The case arguing for the legalization of gay marriage was brought before the court in 2003 by Costa Rican lawyer Yashin Castrillo Fernandez, who claimed limiting marriage to persons of the opposite sex was discriminatory. The high court rejected his arguments in a 5-2 ruling.
The justices said that the alleged discrimination does not exist, because “the concept of marriage embraced by the Political Constitution stems historically from a context where it is understood to be between a man and a woman.”
Chief Justice Luis Fernando Solano suggested that the issue be taken up by the Costa Rican parliament in order to come up with a specific law for “civil unions.” Notivida reported that most of the justices agreed that the court could issue a different ruling in the future if changes to the law were enacted.
While Costa Rica the population of Costa Rica is over three fourths Roman Catholic, Solano says that “juridical, and not religious, principles were applied in the ruling.” Should civil union legislation be raised Costa Rican lawmakers could find opposition from the Church. Cardinal Alfonso Lopez Trujillo, president of the Pontifical Council for the Laity, has repeatedly said that legal recognition of civil unions is the first step towards legalizing homosexual marriage.
.- The Notivida news agency is reporting that the Supreme Court of Costa Rica has declared homosexual marriage to be unconstitutional.