Same Sex Marriage in Costa Rica

As with most of the other countries in Central America, Costa Rica is a predominantly Christian nation; hence their traditional views on marriage and the general opposition to same-sex unions. However, this had all changed on May 26, 2020 when the Costa Rican Supreme Court of Justice issued a ruling legalizing same sex marriages, making Costa Rica first Central America to do so.

This is a huge cause for celebration for gay couples and the entire Costa Rican LGBT community and supporters especially since this major development is something that had taken several years before coming to fruition.

How It All Started

In the Costa Rican Family Law Code of 1974, it was explicitly stated that marriage between persons of the same sex is not legally allowed. Although there were many gay couples in the country even then, the culture in Costa Rica was very conservative and deeply rooted in religious beliefs.

For these reasons, among others, not many really wanted to initiate change, choosing instead to just abide by the law. The general population at the time was also not yet very accepting of these untraditional relationships. Same-sex couples at the time that chose to pursue their relationships just kept a low profile to stay out of public attention.

By the turn of the century, a lot of individuals and groups had already begun to speak up in favor of same sex marriages, making it a heated topic of conversation in many circles. On May 23, 2006, the gay community took a huge setback when Supreme Court rejected the proposed legalization of same sex marriage.

Support from the Government and Various Sectors

In 2015, a series of bills supporting same sex marriage were submitted. Many groups also openly declared their support for these unions. Towards the end of 2016, Costa Rican President Luis Guillermo Solis assured the public of his support for same sex marriage, although he is personally against the concept.

In November 2017, Costa Rican Vice President Ana Helena Chacon spoke at a conference on the marital rights of same sex couples in Latin America, clearly declaring her support for same sex marriage.

The Legalization

The Inter-American Court of Human Rights released a ruling on January 9, 2018, that all countries that have signed the American Convention on Human Rights must legally allow the marriage of same sex couples. In line with their commitment to international agreements, Costa Rica agreed to fully abide by the ruling. This was met with much rejoicing by the LGBT community and human rights activists, while the Catholic Church openly and expectedly expressed their disapproval.

Although it was fairly clear by this time that same sex marriage will eventually be legalized in the country, there were still a lot of processes to go through before it could be finalized. There were several court rulings, objections, lawsuits, and preparatory guidelines that were set in motion by various groups that were either for or against the ruling.

On August 8, 2018, the Constitutional Chamber of the Supreme Court, known as Sala IV, ordered the Legislative Assembly to make the necessary amendments to the law and repeal Article 14 of the Family Code, which prohibited same sex couples from getting married. If the Assembly did not comply within 18 months of the Supreme Court ruling, this would lead to the automatic legalization of both same sex marriage and same sex civil unions.

As we now know, the ruling became official when the deadline passed on May 26, 2020, and so it is very clear that same sex marriages are now totally legal in Costa Rica.

Requirements for Same Sex Couples Who Want to Get Married

The requirements for couples who want to get married in Costa Rica are the same, regardless of whether they are of the same or different sex. Non-citizens who would like to get married in Costa Rica must present a valid passport. Citizens must show a valid Costa Rican identification card and a Certificate of Single Status that can be obtained from the Civil Registry.

Unlike some other countries women do not change their surname after getting married.

Conclusion

There is still some really conservative folk around who are not so accepting of same sex marriage, so you might expect a few disapproving looks as you submit your requirements. This is only to be expected. After all, it did take centuries for such a major development to happen. Little by little, society is sure to come around. In any case, you don't have to be bothered because no matter how people will react, it will have no effect on the legality of your marriage and on the joyousness of this memorable occasion in your life.