Meanwhile In Puerto Rico

Marriage Arrives In Puerto Rico

PUERTO RICO: First Circuit Finally Rules Marriage Ban To Be Unconstitutional

Earlier this year the First Circuit punted on the appeal of Puerto Rico's marriage case, saying that it would wait until SCOTUS rules. Today we finally got that decision. Via Lambda Legal:

Today’s decision provides further recognition of the dignity and equality of LGBT people in Puerto Rico. We applaud the First Circuit for recognizing that Puerto Rico’s marriage ban is unconstitutional, and reversing the lower court ruling. We also commend the Puerto Rico government for joining in the call to end the marriage ban. Certainly, after the historic ruling from the Supreme Court, this ruling from the First Circuit was not unexpected. There remains no legal or moral justification for forcing same-sex couples in Puerto Rico to wait any longer to have their love and commitment recognized by the state. The Governor of Puerto Rico already signed an executive order on June 26 that marriages will begin 15 days after the Supreme Court ruling, but now that the First Circuit has agreed that the marriage ban is unconstitutional, same-sex couples should be able to marry now. To do otherwise is to put form over substance.

First Circuit Punts On Puerto Rico Marriage

PUERTO RICO: Liberty Counsel Seeks To File Brief In Marriage Equality Case

Last week the Puerto Rican government announced that it was dropping its opposition to same-sex marriage. Enter, as always, the Liberty Counsel:

Today Liberty Counsel filed a motion seeking permission to file an Amicus Curiae brief at the First Circuit Court of Appeals in defense of Puerto Rico's law memorializing that marriage is the union of one man and one woman. Liberty Counsel's brief is particularly important because Solicitor General Margarita Mercado-Echegaray abandoned her duty to defend Puerto Rico's laws.

Initially the Solicitor General successfully defended Puerto Rico's marriage law at the district court, but when she filed the brief at the court of appeals, she announced that the Commonwealth had changed positions and would no longer defend the marriage law. Liberty Counsel is having to seek the court's permission to file the brief, because one of the plaintiffs has refused to consent.

Liberty Counsel’s position shows how same-sex marriage leads to the devaluation of both a mother and father, who each provide a unique contribution to the family. Studies have estimated that $229 billion dollars in government spending between 1970 and 1996 could be directly attributed to the breakdown of the family culture and its resulting social consequences.

“Homosexual activists are not only seeking to push their values into Puerto Rican laws, but they are attempting to mute anyone with a different opinion. Marriage is the union of a man and a woman, and no court has the right to undermine it,” said Mat Staver, Founder and Chairman of Liberty Counsel.

Liberty Counsel is representing the National Hispanic Christian Leadership Conference, which claims to represent 500,000 churches globally. Perhaps obviously, the Liberty Counsel's losing track record is rather spectacular.

PUERTO RICO: Anti-Gay Pols Will Sue To Force Governor To Defend Marriage Ban

"We believe it is totally contrary to the law, contrary to the constitution of Puerto Rico and contrary to the democratic foundations of our system of government for our governor to have taken a position on same-sex marriage." - Puerto Rico House Rep. Maria Milagros Charbonier, announcing that she and other local politicians will sue the governor to force him to defend the ban on same-sex marriage. Charbonier also said this today to the Associated Press: "This is a slap in the face to Puerto Rican society. The government should not be playing around with issues as delicate as that of family, which is the cornerstone of our island." She is the former Secretary General of Partido Nuevo Progresista, which advocates for statehood.

Matt Baume: Marriage News Watch

Clip recap: "It's been nearly two months since marriage was supposed to start in Alabama, and the state still doesn't have its act together. Texas just filed a lawsuit to prevent gays and lesbians from taking family medical leave. And it's going to take at least five different bills to overturn Michigan's marriage ban."

BREAKING: Puerto Rico Drops Defense Of Ban On Same-Sex Marriage

UPDATE: Lambda Legal celebrates.

"In declining to further defend the Commonwealth's discriminatory marriage ban, Puerto Rico's government finally recognizes that denying marriage to LGBT people is harmful and cannot be justified. The marriage ban's sole purpose is to perpetuate discrimination, and it is just plain wrong," said Omar Gonzalez-Pagan, Staff Attorney for Lambda Legal. "Same-sex couples, LGBT people, and their families are part of Puerto Rico's rich social and cultural fabric. Today's actions fulfill the constitutional promises of justice and fairness for LGBT people in Puerto Rico. Simply put, discrimination is never in Puerto Rico's best interests."

