Inter-American Court endorses same-sex marriage

Agence France-Presse

Posted at Jan 10 2018 07:22 AM

SAN JOSE, Costa Rica - The Inter-American Court of Human Rights has ruled that same-sex marriage should be recognized, delivering a verdict binding on most Latin American states -- some of which still hold traditionalist views opposing such unions.

The decision, published Tuesday, was in response to a motion lodged by Costa Rica in May 2016.

States that are signatories to the American Convention on Human Rights adopted in 1969 are required to adhere to the court's rulings.

Several of them already do recognize homosexual marriages, including Argentina, Brazil, Colombia and Uruguay.

Others, such as Chile and Ecuador, currently recognize same-sex civil unions but not marriages. 

And some countries, such as Bolivia, Paraguay and Peru acknowledge neither.

Venezuela, which does not recognize same-sex marriage, has withdrawn from the convention.

The United States and Canada, although part of the Organization of American States that the Inter-American Court of Human Rights is part of, have not ratified the convention, but both accept same-sex marriages.

The ruling from the Costa Rica-based court said homosexual married couples should have the same rights as heterosexual ones existing under each country's laws.

As such, it said it was inadmissible and discriminatory for a separate legal provision to be established just for homosexual marriages.

The court acknowledged that some states would face institutional difficulties in bringing in the right for same-sex couples to marry, noting that often opposition was based on religious criteria.

That reflected the fact that many Latin Americans identify as Catholic.

But the court said that "in democratic societies, there should exist mutually peaceful coexistence between the secular and the religious," with neither interfering with the other.

Costa Rica's legislation does not currently permit same-sex marriage, although there is recognition of economic and property rights for same-sex couples.