Same-sex marriage debate re-surfaces

The approval of same-sex marriage in Costa Rica has re-ignited the debate in Panama where a Supreme Court ruling has been stalled for over a year.

A warning of unconstitutionality was filed by the firm Morgan & Morgan, against two articles of the Family Code, which refers to marriage between a “man and a woman”.

In February of this year, the project underwent a review to incorporate comments on the advisory opinion of the Inter-American Court of Human Rights (IACHR).

The president of the Panama Association of Men and New Women of Panama, Ricardo Beteta, said it is still unknown how the process that leads the CSJ, on the warning of unconstitutionality to two articles of the Family Code, because the appointment of  two new magistrates is awaited  and, on the other hand, it is a political issue.

” There  a pressure for Panama because now Costa Rica joins Colombia, with the right of citizens to have access to same-sex marriage and now it is up to the CSJ to comply with the opinion of the IACHR.

He said, “I know of diplomats who are married to their same-sex partner and the Panamanian state has granted them the migratory benefits so that they are in the country, which is an incongruity because I as a citizen do not have access to marriage.”

Corina Cano, a family lawyer, said she has confidence that the CSJ will base its decision on what the Constitution establishes, which indicates the legal norms of the Family Code and Private International Law,  and they are not unconstitutional, because marriage is recognized when people are of different sexes, that is, between a man and a woman.

According to lawyer Francisco Carreira Pitti, there has been much talk and rumors and rulings, but nothing official has come from the Judicial Branch and what happens will have to be decided by the deputies that make up the National Assembly.

“Each country has its rules, but we have to respect the law and that is that a man, a woman can get married.”

Last year and, again  in 2018, religious groups from both the Catholic and evangelical churches, non-governmental organizations, civil society and members of the LGBTIQ community have held various marches in the capital city in favor and against the approval of  same-sex marriage

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