PUERTO RICO: Government Considers Ending Opposition To Same-Sex Marriage

Via El Nuevo Dia:

The government of Puerto Rico is contemplating announcing this week a change of position and withdrawing its support for the Puerto Rican statute that recognizes marriage only as the union between a man and a woman. The position of the government of Puerto Rico is under review in the face of the written arguments that will be presented no later than Friday as part of the appeal process of the federal case in which five gay couples asked the U.S. judicial system to validate the marriage rights that some of them achieved in states of the United States and that for others would let them marry on the Island.

But the mere decision to reevaluate the public policy of the Executive of Puerto Rico points to the likelihood that the administration of Alejandro García Padilla is getting on the wave that has validated marriage between couples of the same sex in 37 states and Washington, D.C. "I'd prefer not to comment on any final decision," said Justice Secretary César Miranda, in an interview with El Nuevo Día. Asked if they are rethinking their support for the statute that only recognizes marriage as the union between one man and one women, Miranda responsed that "you can say that."

Puerto Rico is under the jurisdiction of the First Circuit Court of Appeals, which set the briefing schedule in the marriage equality case back in December.

PUERTO RICO: Pastor Outed As Former Gay Porn Actor, Say's He's Now "Ex-Gay"

Via the British tabloid The Mirror:

A priest whose secret past as a gay porn star was exposed when his x-rated movies were revived on the internet has refused to resign. Scenes from Pastor Jose Santiago's porno past have been viewed by tens of thousands in Puerto Rico after they were posted on social network sites. Father Jose, 33 - now married to a woman - says he gave up porn and being gay after being called by God seven years ago. He told local media in San Juan: "In those days I was gay and participated in homosexual activities, but God touched me, God transformed me, God gave me a woman who loves me and she loves my past."

Santiago says the videos surfaced in a campaign to discredit his church, Casa de Oración Monte Santo. Recent photos of Santiago can be seen on the church's Facebook page and on their Twitter account.

NOTE: Commenters below are sharing very not-office-friendly images from Santiago's filmography. You may not want to view comments at work.

PUERTO RICO: First Circuit Court Sets Briefing Schedule For Marriage Case

Details.

FRC Praises Puerto Rico Judge

"Judge Pérez-Giménez serves as a model of judicial restraint in the face of an epidemic of federal judges legislating from the bench on the issue of marriage. It is time for other courts to follow his example, and the Supreme Court shouldn't allow activist lower courts to redefine states' marriage laws.  Judge Pérez-Giménez not only rejected the constitutional arguments for redefining marriage, but succinctly made the case for natural marriage, noting that 'the very survival of the political order depends upon the procreative potential embodied in traditional marriage.' He is correct in saying that this is among the 'principles of logic and law that cannot be forgotten.' Every judge considering a marriage case-and every public official charged with administering or enforcing his or her state's laws on marriage-should read and take guidance from this ruling." - Hate group leader Tony Perkins, via press release.

PUERTO RICO: Lambda Legal To Appeal "Aberrant" Marriage Lawsuit Dismissal

Via press release from Lambda Legal:

"The court's ruling directly conflicts with the wave of recent decisions finding these marriage bans unconstitutional and perpetuates the discrimination and harm done to same-sex Puerto Rican couples and their families," said Omar Gonzalez-Pagan, Staff Attorney for Lambda Legal. "It defies the unmistakable import of the Windsor decision and flies in the face of the blizzard of rulings of the last year, the reasoned rulings of the Courts of Appeals for the 4th, 7th, 9th and 10th Circuits, and the decision by the U.S. Supreme Court to let stand the rulings striking down five bans similar to Puerto Rico's. One struggles to understand how this judge came to a different conclusion. We will, of course, appeal this ruling to the 1st Circuit Court of Appeals," Gonzalez-Pagan said. "All families in Puerto Rico need the protections of marriage."

