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Marriage Equality

Puerto Rico Won't Defend Marriage Ban

Puerto Rico Won't Defend Marriage Ban

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A federal court upheld the commonwealth's ban on same-sex marriage, but Puerto Rico's government will not defend the ban as the decision is appealed.

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The government of Puerto Rico will cease defending the U.S. commonwealth's ban on same-sex marriage, its justice minister said Friday.

"Because of sexual orientation, Puerto Rico has denied rights that others enjoy," Justice Minister Cesar Miranda said at a press conference in San Juan, the Washington Blade reports. "This is not correct."

Puerto Rico is one of the few places in the U.S. where a federal court has upheld a marriage ban. U.S. District Judge Juan Perez-Gimenez did so in February, and his decision is on appeal to the U.S. Court of Appeals for the First Circuit.

Gov. Alejandro Garcia Padilla's administration filed a brief with the First Circuit Friday, saying it "cannot responsibly advance before this court any interest sufficiently important or compelling to justify the differentiated treatment afforded so far to plaintiffs."

Among those praising the move was Puerto Rico native Ricky Martin. He sent out a tweet beginning, "Mi agradecimiento al Gobernador Alejandro Garcia Padilla por demostrar que es un lider que no teme al los retos del presente," which translates to "My gratitude to Governor Alejandro Garcia Padilla for demonstrating that he is a leader who is not afraid to of the challenges of the present."

LGBT rights groups also offered praise. "The actions taken on this day complete the constitutional promises of justices and equality for LGBTT people in Puerto Rico," Omar Gonzalez-Pagan of Lambda Legal, which is representing the same-sex couples challenging the ban, told the Blade.

Evan Wolfson, president of Freedom to Marry, issued a statement commending the Puerto Rican government. "As the U.S. Supreme Court prepares to hear marriage cases next month, this makes clear that all of America is ready for the freedom to marry," he said.

There is precedent for Puerto Rico's action, as officials in several states, including California, Nevada, Oregon, and Pennsylvania, have declined to defend marriage bans in court. And the U.S. government eventually ceased defending the federal Defense of Marriage Act, now invalidated by a Supreme Court decision.

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Trudy Ring

Trudy Ring is The Advocate’s senior politics editor and copy chief. She has been a reporter and editor for daily newspapers and LGBTQ+ weeklies/monthlies, trade magazines, and reference books. She is a political junkie who thinks even the wonkiest details are fascinating, and she always loves to see political candidates who are groundbreaking in some way. She enjoys writing about other topics as well, including religion (she’s interested in what people believe and why), literature, theater, and film. Trudy is a proud “old movie weirdo” and loves the Hollywood films of the 1930s and ’40s above all others. Other interests include classic rock music (Bruce Springsteen rules!) and history. Oh, and she was a Jeopardy! contestant back in 1998 and won two games. Not up there with Amy Schneider, but Trudy still takes pride in this achievement.
Trudy Ring is The Advocate’s senior politics editor and copy chief. She has been a reporter and editor for daily newspapers and LGBTQ+ weeklies/monthlies, trade magazines, and reference books. She is a political junkie who thinks even the wonkiest details are fascinating, and she always loves to see political candidates who are groundbreaking in some way. She enjoys writing about other topics as well, including religion (she’s interested in what people believe and why), literature, theater, and film. Trudy is a proud “old movie weirdo” and loves the Hollywood films of the 1930s and ’40s above all others. Other interests include classic rock music (Bruce Springsteen rules!) and history. Oh, and she was a Jeopardy! contestant back in 1998 and won two games. Not up there with Amy Schneider, but Trudy still takes pride in this achievement.