LGBT Rights in Costa Rica - Recognition of Same-sex Relationships

Recognition of Same-sex Relationships

As of October 2010, Costa Rica law does not recognize same-sex marriage, civil unions or domestic partnership benefits.

In 2006 the Supreme Court rejected a claim that the Constitution requires the government to recognize same-sex marriages. Human rights lawyer Yashin Castrillo Fernandez had sued arguing that certain constitutional provisions relating to equal rights and international law required the legalization of same-sex marriage, but only two of the justices agreed. The majority wrote that at the time the Constitution was approved, "marriage" was understood to be a union between a man and a woman. The court decision did state that the national government had the power to enact civil unions.

In 2008 the LGBT rights association Diversity Movement, persuaded some lawmakers to introduce a civil unions bill. Deputies Ana Elena Chacón (Social Christian Unity Party) and José Merino (Broad Front Party) expressed support for the proposed bill stating that, "gays and lesbians are no less Costa Rican than the rest of us. We're not talking about marriage or adoption, but about basic civil rights.".

On July 2010 the Constitutional Court (Sala IV) ordered the TSE (Supreme Elections Tribunal) to stop the effort of preparing the referendum to take place on 5 December of this year that will allow citizens to decide the future of civil unions for same sex couples in Costa Rica. The Recurso de Amparo (appeal) was presented by lawyer Quirós Salazar, alleging that the referendum violates the rights and freedoms of individuals. The petition for referendum has been organized by the Observatorio de la Familia, a religious conservative group seeking to stop legislation that promotes civil unions for same sex couples.