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Spain's Top Court Rules: Gay Marriage is Constitutional

Spain

Spain's highest court has upheld the constitutionality of the seven-year old marriage equality law.

Spain's top court today ruled that the law passed in 2005 by the Socialist government of José Luis Rodríguez Zapatero allowing gay couples to marry is fully constitutional, answering an appeal challenging in it by the conservative Popular Party's Mariano Rajoy.

Eight judges (seven progressive and conservative Francisco Perez de los Cobos) voted in favor and three judges, all appointed under the Popular Party, dissented.

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Comments

  1. Great news!

    Posted by: Jeff | Nov 6, 2012 1:38:00 PM


  2. headline should read "Spain's Top Court Rules That Facts and Logic Are More Important Than Opinions Gleaned from Fairytales"

    Posted by: LittleKiwi | Nov 6, 2012 1:41:11 PM


  3. Sometimes I think we need a "Like" button, just for LittleKiwi.

    Posted by: BABH | Nov 6, 2012 1:42:32 PM


  4. we're so backward

    Posted by: t | Nov 6, 2012 1:52:31 PM


  5. Viva España!

    Posted by: Gast | Nov 6, 2012 2:40:08 PM


  6. Fantastic! Catholic country, after all.

    Posted by: Matt26 | Nov 6, 2012 2:41:56 PM


  7. The Vatican is not pleased.

    Hehehe!

    Posted by: JohnAGJ | Nov 6, 2012 2:52:23 PM


  8. Thank you Spain.
    Phuck the Vatican.

    Posted by: JackFknTwist | Nov 6, 2012 2:57:24 PM


  9. Bear in mind, this was not exactly something Spanish citizens voted on, it was simply passed by a majority government, and now passed a constitutional challenge by a majority 'Progressive' court. The reason gay marriage is given the OK by some governments in western Europe is they are highly centralized, don't require voter approval, and in general occur in countries that are classic Euro welfare states...this is important because the way leftist governments get gay marriage passed is most people don't complain [even though many disapprove] as long as the leftist government continues to give them their entitlements.

    Hey, I'm just being honest here. And of course I'm for gay marriage and civil unions...LOL. But a truly honest analysis would be interesting to see once and a while instead of the BS party line and narrative.

    Posted by: ratbastard | Nov 6, 2012 2:59:57 PM


  10. As always Ratbastard, A ray of Sunshine.... .or should I say un Rey del Sol...

    Posted by: John Normile | Nov 6, 2012 3:03:58 PM


  11. you mean like in Canada, ratbastard-whose-fake-dad-was-fake-killed-by-fake-blacks, where our liberal government passed marriage equality, countrywide, because our court system has enough integrity to understand that you dont' let a majority vote on the rights and freedoms of an historically persecuted minority group?

    this has nothing to do with "leftists governments" and everything to do with what happens when a judicial process values facts, logic, reason and empirical evidence over the baseless and valueless opinions of a mass of uneducated people.

    Posted by: LittleKiwi | Nov 6, 2012 3:04:11 PM


  12. you mean like in Canada, ratbastard-whose-fake-dad-was-fake-killed-by-fake-blacks, where our liberal government passed marriage equality, countrywide, because our court system has enough integrity to understand that you dont' let a majority vote on the rights and freedoms of an historically persecuted minority group?

    this has nothing to do with "leftists governments" and everything to do with what happens when a judicial process values facts, logic, reason and empirical evidence over the baseless and valueless opinions of a mass of uneducated people.

    Posted by: LittleKiwi | Nov 6, 2012 3:04:14 PM


  13. @Lil' Canadian,

    I swear on my dad's grave I'd beat the living snot out of you if I ever met you, you phuking obnoxious punk. You have serious phuking mental health issues,boss.

    Canad fits the bill as I described. So doesn't my state, Massachusetts.

    Posted by: ratbastard | Nov 6, 2012 3:12:53 PM


  14. nah. you'd try, but like all cowards who are all (anonymous) talk, you wouldn't last five seconds.

    ;-)

    yes. good old canada. passing equality across the country because it's not only the right thing to do, but when laid out in a court of law it's also the only logically legal thing to do.

    i don't have mental health issues. i'm not the one who invented a fake dead dad murdered by "blacks" to justify my racist posts :P

    Posted by: LittleKiwi | Nov 6, 2012 3:18:58 PM


  15. @ratbastard surveys showed that at the time the law was passed (2005), close to 60% of the population were for same-sex marriage in Spain. It was actually one of the electoral promises of the goverment elected in 2004.

    So your argument does not quite hold. And let's not talk about the (quite WTF) entitlement comment...

    Posted by: Da | Nov 6, 2012 3:23:08 PM


  16. Ratbastard: Fundamental civil rights like marriage don't require a popular vote in order to be legitimately ratified. A popular vote would strip criminal suspects of most of their rights, or allow Christians to force pagans to pray with them in public schools. Rights of unpopular minorities often need protection from the tyranny of the majority.

    Posted by: BABH | Nov 6, 2012 3:30:34 PM


  17. Gay marriage was one of the promises of PSOE when they won the elections. Back then more than 60% of the country was in favour of the law, and right now the percentage is way higher.
    PP were very coward in this. There were no real intention of changing the law (our minister of justice married a lot of gay couples when he was Madrid major), but they want to make happy a very small part of the party (and even smaller of the voters, i have a good bunch of friends who are PP voters and all have no problem with gay marriage) so instead of being brave and not try to overtune the law, they decided to let the decision on the constitutional court, knowing what is going to happen (in fact they decided not to change the judges of the constitutional court).

    Posted by: jjose712 | Nov 6, 2012 3:37:52 PM


  18. Could I please have some of that Norwegian and Swedish capitalist democracy welfare state? Please?

    Posted by: Forty-Seven Percenter | Nov 6, 2012 3:50:46 PM


  19. I have to support LITTLEKIWI 100% (as usual) on this.

    The majority does NOT have the right to vote on the rights of minorities.

    THAT's properly determined by (high) courts, looking at constitutions/charters/bills of rights and freedoms...

    If it's ***LAW*** at that level, it MUST be inforced.

    James

    Posted by: James in Toronto | Nov 6, 2012 4:11:19 PM


  20. Most people seem to understand in the U.S. that a majority doesn't have the right to deny the already-existing rights of a minority (read: religion, race, voting, gender), however, some have a problem analogizing this principle to permitting the minority rights currently denied to the minority but allowed to the majority (i.e., marriage rights for same sex couples). It seems to me to be a logical reasoning / IQ problem, since the analogy is proper.

    Posted by: susan | Nov 6, 2012 4:52:55 PM


  21. I have to agree with "James in Toronto".

    Look at what happened when our rights were subject to a vote in California.

    The civil right to marry whom one wishes, straight, black, gay , is one of those enumerated rights in the constitution which are found and interpreted as a society matures.They were always there , it just takes us a long time to actually see them through all the fog of racism and homophobia.
    Surely we never wanted a vote on whether blacks should be allowed marry whites.

    Posted by: JackFknTwist | Nov 6, 2012 5:40:56 PM


  22. In Spain, same-sex marriage is a political, social, civil-rights and religious issue in many nations, and debates continue to arise over whether same-sex couples should be allowed marriage, be required to hold a different status. , or not have any such rights.

    Posted by: Audrey Hona | Nov 6, 2012 8:29:42 PM


  23. Dear ratbastard,

    I,m from Spain, and I can tell you that in 2005, before gay marriage was aprove, more than 60% populaton aproved that. There were surveys, you can find it on internet or in spanish newspappers.

    Posted by: Wlfsp | Nov 7, 2012 3:17:17 AM


  24. Gee, Ratbastard, one wishes you would offer facts and proof instead of the usual anecdotal nonsense you post here.

    Viva Espana! El progreso sigue avanzando!

    Posted by: jamal49 | Nov 7, 2012 11:35:20 AM


  25. THAT's properly determined by (high) courts, looking at constitutions/charters/bills of rights and freedoms...

    Posted by: idateasian | Nov 16, 2012 12:53:42 AM


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