica’s Constitutional Chamber of the Supreme Court, or Sala IV, that it believes the appointment of Lutheran bishop Melvin Jiménez Marín as presidency minister violates a constitutional prohibition on active religious authorities serving on the presidential Cabinet.

Government Attorney Ana Lorena Brenes stated that President Luis Guillermo Solís’ appointment of Jiménez violates articles 75 and 142 of the Constitution.

The Sala IV had asked the Attorney’s Office to issue an opinion following a constitutional complaint filed in May by Álvaro Orozco Carballo, a lawyer and a Catholic activist.

Paragraph 3 of constitutional Article 142 states that all government ministers must be “members of the secular state” (“ser del estado seglar,” in Spanish), which the complaint interprets to mean that government ministers cannot be active members of religious organizations.

Article 75 of the Constitution says that Roman Catholicism is Costa Rica’s official religion, and the State acknowleges the existence of other religions and the freedom to exercise them in the country.

Solís and Jiménez responded to the complaint in May by saying the constitutional rule only prevents Catholic clergy from serving on the Cabinet, an argument based on past rulings of the Supreme Elections Tribunal, Solís said at the time. Jiménez said he asked for a sabbatical from his episcopal duties at Costa Rica’s Lutheran Church in order to serve in Solís’ administration.

Those statements, argued the Government Attorney’s Office, constitute religious discrimination.

“We think [Jiménez’s appointment] may violate the right to equality by interpreting Article 142 to only apply to Catholic priests. This would be an odious discrimination against Catholic clergy,” Assistant Attorney General Alonso Arnesto said Thursday.

The Attorney’s analysis is not binding on the Sala IV, whose justices have total independence to rule on Orozco’s claim.

Jiménez, 58, resumed his duties this week after a sick leave of seven days. He currently is coordinating the drafting of a report that Solís will present on the first 100 days of his administration.

Solís received the latest news in the northwestern province of Guanacaste, where he is visiting to mark the 190th anniversary of the annexation of the Partido de Nicoya on Friday.

“We’re not overwhelmed [by the opinion],” Solís responded on Thursday evening. “Firstly, we believe there is a way out, regardless of whether Sala IV justices decide to accept the Government Attorney’s analysis. Secondly, we are confident that we have presented a solid case. However, I’m not going to speculate, we will wait for the ruling.”

Jiménez was Solís’ campaign manager and was appointed as presidency minister on May 8. The post is strategic within Solís’ Cabinet, as Jiménez is the coordinator of all other ministers. He also is is the government’s official spokesman and a liaison with the Legislative Assembly.

Trending Now

Massive Cocaine Seizure at Costa Rica’s Moín Terminal Targets UK

Costa Rican police intercepted 810 kilograms of cocaine hidden in a banana shipment at the Moín Container Terminal in Limón headed for the United...

Costa Rica Court Upholds Adults-Only Rule for LGBTIQ+ Pride March Closing Event

In a unanimous decision, Costa Rica’s Constitutional Chamber (Sala IV) has dismissed an appeal challenging the Ministry of Justice and Peace’s reclassification of the...

US Plans Funding for Costa Rica Migrant Deportations

The US State Department plans to allocate up to $7.85 million to assist Costa Rica in deporting migrants, drawing from a fund usually aimed...

Keylor Navas Leads Pumas to Victory in His Liga MX Debut

Keylor Navas kicked off his Mexican league journey with Pumas UNAM in style, leading the team to a 2–0 win over Querétaro at Estadio...

Guatemala’s Gang War Funeral Attack Leaves 7 Dead and 13 Injured

At least seven people were killed and 13 wounded in an armed attack Tuesday night at a funeral in downtown Guatemala City, which authorities...

Costa Rica Food Culture: From Bar Bocas to Fast Food Chains

Once upon a time in Costa Rica, you could walk into a bar, order a beer, and receive a free boca – a small...
L. Arias
L. Arias
Reporter | The Tico Times |
spot_img
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Rocking Chait
Costa Rica Travel

Latest News from Costa Rica