Costa Rica To Comply With International Court Ruling For Same-Sex Marriage, Many Other Nations Pending

The BBC reports:

The Inter-American Court Of Human Rights has ruled that same-sex marriages should be recognised. The court’s rulings apply to countries which have signed the American Convention on Human Rights. Some of the signatories already recognise same-sex marriages while others recognise same-sex civil unions. But others, such as Bolivia, Cuba, Dominican Republic, Honduras, Paraguay and Peru do not recognise either and will be expected to change their laws.

The court was established by the regional body, the Organization of American States (OAS), and signatories to the Inter-American Convention on Human Rights are bound by its rulings. The judges issued the ruling in response to a motion brought by Costa Rica. The Central American government asked the court to give its opinion on whether it had an obligation to extend property rights to same-sex couples. The court ruled that it did.

The Costa Rican government also wanted to know whether it should allow transgender people to change their name on their identity documents. Again, the court ruled that it should. Costa Rica’s Vice-President Ana Helena Chacón welcomed the court’s ruling, saying it would be adopted “in its totality”.

More from the Washington Blade:

The Organization of American States created the Costa Rica-based court in 1979 in order to enforce provisions of the American Convention on Human Rights. Tuesday’s ruling is legally binding in Costa Rica and 19 other countries — Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname and Uruguay — throughout the Americas that currently recognize the convention. Barbados along with Jamaica and Trinidad and Tobago, are among the countries in the Western Hemisphere in which consensual same-sex sexual relations remain criminalized. The court’s ruling nevertheless coincides with the continued expansion of marriage rights for gays and lesbians throughout the region.

It will be very interesting to see which member nations decide to battle this ruling. Celebratory photos from Costa Rica can be seen here.

  • DaddyRay

    Some good news

  • AmeriCanadian

    I don’t see acceptance in most of the Caribbean island nations. I’ve been to several of them and none of them have felt welcoming. The laws can change but the people’s attitudes will stay the same. I suppose it’s a first step but the road is very long.

    • Tawreos

      Only time can change attitudes. Well time and getting religion to knock it the hell off with their bullshit objections.

    • DaddyRay

      Agreed – I used to do Caribbean cruises but now I wouldn’t get off the ship in some of them like Jamaica

      • AmeriCanadian

        I actually felt like my life was in danger at one point in St. Lucia. I regret going there and for not doing my homework beforehand.

      • canoebum

        I would not book myself onto a cruise that had Jamaica as a port of call. Same goes for majority Muslim countries and Russia.

        • DaddyRay

          I was young and naive back than – today I don’t do charters or tours

          • Reality.Bites

            I have done cruises with family, as well as solo or with friends.

            I wouldn’t set foot on a straight cruise except as a family obligation. It’s Branson on a Boat.

          • AmeriCanadian

            You must have done one or more of the Atlantic cruises then. I tried it out before I was married and had an absolute blast! Couldn’t believe how friendly everyone was and there was something for everyone on the boat, you just had to seek it out. 😉

          • Reality.Bites

            Yes, I’ve gone as with friends and solo. Next week will be my first time with a boyfriend.

            I am by nature a very introverted person. I learned the secret to finding people to eat and go places with is to approach groups of couples or couples and singles who all know each other and come from a smaller city or town. They’ll be glad to have someone/anyone new to talk to.

            My boyfriend is very extroverted and very much the type you see in their promotional photos. He is going to be hit on so much he won’t know what hit him.

            I also explained to him that after exchange and service charges a Bloody Caesar costs nearly $20 CDN and that I’m perfectly fine with guys buying him drinks.

          • AmeriCanadian

            You’re more secure than I am. I don’t think I could handle tons of men more handsome than I hitting on my boyfriend. I tend to be introverted as well but my secret was to hang with extroverted people and basically let them push me into scenarios I would never consider on my own. Of course getting older boosted my confidence too.

            Have a great time!

          • Reality.Bites

            Well they’re going to do it whether I want them to or not.

            Last March I was in NYC with a friend – this was a few weeks before I met my boyfriend. We were at a piano bar (my friend’s a good singer) and this extremely drunk guy bought us both drinks.

            Suddenly my friend’s kissing me. We were at that stage where we weren’t sure yet if we were going to be dating or platonic, so I couldn’t be sure if he was horny or sending the drunk guy a message that we’re taken!

          • Robincho

            Often, if talent can’t “make it” on dry land, it will cast its eyes to the sea. I’ve suffered through evenings on ships, being serenaded by cruise directors who couldn’t get hired by Lawrence Welk…

      • Mark McGovern

        Especially Jamaica.

      • Robincho

        A laudable sentiment, but please be aware that if you are even a passenger aboard a ship that calls at Jamaica, you’re already complicit. You don’t have to go ashore and buy six postcards or a beer. Your share of the ship’s port fees, etc., means you are very much a supporter of the Jamaican economy.

    • GanymedeRenard

      Well, I’m not sure if I’d agree in the particular cases of Cuba, the DR or Puerto Rico.

      • Kruhn

        Puerto Rico is US territory, US laws apply

        • GanymedeRenard

          I’m aware of that, of course. I was only referring to its being a Caribbean island, that’s all.

      • AmeriCanadian

        I’ve never been to Cuba so I can’t comment. I’ve been to DR several times (details above) and I’m neutral on it. I’ve always considered Puerto Rico as the 51st state and not part of the Caribbean, per se.

        • GanymedeRenard

          Hawaii, for example, is one of the 50 states proper, and that doesn’t mean the island isn’t part of the South Pacific or that their identity doesn’t have anything to do with the South Pacific cultures. In any case, I’d wage my name that the islands I mentioned treat much better their LGBT population than most other islands in the Caribbean. So I humbly think my point stands.

