Photo: No Gay Marriage for Chile
In a 9-1 vote, Chile’s Constitutional Tribunal has declared arguments for the legalization of gay marriage “inapplicable,” refusing to grant marriage licenses to gay couples.
On September 29 of last year, Cesar Peralta and Hans Arias tried to get a marriage license at the Civil Registry, but had their application denied. Another couple legally married in Canada—Stephane Abran and Chilean Jorge Monardes also tried to get their license in Chile, but were denied. Victor Arce and Miguel Lillo, legally married in Argentina also tried to get their marriage license, and they were also denied.
These three gay couples, in conjunction with Chile’s Movement for Homosexual Integration and Liberation (MOVILH) filed the case last year as part of a campaign to challenge the constitutional validity of the Article 102 of the Chilean Civil Code, which defines marriage as an union between a man and a woman.
However in a 9-1 vote, Chile’s Constitutional Tribunal has declared arguments for the legalization of gay marriage inapplicable, according to the Santiago Times:
“The strictest reading of the law comes from Judge Marisol Peña and Judge Raúl Bertelsen, president of the tribunal. The judges hold that marriage between two people of the same sex is unconstitutional.
Three other judges within the tribunal, including former tribunal president Judge Marcelo Venegas, took a centrist position, ruling that the official’s decision was in accordance with the law and there is no room for appeal. The judges do not believe same-sex marriage is against the Constitution, however, and left the door open for future appeals.
The last opinion voiced, held by four left-leaning judges, rejected the appeal but called for legislation to be sent to Congress concerning the issue.
A spokesperson for MOVILH said that they would not provide an official comment on the ruling until the verdict is released next week.
They also said the group is prepared to challenge any adverse result in the appeals court and if necessary in Chile’s Supreme Court.