On March 25th, 2014, Ada Mercedes Conde Vidal and Ivonne Álvarez Vélez filed a lawsuit to compel Puerto Rico to recognize their marriage, which they entered into in Massachusetts. In June, Lambda Legal joined and amended that lawsuit to include four more plaintiff couples, two seeking recognition of marriages entered into in other jurisdictions and two who seek to marry in Puerto Rico, as well as an organizational plaintiff, Puerto Rico Para Tod@s. "It is outrageous that loving committed LGBT couples and their families have been deprived of their civil rights and dignity," said Pedro Julio Serrano, founder and president of Puerto Rico Para Tod@s. "We are hopeful that justice will prevail and that the equality promised by the Constitution will be upheld." Lambda Legal attorneys Omar Gonzalez-Pagan, Hayley Gorenberg, and Jael Humphrey are handling the case, joined by co-counsel Debevoise & Plimpton LLP, local counsel Celina Romany-Siaca of the Law Offices of Celina Romany, and Ada Conde Vidal representing herself and her wife.

Read more about the case.

PUERTO RICO: Federal District Court Tosses Out Same-Sex Marriage Lawsuit

Saying that the Puerto Rico marriage equality lawsuit before them "fails to present a substantial federal question," a US District Court today issued a dismissal based on the 1972 Minnesota Supreme Court case Baker V Nelson, which the US Supreme Court rejected that year on the same grounds. The suit was filed by Lambda Legal on behalf of three couples married in other states, two couples seeking to marry in Puerto Rico, and the LGBT rights group Puerto Rico Para Todos. From the ruling:

The plaintiffs have brought this challenge alleging a violation of the federal constitution, so the first place to begin is with the text of the Constitution. The text of the Constitution, however, does not directly guarantee a right to same-gender marriage, for “when the Constitution was adopted the common understanding was that the domestic relations of husband and wife and parent and child were matters reserved to the States.” Without the direct guidance of the Constitution, the next source of authority is relevant Supreme Court precedent interpreting the Constitution. On the question of same-gender marriage, the Supreme Court has issued a decision that directly binds this Court.

The petitioners in Baker v. Nelson were two men who had been denied a license to marry each other. They argued that Minnesota’s statutory definition of marriage as an opposite-gender relationship violated due process and equal protection – just as the plaintiffs argue here. The Minnesota Supreme Court rejected the petitioners’ claim, determining that the right to marry without regard to gender was not a fundamental right and that it was neither irrational nor invidious discrimination to define marriage as requiring an opposite-gender union. [snip]

Baker, which necessarily decided that a state law defining marriage as a union between a man and woman does not violate the Fourteenth Amendment, remains good law. Because no right to same-gender marriage emanates from the Constitution, the Commonwealth of Puerto Rico should not be compelled to recognize such unions. Instead, Puerto Rico, acting through its legislature, remains free to shape its own marriage policy. In a system of limited constitutional self-government such as ours, this is the prudent outcome. The people and their elected representatives should debate the wisdom of redefining marriage. Judges should not.

You can expect the final lines excerpted above to appear in a lot of hate group press releases. Dig further into today's ruling at Equality Case Files.

PUERTO RICO: Lambda Legal Tells Court To Issue Summary Marriage Judgment

From their brief:

As of this filing, thirty states and the District of Columbia recognize the constitutional right of same-sex couples to marry. Indeed, a remarkable and nearly unbroken seismic wave of federal court rulings across the country has struck down state statutory and constitutional marriage bans similar to Puerto Rico’s ban. Numerous federal courts have held that laws prohibiting Banned Couples from marrying or having their out-of-state marriages recognized violate the Fourteenth Amendment of the United States. The overwhelming majority of these courts have decided these constitutional questions promptly and without the need for discovery. And the Supreme Court of the United States has allowed these judgments to stand by recently refusing review of cases from the Fourth, Seventh and Tenth Circuits. This case, these Plaintiffs, and Puerto Rico’s Marriage Ban should be treated no differently.

Read the full filing at Equality Case Files.

PUERTO RICO: Lambda Legal Files For Swift Overturn Of Same-Sex Marriage Ban

Via Lambda Legal:

Today in the United States District Court for the District of Puerto Rico, Lambda Legal filed a motion for summary judgment seeking to end the discriminatory ban on marriage for same-sex couples. Lambda Legal joined the lawsuit, Conde v. García Padilla, in June on behalf of five gay and lesbian couples and Puerto Rico Para Tod@s, an organization that represents lesbian, gay, bisexual, transsexual and transgender (LGBT) people and their families. Lambda Legal Staff Attorney Omar Gonzalez-Pagan, said: "All families deserve to have their love and commitment recognized in Puerto Rico; they need the protections only marriage can provide as soon as possible, without discrimination. Every day that passes, our gay, lesbian, bisexual and transgender family members are told they are inferior to our other family members. They are living, working and caring for each other now and need the dignity and respect of marriage."

