No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeHuman rightsVIDEO: Will Costa Rica recognize this same-sex marriage?

VIDEO: Will Costa Rica recognize this same-sex marriage?

The Inter-American Court of Human Rights (CIDH) ruled Jan. 9 that all member states, including Costa Rica, must recognize same-sex marriage, and endow those unions with the same rights that heterosexual couples enjoy. However, on Jan. 20, Costa Rica’s Superior Notary Council prohibited its members to carry out same-sex marriages until there’s a legislative reform in Costa Rica.

That didn’t stop a Colombian-Costa Rican couple who were married in March 2016 in Colombia and now reside in Costa Rica from heading to the Supreme Elections Tribunal (TSE) to register their marriage abroad. They’re hoping for a positive result after previous attempts were rejected by Costa Rican authorities.

Manuel Abarca, a Costa Rican psychologist, and Sergio Montealegre, a Colombian business manager, have long been linked with social causes and activism, mostly focused on the LGBTI community.

Abarca works with civil organizations on the topics of sexual and reproductive rights and LGBTI communities; as for Montealegre, he has worked for the Humanist Institute for the Cooperation of Developing Countries (HIVOS) since 2015, where he leads a project focused on Costa Rica. Like Abarca, Montealegre works on the issues sexual rights, HIV and diversity in Latin America.

Abarca and Montealegre met in Costa Rica, brought together by their common work interests.

“My previous job required travel through Central America, and on one of those trips I met Manuel here,” Montealegre recalled. “Some time afterwards we saw each other again, and that’s where our relationship started. One day I told him we should get married, but it obviously had to be in Colombia. It was an ongoing debate over there… until 2016, when the Constitutional Court determines that same-sex marriage is legal in Colombia.”

They married in Colombia in 2015, both in a civil service and in the Anglican Church.

“I’m Anglican; the Anglican Communion is very broad. The [Anglican Church] in Colombia is very open to LGBTI. Within their concept, if the [same-sex] marriage is established or legalized in the country, that also applies to Anglican marriage,” Montealegre said.

“An Anglican bishop married us in Colombia, so we had a civil and a religious marriage,” Abarca told The Tico Times.

Following their wedding, the couple, now residing in Costa Rica, tried to register their marriage here. Costa Rican authorities denied their request, citing a “lack of jurisprudence” on gay marriage.

Following the Inter-American Court ruling this month, they went back to the TSE for another attempt.

“We tried to register it here [before] and they didn’t even receive our papers, but just the other day they did receive them,” Montealegre said.

Same Sex Marriage
Jonathan Jiménez / The Tico Times

The fact that they are legally married abroad has allowed the couple to enjoy some of the rights of a heterosexual couple in Costa Rica.

“For example, the loan for our house is for family income… in an eventual medical appointment with the Caja, we have not had any rejection. At the bank we haven’t had any rejection either as in a public space,” Abarca said.

“Even before the Inter-American Court’s resolution, the systems have, bit by bit, been adjusting to a process in a natural way that transcends other rights,” Montealegre told The Tico Times with a smile.

Throughout this process, human rights lawyer Larissa Arroyo has been accompanying te couple.

“In Costa Rica the paperwork had not been accepted… and that’s really serious,” Arroyo told The Tico Times in a phone interview. She explained that the new ruling “makes the Supreme Elections Tribunal (TSE) receive the documentation to examine it and determine if it can effectively be registered.”

She said that while institutions such as the Superior Notary Council may continue to create obstacles for marriage equality, she feels confident the country will make progress on this topic.

Same Sex Marriage
Courtesy of Larissa Arroyo

“It’ll take some time to adjust, but I’m sure we’ve taken a step forward,” she said. “Once these rights for LGBTI people have been recognized, there’s no way to go backwards. What we have to do is wait and work on the mechanisms to access these rights that have finally been recognized for LGBTI people.”

For Abarca and Montealegre, this is a topic that transcends any religious belief and is merely a matter of basic human rights.

“This transcends religious norms. We hope that people understand that it’s a matter of rights. Human rights. Civil rights,” Montealgre said.

When the couple’s papers were accepted by the TSE on Jan. 18, officials told the couple the registration process will take a month, as usual, and that the couple will be informed via email.

What will that resolution be? Only time will tell. Stay tuned.

Trending Now

Canada is now the fastest growing source of tourists to Costa Rica

More Canadians are flying to Costa Rica this year than at any point on record, and the gap between them and every other market...

Hearing in Costa Rica’s Biggest Fraud Case Keeps Failing to Start

Nearly seven years after the collapse of the brokerage Aldesa, the court proceeding that will determine whether 23 people stand trial has still not...

Messi Retires from Argentina After 20 years with the National Team

Lionel Messi announced today that he is retiring from the Argentina national team, closing a 20-year international career that ended with a World Cup...

Hilton Signs Luxury Resort and Residences Next to Manuel Antonio Park

Hilton has signed an agreement for its first LXR-branded property in Costa Rica, a seven-story luxury resort paired with 116 private residences on a...

Rain Returns to Costa Rica Tonight on Ground That Cannot Take Much More

More rain is coming tonight, and where it lands matters more than how much falls. Tropical Wave (a stretch of unsettled air that moves...

Wildlife Trafficking in Costa Rica Moves onto Social Media

Currently unknown numbers of wild animals are illegally pulled from Costa Rica's forests, rivers and coastlines every year, according to the Attorney General's Office,...

Climate Change May Be Intensifying El Niño, 1,000-Year Coral Study Finds

Records preserved in coral skeletons dating back 1,000 years show that El Niño events are becoming more intense as the planet warms, with major...

Climate Change Could Dull the Brilliant Blue of Costa Rica’s Morpho Butterflies

One of Costa Rica’s most recognizable butterflies could become a little less brilliant as temperatures rise. A new study found that unusually hot temperatures...

National Geographic Names Costa Rica a Forest Bathing Paradise

National Geographic has named Costa Rica one of five places in the world to experience forest bathing, the practice of walking slowly through a...
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel