Wednesday, 8 July 2020

Everything Simple Made Difficult, The Costa Rican Way!

There is no stopping the road to equality, but how long will it take to get there?

RICO’s TICO BULL – Costa Rica’s first same-sex marriage that was set for today, Saturday, following the Corte Interamerican de Derechos Humanos (Inter-American Court of Human Rights) said last week endorsed equal marriage in Costa Rica and throughout Latin America, has been put on hold.

No, not by the couple having second thoughts about tying the knot, rather by the country’s bureaucracy.

Let me explain.

- paying the bills -

The Inter-American Court of Human Rights, based in San Jose, ruled that all of its signatory countries must allow same-sex marriage. The Court recommended that those rights be upheld by way of temporary decrees (executive orders) while the governments amend laws.

To that end, President Luis Guillermo Solis directed government agencies to apply the ruling until the Legislative Assembly adopts new laws.

The Tribunal Supremo de Elecciones (TSE), the government agency that maintains the civil registry, among other agencies, was notified of the order of the executive branch.

In consultation with the TSE this past Tuesday, Mario Arias and Roberth Castillo had the Ok to tie the knot. The date was set. Saturday, January 20. Later, after a visit to the Notary Public, in the evening there would be a party for family and friends to celebrate the union.

But.

- paying the bills -

Civil marriages in Costa Rica requires the paperwork of a Notary Public, a person licensed by the government to perform acts in legal affairs.

While notaries play a limited role in the United States and Canada legal system, their role is key in Costa Rica and many countries of Latin America, from buying real estate, transfer of vehicle ownership, certifications, wills and trusts, among others. And getting married.

In Costa Rica, all Notaries are Attorneys, but not all Attorneys are Notaries. Lawyers can give legal advice if a legal issue arises, a Notary cannot.  Notaries (Notarios in Spanish) are regulated through the Direccion Nacional de Notariado (DNN); Lawyers (Abogados in Spanish) through the Colegio de Abogados y Abogadas de Costa Rica.

On Thursday the DNN made the decision that Notaries WILL NOT be able to register same-sex marriages. The decision was made public Friday morning.

The DNN says it would not authorize notaries to register same-sex marriages until the legislature or the courts annul laws outlawing gay marriage. “The rules that regulate marriage in Costa Rica … remain in force,” said the DNN in a statement.

Predominantly Roman Catholic Costa Rica, as several Latin American countries, still do not allow same-sex marriage. Argentina, Brazil, Colombia, Uruguay and some parts of Mexico allow same-sex couples to marry.

- paying the bills --

And while the Costa Rica government is permitting the unions by decree, until the laws are changed, it appears the decree does not apply to Notaries, completely contrary to the Inter-American Court and the Presidential directive.

Of course, the laws will change. “There is nothing stopping the road to equality, but the truth is we don’t know how long it will take to get there,” said Larissa Arroyo, the attorney representing Mario and Roberth, on Friday.

All this bring us to what many of us know well about Costa Rica, “everything simple is made difficult”. That is the Costa Rican way of things!

Rico
Ricohttp://www.theqmedia.com
"Rico" is the crazy mind behind the Q media websites, a series of online magazines where everything is Q! In these times of new normal, stay at home. Stay safe. Stay healthy.

Related Articles

Is entry into the European Union based on physical location or nationality?

(QCOSTARICA) On July 1 the European Union (EU) Member States approved...

Keeping our streets moving …

Transito (traffic official) Andrhea Briceño posted this photo and message on...

MOST READ

Basic basket, rentals, water and electricity would be exempt from VAT for six months

(QCOSTARICA) With the aim of helping Costa Ricans who suffer the economic effects of the Covid-19 pandemic, legislators hastened the passage of a bill...

There are still those who don’t get it…

Rico's TICO BULL - Browsing social networks I still am amazed at how some, at times, seems many still haven't gotten the facts straight...

Costa Rica is fertile land for “revenge tourism” by Americans

(QCOSTARICA) Betting on the sense of "revenge" that Americans have for having to postpone their travels, should be one of the strategies of Costa...

BAC layoffs 373, closing 11 branches and 79,789 credit card accounts

(QCOSTARICA) BAC Credomatic announced this Thursday, July 2, the layoff of 373 employees, the closing of 11 branches or points of service and will...

COVID-19 Costa Rica: another record with 294 new cases; Rollback on reopening for the GAM

(QCOSTARICA) The coronavirus pandemic in Costa Rica has been setting records the last couple of weeks, but the biggest single-day increases in cases was...

Daniel Salas affirms that the country can still flatten the curve

(QCOSTARICA) Although the 294 new cases of COVID-19 reported Wednesday will force the country to step back on measures to reopen, Health Minister, Daniel...

Let's Keep This Going!

To be updated with all the latest news and information about Costa Rica and Latin America.