Just hours after the U.S. Court of Appeals for the First Circuit affirmed for the second time that Puerto Rico’s ban on marriage for LGBT people is unconstitutional and ordered the case be reassigned to a new judge, District Court Judge Gustavo A. Gelpí issued a judgment striking down that ban.
The U.S. Court of Appeals for the First Circuit today once again affirmed that Puerto Rico’s marriage ban is unconstitutional and ordered the District Court of Puerto Rico to enter judgment in favor of Lambda Legal’s plaintiffs and, in light of the egregious disregard of its prior order, ordered that the case be reassigned to a different district court judge.
Lambda Legal filed a petition in the U.S. Court of Appeals for the First Circuit asking the court to make clear that last summer’s U.S. Supreme Court ruling in Obergefell v. Hodges, which granted same-sex couples the right to marry, applies to Puerto Rico and to order the district court to enter judgment in favor of the plaintiffs.
Today, Governor Alejandro García Padilla announced that the decision issued yesterday by the District Court for the District of Puerto Rico, holding that the historic U.S. Supreme Court ruling in Obergefell v. Hodges striking down discriminatory marriage bans nationwide did not apply to Puerto Rico because it is not a state, would not affect the ability of LGBT people in Puerto Rico to marry. Lambda Legal applauds the Governor’s announcement.
Today, the U.S. District Court of the District of Puerto Rico ruled that the historic U.S. Supreme Court ruling in Obergefell v. Hodges striking down discriminatory marriage bans nationwide did not apply to Puerto Rico because it is not a state, and denied a joint motion brought by Lambda Legal and the Commonwealth of Puerto Rico to declare Puerto Rico’s ban on marriage for same-sex couples unconstitutional. Lambda Legal will appeal the ruling.
In light of the ruling in Obergefell v. Hodges which struck down marriage bans nationwide, the U.S. Court of Appeals for the First Circuit vacated the district court’s ruling in Conde-Vidal v. Rius-Armendariz, that had upheld Puerto Rico’s discriminatory ban.
Lambda Legal called on three courts to act immediately to strike down bans on marriage for same-sex couples in North Dakota, Louisiana and Puerto Rico in light of the U.S. Supreme Court’s historic ruling declaring marriage bans across the country unconstitutional. Lambda Legal is litigating marriage cases in those jurisdictions which have been pending during the Supreme Court’s consideration.