U.S. District Judge Perez Gimenez has issued a ruling upholding Puerto Rico's ban on same-sex marriage. Equality on Trial reports:
Citing Baker v. Nelson and the First Circuit Court of Appeals decision striking down Section 3 of the federal Defense of Marriage Act (DOMA) a judge in Puerto Rico has dismissed a challenge to its same-sex marriage ban.
In that DOMA case, Massachusetts v. HHS, the First Circuit had said that Baker v. Nelson is binding precedent on the issue of whether there’s a right to same-sex marriage; they then found that Baker didn’t prevent them from ruling on DOMA, which didn’t involve the states’ regulation of marriage.
The Puerto Rico case can be appealed to the First Circuit, which hasn’t had an opportunity to review challenges to same-sex marriage bans since all the states in that circuit allow same-sex marriage.
The suit challenging Puerto Rico's marriage ban was brought by a lesbian couple, Ada Conde Vidal and Ivonne Álvarez Velez, who sued to have their marriage performed in Massachussetts recognized by the commonwealth. As we previously reported, Conde decided to file the suit after realizing that she would be barred from making medical decisions on behalf of her ailing daughter. Puerto Rico's ban on same-sex marriage was enshrined into law in 1999 after lawmakers amended the U.S. commonwealth’s civil code to ban recognition of same-sex marriages.
Chris Johnson of The Washington Blade also points out that Judge Gimenez was appointed by President Jimmy Carter.
Judge who uphold Puerto Rico's ban on same-sex marriage is a 1979 appointee of Jimmy Carter.
— Chris Johnson (@chrisjohnson82) October 21, 2014
Read the decision, AFTER THE JUMP…
