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Last-minute ruling halts first Latin American gay wedding

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  1. Mihangel apYrs 1 Dec 2009, 12:35pm

    “Judge Marta Gomez Alsina ruled that the first judge did not have the authority to give the couple permission to marry.”

    Obviously Judge Gabriela Seijas thought he did. This is a nasty spoiler depite what Alsina says.

  2. What a horrible thing to happen at the last moment. Why did the judge wait this long to intervene?

  3. The full story seems to be that the second judge was asked to rule on whether the first judge (apparently from a non-civil law branch of the judiciary) had the competence to authorise the marriage, which is a matter of civil law. The second judge is saying that the first judge does not have this competence:

    http://www.newstimes.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Marta+Gomez+Alsina%22

    This article, from a Chilean newspaper, quotes a spokeswoman from the Argentine LGBT as saying that one judge cannot annul the decision of another and that only a ruling by the Supreme Court can do so.

    http://www.exonline.com.mx//XStatic/excelsior/template/content.aspx?se=nota&id=794062

    jane.

  4. Found this one, from La Nacion in Argentina, which states that the regional government of Buenos Aires will be asking the Supreme Court to rule on the matter and that that process will take until the middle of next year:

    http://www.lanacion.com.ar/nota.asp?nota_id=1206100

    jane.

  5. At least all this stuff makes enough buzz to push the lawmakers into discussing the same sex law in Argentina. I knew that the marriage wouldn’t be that simple and –even if they achieved that- they could face further judicial challenges. So, either the law or the Supreme Court with ultimately have the last word.

  6. Thank you for the links and clarification, Jane.

  7. I don’t think this will surprise anyone but the comments after the Chilean article refer to “this being the reason God destroyed Sodom and Gomorrah” and it “being against the Law of God and of Nature”. So there you are, the Chilean branch of Celestial Nutters.

  8. @Jane: Luckily, Argentina -in that respect at least- is light years from Chile, a very conservative, catholic and militarist country.

  9. Lexxvs, yes I know. The debate after the article from La Nacion has over 700 comments, I’d say mostly in support of this couple and of LGBT people. The lawyer who requested the annulment of Judge Seijas’ original ruling in favour of the couple is a top lawyer in Buenos Aires, I’d guess (just a personal guess) that he’s either Catholic or that he has been engaged by the Catholic Church since top churchmen in Argentina were speaking out against it.

  10. Rahman, sometimes they have uncommon sense.

  11. If the ‘judges’ cannot decide what is right or wrong among themselves, how on earth can they decide the fate of other people? Judicial mess again.

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