Constitutional Court Ruling
On 1 February 2006, a lesbian couple applied for a marriage licence. Their application was refused, but the couple, Teresa Pires and Helena Paixão, promised to challenge the ban in court, saying that it discriminated against them on the basis of sexual orientation, where this type of discrimination is banned by the 1976 constitution. Discrimination based on sexual orientation was made illegal in 2004. In May 2007, the court rejected the motion and they appealed to the Portuguese Constitutional Court. The Constitutional Court received the case in July 2007. Helena and Teresa's lawyer, Luís Grave Rodrigues, presented their allegations on 19 October 2007, including seven legal opinions (pareceres) from Portuguese professors of law arguing that the ban on same-sex marriage is unconstitutional.
On 31 July 2009, the Constitutional Court decided on a 3–2 vote that the constitution does not demand the recognition of same-sex marriage, but also does not oppose it, and that the decision must be made by the Assembly of the Republic.
Read more about this topic: Same-sex Marriage In Portugal
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