No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeNewsCosta RicaSame-sex marriage will be legal in Costa Rica on May 26. Some...

Same-sex marriage will be legal in Costa Rica on May 26. Some legislators hope to delay it

In the midst of a world that has been focused on containing a pandemic, Costa Rica rapidly approaches a historic milestone.

On May 26, same-sex couples can legally marry in Costa Rica. No specific legislation will be passed that day; instead, articles of the country’s family code that explicitly prevent same-sex marriage will be repealed.

The date is years in the making. In January 2018, the Inter-American Court of Human Rights ruled that all of its signatory countries must allow same-sex marriage. The court’s verdict is binding for many Latin American states, including Costa Rica.

“In democratic societies, there should exist mutually peaceful coexistence between the secular and the religious,” with neither interfering with the other, the court said at the time.

In August 2018, Costa Rica’s Supreme Court of Justice ruled that the prohibition of same-sex marriage is unconstitutional. It gave the Legislative Assembly 18 months to overturn it, or the ban would be overturned by default.

Those 18 months — and Costa Rica’s ban on same-sex marriage — expire May 26, 2020.

Legislators make dubious claim to delay gay marriage

Two-dozen legislators this week asked that the May 26 deadline to allow same-sex marriage “be extended to one that is reasonable … a minimum of 18 months counted after the effects of the pandemic provoked by COVID-19.”

Their motion argued that the Legislative Assembly has been too focused on other projects — including the 2018 fiscal reform and the ongoing coronavirus crisis — to adequately prepare for the new legality.

Regardless of the Legislative Assembly’s decision, the separation of powers between the Legislative Assembly and the Supreme Court of Justice may make the legislators’ motion irrelevant, according to Fabián Volio, a constitutional lawyer, who spoke with La República on the subject.

Similarly, the Ombudsman’s Office issued a statement reminding legislators that Costa Rica is “obligated” to allow same-sex marriage.

“Same-sex marriage is an unquestionable reality,” the Ombudsman’s Office said. “The legal discussion is a thing of the past; today Costa Rica is obligated to accomplish it.

“Any action to oppose it is in violation of human rights and is not compliant with the Inter-American Court and the Constitutional Chamber of the Supreme Court (Sala IV).”

President Carlos Alvarado, whose support for same-sex marriage played a significant role in his election, alluded to the sudden controversy — which led two lawmakers to come to blows — in a Twitter post Tuesday night.

“I do not hide that today I feel sadness,” President Alvarado said. “We need more than ever to move forward in union and not fuel divisions. We must protect people’s health, public finances, and human rights.”

Trending Now

New York marks 100-day countdown to 2026 World Cup with Empire State lighting

New York's Empire State Building was illuminated in the colors of the flags of 2026 World Cup hosts Mexico, Canada and the United States...

Costa Rica Birdwatching Route Network Expands

Costa Rica Tourism officials have been pushing birding as a dedicated segment, leaning on two things birders care about most: species density and logistics....

Costa Rica Women March for Democracy and Rights on International Women’s Day

Women and supporters march in downtown San José today to observe International Women's Day and voice demands for greater rights and protections. The 8M...

Inside Venezuela’s Bull Tailing Culture in the Llanos

When the bull bolts out into the ring, a mad scramble begins as the riders vie to grab its tail and knock it to...

Djokovic says Alcaraz equipped to extend winning streak

Novak Djokovic believes world number one Carlos Alcaraz has what it takes to keep his 2026 winning streak alive, and the Serbian star who...

Home Invasion Forces Canadian Visitors to Leave Costa Rica

A Canadian couple from Nanaimo shared details of an armed home invasion that cut their vacation in Costa Rica short. Louise Fleming and Drew...
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Travel

Latest News from Costa Rica