          • Robincho

            The Hawaiian Archipelago lies firmly in the North Pacific. Its southernmost point (Ka Lae on the Big Island) is found at 18.91 degrees north latitude…

          • GanymedeRenard

            Sorry I didn’t read this until today. Yes, you’re most correct, of course! I don’t know what I was thinking – I guess I didn’t re-read my comment in the rush of posting! I understand you live there, right? It’s on my bucket list!

          • Robincho

            We’re in SF, but Kaua’i is definitely the 2nd home. Don’t worry about latitudes — Joshua Logan didn’t help matters when he took James Michener’s “South Pacific” and filmed it on Kaua’i. My first husband’s ashes are scattered on the beach where Mitzi Gaynor washed that man right outta her hair…

    • Kruhn

      At least the law protects us, so it’s a small victory to have legal protections. Attitudes take longer

    • Kalil Chernov

      I had an unusual and very positive experience in the DR a decade or so ago. I was still pretty much 100% closeted, and was visiting Luperon with family. I was recognized as gay (much to my surprise – that’s somewhat unusual) by a shopkeep, who then pointed at a couple of guys walking hand and hand down the street, and said “Those are my boys.”

      Hard to say if that is an indicator of nation-wide attitudes, but… It certainly seemed to be pretty OK there.

      • AmeriCanadian

        I’ve been to the Dominican Republic twice (Punta Cana area). The first time was with my husband (newly married). We stayed at an all-inclusive resort but we went walking really far one day, to the point where there was nothing that could be seen and we encountered some young men who only watched us from afar and did not bother us. The second time was with several straight couples at another all-inclusive. Never felt uncomfortable but off of the resort properties I would not call the atmosphere welcoming. You fared well.

        • Ben in Oakland

          We were always big queers both times we went to the DR, within the confines of our all inclusive. Nothing outrageous, just holding hands, same as any other couple. No one said boo.

      • Reality.Bites

        First time I went on a gay cruise was towards the end of summer and local stores weren’t showing shorts, etc. So I went to a nearby “army” surplus store which as it turned out was run by a Greek immigrant.

        He asked where I was going and I said Italy, France and Greece. He said (or so I thought) “You steal all our sons.”

        I realized a few seconds later he’d said sun.

    • JWC

      laws change first attitudes can take 2-3 generations

    • Macbill

      A journey of a thousand miles begins with a single step.
      – Lao Tzu

  • Tawreos

    Love is on a roll

    • JCF

      Buttery males? ;-p~~~

  • safari
    • Boreal

      So Sarah again displays her ignorance of the roles of each branch of govt.

    • Tawreos

      If Obama’s actions were unconstitutional then there would be a better legal option than an executive order. I know they throw that shit in there for their base, but they really need to realize that words have actual meanings beyond red meat for the idiots.

    • BearEyes

      tRump committed to the rule of law?
      And when will that begin?

  • Reality.Bites

    1. Cuba is not one of the countries.

    2. This is an advisory ruling. Costa Rica asked the court’s opinion. This is different from cases like Obergefell. It is not binding on ANYONE. Costa Rica agreed to change its laws – without knowing the situation, it was likely a delaying tactic as it was in Canada. But this ruling does NOT obligate any country to change its laws. It DOES indicate that any person or couple suing and making it up to this court would win that case.

  • gaycuckhubby

    This is great! From what I read yesterday, the court doesn’t have any enforcement arm. So I imagine a number of countries will ignore this ruling. But I’m assuming at least a couple will follow Costa Rica’s example.

    • GanymedeRenard

      Even if the Court doesn’t have an enforcement arm, this decision is transcendental in that it goes beyond some precedents in similar cases examined by other international institutions. The European Court of Human Rights (the direct equivalent of the IAHRC), for example, ruled in 2016 that same-sex marriage was NOT a human right. Therefore, no European country was obligated to recognize same-sex marriages performed abroad. So, for the Western Hemisphere, the IAHRC’s opinion is a huge step towards equality!

  • Agustin Lizaurzabal

    Not necessarily, it’s the Government complying with this Court. This actual Government, which will be ended by March of this year due to elections, is not the same as the Legislative Assembly, which refuses to comply with this particular Court’s opinion. So, Costa Rica will NOT comply with this Court.

  • GanymedeRenard
  • M Jackson

    The worst country in the Western world for LGBT is Jamaica. Right?
    We docked at Falmouth on a cruise over the holidays and didn’t get off the ship with our cash (our original port had been St. Martin, but the hurricanes happened).

    • KnownDonorDad

      It has to be up there, along with the other former British West Indes island nations and Guyana.

  • jugomono

    I’m very proud to call Costa Rica home for the past 17 years. Every Administration has tried to do this for about a decade & the Christian right has stopped them …UNTIL NOW!

  • zhera

    This is great! One step closer to equality.

    Related: I read an article yesterday about a Norwegian gay couple who adopted from Colombia. It’s a first for adoption from other countries, at least in Norway. Possibly also in Colombia.

  • clay

    With Costa Rica and Colombia, expect Panama, soon, as well.
    It will be interesting to see how much Mercosul/r trade ties with Brazil and the southern cone influences the decisions in Paraguay and Venezuela.

  • JWC

    its a start

  • KnownDonorDad

    Bring on las lagrimas!

  • Macbill

    The Catholic Church is going to have a cow.

  • shivadog

    This is great news, Costa Rica is one of the countries my husband and I have considered fleeing to if the USA goes completely Nazi.

  • JCF