(Blogmensgo, gay blog March 27, 2015) The territory of Puerto Rico is preparing to recognize the validity of same-sex marriages legally contracted elsewhere without legalizing gay marriage on its own soil. This stems from what the governor announced on March 20, 2015, and has changed their position on marriage between persons of the same sex.
Puerto Rican law – not yet amended – states (31.1.III.29 § 221) that marriage can only be between a man and a woman. The same article specifically prohibits “any marriage between persons of the same sex or transgender,” even if such marriages were contracted in other jurisdictions than in Puerto Rico.
“We felt that there was no reason” to defend such a text, said Cesar Miranda, Puerto Rican Secretary of State for Justice. “The state can not favor such discrimination,” he said.
As Alejandro Garcia Padilla to the governor, he said he changed his mind despite “[his] religious beliefs” Catholicism is shared by 85% of its citizens.
The turnaround of the two leaders followed a ruling by the US District Court in Boston with jurisdiction over Puerto Rico.
In a decision taken on 21 October 2014 Judge Juan Pérez-Giménez had refused to consider incompatible with the 14 th Amendment the Puerto Rico ban gay marriage, based on a previous judgment made by the Supreme Court there are over forty years (in 1972).
Ricky Martin, the most famous native of the archipelago, immediately welcomed this decision.
Weddings recognition arrangements homos celebrated elsewhere as Puerto Rico have not been specified. For example, it is unclear whether this recognition also concern expatriate Puerto Ricans, even those who go elsewhere just to get married and return immediately.
Comment. Puerto Rico has formally decided not to support the ban on gay and lesbian marriage in its territory. Without legislation in its favor.
We are almost there, but not there yet.
Puerto Rico, for its status associated territory but not incorporated in the United States, is expected to apply all US federal laws except those that are “locally inapplicable” (according to Wikipedia ).
This means that even if the US Supreme Court held unconstitutional the ban on gay marriage, Puerto Rico may well refuse to comply with a judgment of federal scope.