Learn about the plaintiffs here.

PUERTO RICO: Marriage Lawsuit Filed

A lesbian couple married in Massachusetts in 2004 has filed a federal lawsuit that seeks to overturn Puerto Rico's ban on same-sex marriage. Via the Washington Post:

The suit filed Tuesday by attorney Ada Conde challenges the constitutionality of Puerto Rican laws that define marriage as between a man and a woman, as well as those that prohibit same-sex marriage and the recognition of such marriages. Conde said she has been in a relationship for nearly 14 years with Ivonne Alvarez, an accountant and financial adviser whom she married in Massachusetts in August 2004.

“We wish to enjoy the same social privileges and contractual rights ... and not to be treated as we are being treated as second-class citizens,” she said. Conde is suing Puerto Rico’s heath secretary, who oversees the island’s demographic registry, as well as the registrar of vital records. Conde said the lack of recognition of their relationship complicated things when her young daughter had to have open-heart surgery for a second time and Alvarez could not participate in the decision-making process.

Puerto Rico has seen several recent advances in LGBT rights, including the 2013 passage of an employment anti-discrimination bill. However also last year a court upheld Puerto Rico's ban on gay adoption.

PUERTO RICO: Sweeping LGBT Rights Bill Passes, Heads For Governor's Desk

Via press release from the National Lesbian & Gay Task Force: 

The Puerto Rican House of Representatives today approved a sweeping nondiscrimination bill that protects lesbian, gay, bisexual and transgender (LGBT) people in employment, housing, governmental services, public accommodations and private entities. Last week, the Senate approved the bill in a 15-11 vote and Gov. Alejandro García Padilla has vowed to sign the bill into law. The House today also approved a bill to add protections for sexual orientation, marital status and gender identity to the domestic violence law. It now moves to the Senate.

Local activist Pedro Julio Serrano applauds:

“Today is a thrilling day in Puerto Rican history. A decade ago, LGBT Puerto Ricans were criminals under the sodomy law, today we’re second-class citizens and when this bill is signed into law, we will be closer to achieving the first-class citizenship that we deserve. Equality is inevitable. Puerto Rico will be for all.”

PUERTO RICO: Man Arrested For Bomb Threat Against Gay Rights Rally

The FBI has arrested a man who tweeted a bomb threat against a planned LGBT rights rally in Puerto Rico. The tweet was directed at well-known activist Pedro Julio Serrano.

Joseph Morales was taken into custody at his home in San Juan on a charge of cyberbullying for allegedly posting the threatening message on May 6, according to Special Agent Moises Quinones, a spokesman for the FBI in the U.S. island territory.  The suspect was expected to make an initial appearance before a federal judge Monday on the charge, which carries a maximum sentence of five years in prison. Morales has not entered a plea and did not yet have a lawyer, Quinones said. Morales has acknowledged he posted a Twitter message in Spanish that included the words "watch out during the demonstration, it can end like in Boston," the FBI said in a statement. The message was directed at Pedro Julio Serrano, a well-known activist in Puerto Rico who was planning to attend an upcoming demonstration in support of gay rights legislation in the territory.

PUERTO RICO: Territorial Supreme Court To Uphold Ban On Gay Adoptions

Andres Duque provides a translation at Blabbeando:

Puerto Rico's El Vocero is reporting that the island's Supreme Tribunal will be backing an adoption ban for same-sex couples in a 5-4 decision to be announced later today. El Vocero says that the ruling comes after a Puerto Rican woman sought to adopt her lesbian partner's daughter. A current law "bans the adoption of a minor if the biological mother doesn't give up her rights unless the couple consists of a man and a woman", according to the paper. The women had argued that Article 138 of the Civil Code was unconstitutional because it banned adoptions by same-sex couples.

Duque notes that Puerto Rico native Ricky Martin has tweeted his disappointment.

RELATED: A massive crowd demonstrated against same-sex marriage at the Puerto Rico capitol building on Monday.