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Federal judge upholds Puerto Rico's same-sex marriage ban
Christian Today ^ | 3/15/2016 | John Hicap

Posted on 03/15/2016 6:05:56 AM PDT by cll

A U.S. federal judge has upheld Puerto Rico's ban on same-sex marriage and ruled that the U.S. Supreme Court's ruling last year that legalised gay marriage does not apply to Puerto Rico since it is an "unincorporated territory" and not a U.S. state.

In his decision, U.S. District Court Judge Juan Perez-Gimenez wrote, "One might be tempted to assume that the constant reference made to the 'States' in Obergefell includes the Commonwealth of Puerto Rico. Yet, it is not the role of this court to venture into such an interpretation."

He said, "For the foregoing reasons, the court concludes that the fundamental right to marry, as recognized by the Supreme Court in Obergefell, has not been incorporated to the juridical reality of Puerto Rico."

"Thus, the court declines to hold that the marriage ban codified in Article 68 of the Civil Code violates the Due Process and the Equal Protection Clauses of the Fourteenth Amendment by denying same-sex couples in Puerto Rico the right to marry or to have marriages validly performed in another jurisdiction given full recognition," the judge ruled.

The ruling stemmed from a lawsuit filed two years ago by three same-sex couples who got married in Massachusetts, New York and Canada but wanted their marriage to be recognised in Puerto Rico; two same-sex couples who wanted to marry in the island; and LGBT advocacy group Puerto Rico Para Tod@s.

Perez-Gimenez previously upheld the marriage ban in October 2014, according to Buzzfeed News.

After the U.S. Supreme Court legalised same-sex marriage in June last year, the First Circuit Court of Appeals vacated the district court's decision and remanded the case back to Perez-Gimenez, saying that "we agree with the parties' joint position that the ban is unconstitutional."

But the judge still upheld the marriage ban.

He said if same-sex marriage is to be applied in Puerto Rico, there should be a ruling by the U.S. Supreme Court and Supreme Court of Puerto Rico, "incorporation through legislation enacted by Congress, in the exercise of the powers conferred by the Territorial Clause" and "by virtue of any act or statute adopted by the Puerto Rico Legislature that amends or repeals Article 68."


TOPICS: Constitution/Conservatism; Government
KEYWORDS: doma; marriage; puertorico; romneyagenda; romneymarriage

1 posted on 03/15/2016 6:05:56 AM PDT by cll
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To: rrstar96; AuH2ORepublican; livius; adorno; wtc911; Willie Green; CGVet58; Clemenza; Narcoleptic; ...
Puerto Rico Ping! Please Freepmail me if you want on or off the list.


2 posted on 03/15/2016 6:07:47 AM PDT by cll (Serviam!)
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To: cll

Good for Puerto Rico. I must go back someday.


3 posted on 03/15/2016 6:10:06 AM PDT by johniegrad
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To: cll

Interesting.

Instead of seceding, could a state just declare themselves to be an unincorporated territory?


4 posted on 03/15/2016 6:12:25 AM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: cll
A U.S. federal judge has upheld Puerto Rico's ban on same-sex marriage and ruled that the U.S. Supreme Court's ruling last year that legalised gay marriage does not apply to Puerto Rico since it is an "unincorporated territory" and not a U.S. state.

That's funny. "Big Anus" is going to have a fit over this.

5 posted on 03/15/2016 6:16:14 AM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: cll

I was in San Juan on business one year and happened on their, “gay pride” parade. Yikes! This will stir up the buggers.


6 posted on 03/15/2016 6:19:54 AM PDT by outofsalt ( If history teaches us anything it's that history rarely teaches us anything.)
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To: cll

The “Supreme” Court has made other ruling that fly in the face of logic and facts.Eventually the queer marriage will be overturned.


7 posted on 03/15/2016 6:30:58 AM PDT by hoosierham (Freedom isn't free)
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To: cll

They can vote in our elections, get money from the taxpayer pot, but are exempt from our laws. Pretty sweet deal.


8 posted on 03/15/2016 6:37:28 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: smokingfrog
Interesting. Instead of seceding, could a state just declare themselves to be an unincorporated territory?

Great question - that would save a lot of the blood the next time around ...

9 posted on 03/15/2016 6:49:53 AM PDT by 11th_VA (It's all gonna change once Trump's president)
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To: cll
Regardless of how one feels about Obergefell, this judge is going to be overturned so fast by the First Circuit it isn't funny. Wasting time, money, and being so obviously wrong on the law are not exactly hallmarks of a stellar federal district court judge.
10 posted on 03/15/2016 6:50:57 AM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
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To: cll

Can my state unincorporate? Seems like the way to go.


11 posted on 03/15/2016 7:01:21 AM PDT by Buckeye McFrog
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To: Buckeye McFrog

you would lose your 2 senators


12 posted on 03/15/2016 7:06:23 AM PDT by TexasFreeper2009 (You can't spell Hillary without using the letters L, I, A, R)
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To: cll

Big huevos!


13 posted on 03/15/2016 7:08:59 AM PDT by Cyman
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To: cll

Common sense on the bench. Well done!


14 posted on 03/15/2016 7:42:00 AM PDT by armydawg505
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