Federal Judge in Puerto Rico Upholds Marriage Equality Ban

Written by scott on October 22nd, 2014

Puerto RicoA second Federal Judge has upheld a marriage equality ban (the first was in Louisiana).

LGBTQ Nation reports:

U.S. District Judge Juan Perez-Gimenez, cited Baker v. Nelson, a 1972 U.S. Supreme Court ruling that upheld Minnesota’s ban on same-sex marriage, and said that allowing same-sex marriage raises the question of a constitutional right to polygamous and incestuous marriages. The case, Conde-Vidal v. Garcia-Padilla, was filed in March by Lambda Legal on behalf of five gay and lesbian couples and Puerto Rico Para Tod@s, an organization that represents LGBT Puerto Ricans and their families.

Think Progress points out that the decision reads like a National Organization for Marriage press release:

Recent affirmances of same-gender marriage seem to suffer from a peculiar inability to recall the principles embodied in existing marriage law. Traditional marriage is “exclusively [an] opposite-sex institution . . . inextricably linked to procreation and biological kinship,” Windsor, 133 S. Ct. at 2718 (Alito, J., dissenting). Traditional marriage is the fundamental unit of the political order. And ultimately the very survival of the political order depends upon the procreative potential embodied in traditional marriage. Those are the well-tested, well-proven principles on which we have relied for centuries.

Lambda Legal plans to appeal:

“The court’s ruling directly conflicts with the wave of recent decisions finding these marriage bans unconstitutional and perpetuates the discrimination and harm done to same-sex Puerto Rican couples and their families,” said Omar Gonzalez-Pagan, Staff Attorney for Lambda Legal. “It defies the unmistakable import of the Windsor decision and flies in the face of the blizzard of rulings of the last year, the reasoned rulings of the Courts of Appeals for the 4th, 7th, 9th and 10th Circuits, and the decision by the U.S. Supreme Court to let stand the rulings striking down five bans similar to Puerto Rico’s. One struggles to understand how this judge came to a different conclusion. We will, of course, appeal this ruling to the 1st Circuit Court of Appeals,” Gonzalez-Pagan said. “All families in Puerto Rico need the protections of marriage.”

The Judge was apparently a democratic appointee.

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