Puerto Rico Court Upholds Gay Marriage Ban

A federal judge in Puerto Rico rejected a lawsuit challenging the commonwealth's ban on same-sex marriage.

U.S. District Court Judge Juan Perez-Gimenez decided Tuesday to uphold the law banning marriage between same-sex couples, saying that since the U.S. Supreme Court supported a Minnesota state marriage ban in 1972, all lower courts were bound to follow that ruling, the Los Angeles Times reported.

The judge also expressed agreement with Puerto Rico's decades-old law that says marriage is defined as a union between a man and woman. Any other type of marriage would open the possibility for legal unions between "fathers and daughters."

"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," Perez-Gimenez wrote in his opinion, The Washington Post reported.

"Are laws barring polygamy, or say, the marriage of fathers and daughters, now of doubtful validity?"

The case stems from a lawsuit filed by five gay couples, starting with 53-year-old attorney Ada Conde, who wanted Puerto Rico to recognize her marriage to her longtime partner, according to the Associated Press.

Lambda Legal, the gay rights group representing the plaintiffs, was shocked by the ruling that deviates from the recent trend of courts overturning gay marriage bans across the U.S.

"We were obviously surprised by the decision," Lambda Legal attorney Omar Gonzalez-Pagan told the AP. "Close to 50 court decisions have disagreed with that assessment, including circuit courts of appeal."

Tuesday's ruling marks the second time a federal judge has refused to strike down a gay marriage ban ever since the Supreme Court ruled in 2013 the federal government has to recognize same-sex marriages in states that allow it, USA Today reported.

Many federal judges have since used that decision to strike down state gay marriage bans. Over 30 U.S. states now recognize same-sex marriages, according to the AP.

Gonzalez-Pagan said he will file an appeal on behalf of his clients within the next few days.

Tags
Gay marriage, Puerto Rico, Federal judge
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