While still lagging far behind other parts of Latin America such as Argentina and Mexico City in terms of gay equality under the civil laws, Costa Rica's Supreme Court has grasp a concept still lost by the majority of courts in the USA: the rights of a minority are not to be put up to a vote where the prejudices and bigotry of the majority may block or strip minorities of civil rights. This development arose out of an effort to place a referendum on the national ballot that would bar same sex marriage. The Costa Rica Supreme Court struck down the effort and said it was unconstitutional. Are you folks in Maine and elsewhere listening? The Advocate has coverage on the court decision as does the U.S. Catholic which not surprisingly notes that the Roman Catholic Church has its panties in a knot over the issue. First these highlights from The Advocate:*
The top court in Costa Rica on Tuesday ruled against a proposed referendum that would have asked voters to decide if the country should recognize same-sex civil unions, the Associated Press reports.
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In a 5-2 vote, the constitutional court said that a referendum planned for December would put a minority group—gay people—at a disadvantage. It also ruled that civil unions are a legislative issue, not an electoral one.
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These additional details come from US Catholic:
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The majority (of the court) considers that the rights of minorities cannot be subject to a referendum process where the majority decide," the judges said. "The court believes that persons in a same-sex marriage belong to a disadvantaged group and are the object of discrimination, which requires the help of the public powers to recognize their constitutional rights."
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Judges also noted that a negative vote by the electorate would violate international treaties, as Costa Rica would be seen as acting counter to basic human rights. Under Costa Rican law, international treaties supersede the country's constitution.
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Costa Rica is following a trend in Latin America to move toward the recognition of same-sex marriages. Such marriages have been legal in Argentina since July, and, much to the dismay of church officials, the Mexican Supreme Court issued a ruling in favor of the constitutionality of same-sex marriage in Mexico City.
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The Catholic Church in Costa Rica has responded to the decision by saying that it does not resolve the issue going forward and that the church will continue to stand in opposition of gay unions because they don't coincide with the word of God.
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The majority (of the court) considers that the rights of minorities cannot be subject to a referendum process where the majority decide," the judges said. "The court believes that persons in a same-sex marriage belong to a disadvantaged group and are the object of discrimination, which requires the help of the public powers to recognize their constitutional rights."
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Judges also noted that a negative vote by the electorate would violate international treaties, as Costa Rica would be seen as acting counter to basic human rights. Under Costa Rican law, international treaties supersede the country's constitution.
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Costa Rica is following a trend in Latin America to move toward the recognition of same-sex marriages. Such marriages have been legal in Argentina since July, and, much to the dismay of church officials, the Mexican Supreme Court issued a ruling in favor of the constitutionality of same-sex marriage in Mexico City.
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The Catholic Church in Costa Rica has responded to the decision by saying that it does not resolve the issue going forward and that the church will continue to stand in opposition of gay unions because they don't coincide with the word of God.
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