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1 year ago @ Equality on Trial - Open thread 10/12 UPDA... · 0 replies · +4 points

Peru: Constitutional Court will finally decide on marriage equality on 3 November:

* Today the court refused to discuss the issue publicly on a 4-3 vote, even though issues of public interest have recently been discussed publicly.
* Three judges are conservative and three ones are liberal. There is a moderate judge (Manuel Miranda) and he voted along with the conservatives to reject the public discussion of the issue. Some people think this is a bad signal and that the reason for a private discussion is to hide their homophobic arguments. Others say that only actions of unconstitutionality and conflicts of competence can be discussed publicly, according to the court's regulatory statutes (reglamento) (Art. 43-A), and the Ugarteche case is neither of them but an amparo.
* The draft ruling is in favour of overseas same sex marriage recognition.
* We don't know exactly how judge Miranda will vote in the end. Previously he had voted in favour of transgender rights, but his recent vote against the public discussion of the case is worrying.

Let's cross fingers.


2 years ago @ Equality on Trial - First Monday open thre... · 2 replies · +2 points

Marriage equality un Panamá:

An article from La Prensa newspaper from Panama says that the draft ruling on same-sex marriage in Panama was rejected by the judges of the Supreme Court. It proposed that marriage was only between a man and a woman. The new ruling is being drafted by a female judge. We could that asume that, as the homophobic draft ruling was rejected, the new one Will he a positive one, but que have to be cautious about making conclusions.

2 years ago @ Equality on Trial - 9/8 open thread UPDATE... · 0 replies · +1 points

It's not clear for me if this is a lawsuit or something that can eventually lead to the Inter-American Court taking a marriage case. As far as I am concerned, international lawsuits take place when there is no other instance at the national level. And up to now the Panama Supreme Court has not issued a decisión Yet

2 years ago @ Equality on Trial - 7/13 open thread · 0 replies · +3 points

So we have to wait up to ten days for the Tribunal Electoral to rule on the issue. However, we don't know if their ruling will apply to all couples or if they Will rule on the issue of free unions ir marriage. Whatever the case, it would be the first Time that same-sex union becomes legal through an administrative court. Let's compare it to Costa Rica. Their administrative court threw the issue to the Constitutional Court saying that the marriage ban had to be struck down first.

On the other hand, the Boliviano ruling didn't come from their "Tribunal Constitutional" but from a "Constitutional Chamber". I don't know how the judicial system in Bolivia Is. Let's wait ten days so.

2 years ago @ Equality on Trial - No Title VII decisions... · 0 replies · +4 points

Breaking news: Motion to delay marriage equality un Costa Rica has been rejected by parliament.

3 years ago @ Equality on Trial - News update and open t... · 0 replies · +4 points

Amazing news from Peru: President Vizcarra dissolves homophobic congress. This is good news for the lgbt Peruvian.

3 years ago @ Equality on Trial - 9/16 open thread w/ UP... · 0 replies · +4 points

Peru: Worrying situation for the LGBT community as Congress to elect new judges to the Constitutional Court on 30 September.

The problem with this election is that the homophobic fujimorismo party and its allies have proposed conservative bigots to replace six (out of seven) judges, whose service period concluded in June of this year.

Unlike countries like the US, the Peruvian Constitutional Court judges are proposed and elected by the Congress only.

However, this election might be irregular, as they proposed the list of judges in just half and hour and scheduled the vote within a week, without conducting interviews or participation from the publicó.

Five parties (leftists especially) have criticised this tactic from fujimorismo, as it is clear that they want to control the Constitutional Court in order to free Keiko from prison.

Some Congresspeople say they will ask for intervention from internacional organizations to stop this mess.

The judges should be elected by the next congress, which will take place very soon thanks to president Vizcarra proposal to anticipate elections in the country.

The Constitutional Court has a pending marriage equality case. The latest news about it occurred on 8 August, when the judges decided to accept amicus curiae from different organizations prior to ruling on the issue. More than a month has passed and the ruling should already must be voted. We don't know. It would be terrible if the case were to be solved by the incoming homophobic judged. They would surely rule that marriage equality is "unconstitutional" and the issue would then be blocked for almost a decade.

However, yo choose a judge the Congress needs 87 votes. Let's hope the leftists and moderates don't give their votes.


3 years ago @ Equality on Trial - 8/5 open thread and ne... · 0 replies · +5 points

Peru: Óscar Ugarteche case

According to the Constitutional Court’s website, the judge in charge of the marriage equality case will be Carlos Ramos Núñez, a liberal judge! When a judge is assigned a case, that means that a ruling will very soon take place.

Some time ago the president of the Court said that a draft ruling was ready and that the case would be resolved in March “at the latest”.

Also, some months ago a user on Twitter said that there was a draft ruling that the judges were going to debate but it was against marriage equality. However, it is August and no ruling has been published. This can only mean one thing: that the negative draft ruling has been rejected and that Ramos Nuñez will propose a positive ruling.

Big news from Peru might be coming very soon.

3 years ago @ Equality on Trial - 7/22 open thread and n... · 0 replies · +1 points

Are the IACHR rulings directly and immediately binding on Jamaica, as it is the case with Guyana and the Caribbean Court of Justice?

3 years ago @ Equality on Trial - 7/16 open thread · 1 reply · +4 points

Cuba: 63,1% of Cubans in favour of same sex marriage.