Same-sex marriage in Costa Rica

On August 8, 2018, the Supreme Court of Justice of Costa Rica declared the sections of the Family Code prohibiting same-sex marriage to be unconstitutional, and gave the Legislative Assembly 18 months to reform the law accordingly; otherwise the ban would be abolished automatically.

[6][7] On November 5, 2008, the TSE authorized the group to start collecting the signatures required by law to trigger the referendum (5% of registered voters).

[9][10] In the meantime, several organizations and individuals, including the Ombudsman Office of Costa Rica, asked the Supreme Court to consider the legality of the proposed referendum.

The bill changed article 4(m) of the Act to recognize: "The right to recognition, without discrimination contrary to human dignity, of the social and economic effects of domestic partnerships which constitute in a public, notorious, unique and stable manner, with legal capacity for marriage for more than three years."

The bill also changed the Family Code to allow couples living together for three years or more to be recognized as having a common-law marriage, which would grant them some legal benefits such as alimony.

[21][22] On December 3, 2014, Vice President Ana Helena Chacón confirmed that four same-sex union proposals would be debated starting in January 2015.

President Luis Guillermo Solís said on November 27 that he supported a coexistence initiative to grant couples economic rights, but none of the civil union proposals equivalent to marriage.

[24] On August 12, 2015, it sent a partnership proposal to the extraordinary sessions of the Legislative Assembly, seeking to make the definition of cohabitation in article 242 of the Family Code gender-neutral.

[25][26] In June 2015, a Costa Rican judge granted common-law marriage status to a same-sex couple, Gerald Castro and Cristian Zamora, basing his ruling on the July 2013 legislation.

[28] Six deputies from the Social Christian Unity Party (PUSC) introduced a civil union bill (proyecto de ley n. 20.888) to the Legislative Assembly in early July 2018.

[42][43][44] On March 19, 2015, a bill to legalize same-sex marriage was introduced to the Legislative Assembly by Deputy Ligia Elena Fallas Rodríguez from the Broad Front.

(...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry.

(..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.The Costa Rican Government announced that it would abide by the opinion.

The Foreign Ministry notified the Judiciary, the Supreme Electoral Court (responsible for the civil registry) and the Legislative Assembly about the advisory opinion on January 12.

[78] Most of the candidates in the February 2018 presidential elections announced their support for or willingness to respect the IACHR advisory opinion, with the exception of Fabricio Alvarado, Stephanie Campos and Mario Rendondo, all of them from minor Christian parties.

"[87] On January 24, the Center for Justice and International Law (Cejil) asked the Constitutional Chamber of the Supreme Court (Sala IV) to rule on the issue of same-sex marriage quickly.

[92][93] The notary in question faced an investigation, but rejected any wrongdoing, stating that he respected international law and took a stand against discrimination when marrying the couple.

[97] On March 9, 2018, the Attorney General, Emilia Navas Aparicio, recommended to the court to abide by the IACHR ruling and declare article 14 of the Family Code, which prohibited same-sex marriage, unconstitutional.

[105][106][107] On August 8, 2018, the Sala IV declared all three of the articles in question unconstitutional and gave the Legislative Assembly 18 months (from the publication of the ruling) to amend the laws accordingly.

[108][109] The ruling was welcomed by President Carlos Alvarado Quesada, but several lawmakers expressed doubts that the Legislative Assembly would amend the law before the deadline.

[116][117] In anticipation of the ruling taking effect, a decree giving same-sex couples access to housing allowance if they have been living together for three years was issued in December 2019 and published in the official gazette (La Gaceta) in February 2019.

[129][130][131] The first marriage ceremony of a same-sex couple, Alexandra Quirós Castillo and Dunia Daritza Araya Arguedas, was broadcast by the state-owned Canal 13 at midnight on May 26.

In a June 2020 interview, Jorge Urbina Soto, coordinator of the National Children's Institute (PANI, Patronato Nacional de la Infancia), stated that all prospective adoptive parents are evaluated for eligibility irrespective of sexual orientation or sex.

[139] Data from the National Institute of Statistics and Census of Costa Rica shows that the majority of same-sex marriages are performed in San José Province:[140][141] A poll conducted between January 4 and 10, 2012 by La Nación showed that 55% of Costa Ricans supported the statement "same-sex couples should have the same rights as heterosexual couples", while 41% were opposed.

[142] According to a Pew Research Center survey conducted between November 9 and December 19, 2013, 29% of Costa Ricans supported same-sex marriage, while 61% were opposed.

[143][144] A poll carried out in August 2016 by the Centro de Investigación y Estudios Políticos (CIEP) indicated that 49% of Costa Ricans opposed the legal recognition of same-sex unions, while 45% supported it and 6% were unsure.