October 22, 2014
Judge Upholds Puerto Rico's Gay Marriage Ban
Jason St. Amand READ TIME: 2 MIN.
A federal judge upheld Puerto Rico's ban on same-sex marriage Tuesday even though a number of federal judges around the U.S. found states' gay marriage bans unconstitutional.
The LA Times reports U.S. District Judge Juan M. Perez-Gimenez said in his ruling that his decision came from the U.S. Supreme Court's summary rejection of a gay marriage case from 1972, "Baker v. Nelson." Apparently the judge wasn't aware of SCOTUS' recent ruling on "United States v. Windsor," which effectively brought down Section Two of the Defense of Marriage Act and California's anti-gay Proposition 8.
The judge also said that legalizing same-sex marriage would lead to polygamous and incestuous marriages.
"Ultimately the very survival of the political order depends upon the procreative potential embodied in traditional marriage," he wrote.
The LA Times notes that Perez-Gimenez dismissed the challenge to Puerto Rico's gay marriage ban with prejudice, meaning the case cannot be refiled.
According to the Washington Post, the "decision does two important things, in addition to denying marriage to same-sex couples in Puerto Rico. First, it puts the First Circuit back in play in the national litigation, although every state in the circuit already recognizes same-sex marriage" and "the issue of Baker's effect is actively being considered in other circuits. Most immediately, the Sixth Circuit is already considering a case that turns in part on whether Baker controls."
The lawsuit Perez-Gimenez ruled against was filed by Ada Conde Vidal and Ivonne �lvarez Veleza, a same-sex couple who wanted their marriage, performed in Massachusetts, to be recognized in Puerto Rico. Four other couples are joined in the suit.
According to Gay Star News, Lambda Legal will appeal the ruling.
"We will, of course, appeal this ruling to the 1st Circuit Court of Appeals,' said staff attorney Omar Gonzalez-Pagan," Lambda Legal wrote. "All families in Puerto Rico need the protections of marriage.'
Puerto Rico is a territory of the U.S. and is bound by U.S. law.
