April 20, 2021 The Newspaper Serving LGBT Los Angeles

Puerto Rico gay marriages safe, Appeals Court rules

bandera gay puerto rico

BY ANGELO CASIANO  | “The district court’s ruling errs in so many respects that it is hard to know where to begin,” reads the six-page unsigned opinion from the First Circuit Court of Appeals in Boston. This time around, its treatment of the case is a harsh, almost unprecedented treatment for a senior U.S. District Court Judge like Juan Pérez-Giménez.

Judge Pérez-Giménez had ruled in favor of the Commonwealth’s ban in October 2014, but the First Circuit of Appeals sent the case back to the trial court after the Supreme Court’s June 2015 ruling in Obergefell v. Hodges, striking down marriage bans nationwide. In the wake of Obergefell the appeals court ordered Pérez-Giménez to “further consider” the matter “in light of,” said decision adding that the appeals court judges “agree with the parties … that the ban is unconstitutional.”

The Commonwealth’s Government led by Alejandro García Padilla (which initially opposed marriage equality at the District Court level) backed down and began issuing marriage licenses last Summer.

Nonetheless, in March of this year, Pérez-Giménez upheld the ban for a second time, reasoning that the Supreme Court’s ruling did not apply to an unincorporated territory like Puerto Rico.

In a sternly worded decision handed on Thursday afternooon, the appeals court disagreed, stating, “[i]n ruling that the ban is not unconstitutional because the applicable constitutional right does not apply in Puerto Rico, the district court both misconstrued that right and directly contradicted our mandate” (emphasis ours).

The appeals court granted the request from the parties challenging the ban that the appeals court issue an order “requiring the district court to enter judgment in their favor striking down the ban as unconstitutional.”

The appeals court also took the extraordinary step of unceremoniously kicking Pérez-Giménez off the case, ordering that the case “be assigned randomly by the clerk to a different judge to enter judgment in favor of the Petitioners promptly.”

The matter was before First Circuit Judges Juan Torruella, Ojetta Rogeriee Thompson, and William Joseph Kayatta Jr. The opinion, however, was issued “per curiam,” meaning, “by the court” — as in, it was not signed by any of the judges in particular.

Puerto Rico officials have agreed with the parties challenging the ban that Puerto Rico’s ban is unconstitutional since the Obergefell decision.

in NEWS
Related Posts

Los Angeles LGBTQ Center Receives 80K Grant

April 18, 2021

April 18, 2021

The Los Angeles LGBT Center received an $80,000 grant to help Californians enroll in Medi-Cal and other programs.  The grant...

Edify TV: Helping Local Cultural, Religious and LGBTQ+ Centers

April 11, 2021

April 11, 2021

Westside cultural, religious and LGBTQ+ centers stand to benefit from a new fund the City of Los Angeles has created...

L.A. Stage Alliance To Cease Operations After Several Companies Exit

April 9, 2021

April 9, 2021

The Los Angeles Stage Alliance (LASA) announced that it would “cease all operations” following the departure of more than 25...

Gender Neutral Potato Head- E.P.I.C Pride Show, April 7th, 2021

April 6, 2021

April 6, 2021

E.P.I.C Pride, Highlighting the latest LGBTQ news in Entertainment, Politics, International affairs, and Culture.  – Gender Neutral Potato Head  –...

James Charles Admits Messaging 16 Year Old Boys

April 4, 2021

April 4, 2021

YouTube star, makeup artist and Los Angeles resident James Charles issued an apology video entitled “Holding Myself Accountable” admitting to...

Pride Poets’ Corner: Double Dutch Nymph By Féi Hernandez

March 28, 2021

March 28, 2021

The Pride LA and West Hollywood Poet Laureate Brian Sonia-Wallace would like to introduce Féi Hernandez featuring their latest work...

Los Angeles Becomes First No-Kill City For Animal Shelters

March 28, 2021

March 28, 2021

The City of Los Angeles has become a no-kill city for animal shelters for the first time, thanks to the...

Candlelit Vigil Held For Rayanna Pardo

March 25, 2021

March 25, 2021

A candlelit vigil was held on March 20th for Rayanna Pardo, a trans woman of color who died three days...

Miss Great Britain Comes Out As Bisexual – E.P.I.C Pride Show, March 17th, 2021

March 17, 2021

March 17, 2021

E.P.I.C Pride, Highlighting the latest LGBTQ news in Entertainment, Politics, International affairs, and Culture. ⁃ Miss Great Britain Is Bisexual...

New Harry Potter Video Game Will Feature Trans Witches & Wizards

March 14, 2021

March 14, 2021

The newest Harry Potter video game titled Hogwarts Legacy will allow players to create trans characters.  The game will allow...

FDA First Injectable HIV Vaccine- E.P.I.C Pride Show, March 10th, 2021

March 10, 2021

March 10, 2021

E.P.I.C Pride, Highlighting the latest LGBTQ news in Entertainment, Politics, International affairs, and Culture.⁃ FDA First Injectable HIV vaccine ⁃...

New Poll Shows 5.6% Of Adults Identify As LGBTQ

March 6, 2021

March 6, 2021

A new survey by Gallup shows that more adults are identifying as LGBTQ than ever before — an increase driven...

Dancer JoJo Siwa Comes Out – E.P.I.C Pride Show, March 3rd, 2021

March 3, 2021

March 3, 2021

E.P.I.C Pride, Highlighting the latest LGBTQ news in Entertainment, Politics, International affairs, and Culture. ⁃ JoJo Siwa comes Out ⁃...

Lady Gaga’s Dog Walker Shot And Her Dogs Stolen

February 25, 2021

February 25, 2021

Ryan Fischer, Lady Gaga’s dog walker, was the victim of a brutal robbery in West Hollywood Wednesday night.  30 year...

Anti-LGBTQ Talk Show Host Rush Limbaugh Dies At 70 – E.P.I.C Pride Show, February 24th, 2021

February 24, 2021

February 24, 2021

E.P.I.C Pride, Highlighting the latest LGBTQ news in Entertainment, Politics, International affairs, and Culture. ⁃ Rush Limbaugh Dead At 70...