The Public Ministry refused to prosecute two women who managed to register their marriage thanks to an error in the registration, because the unions between two people of the same sex are no longer a crime.
The reason for the request (to the Court) was based on the atypical nature of the case, ie, in that the facts no longer constitute a crime,”
indicated the Public Ministry via email to CRHoy.com
This Tuesday the Prosecutor’s Office requested the definitive dismissal in favor of the two women. In 2015, Jazmín Elizondo and Laura Floréz Estrada got married despite the fact that same-sex unions were not allowed in Costa Rica.
It was possible because Elizondo was registered as “male” and with this registration error the marriage was legally constituted between a man and a woman. However, the Civil Registry filed a complaint against them, the lawyer who officiated, Marco Castillo, and the two witnesses of the wedding.
The Public Ministry initially presented an accusation for illegal marriage and ideological falsehood. However, the process was stopped because the legality of same-sex unions was being discussed in the Constitutional Chamber.
In August 2018, the magistrates of the Constitutional Court declared unconstitutional the articles of the Costa Rican legislation that banned unions between two men and two women.
In addition, they gave the legislators a term of 18 months to legislate in the matter, respecting the figure of marriage and ensuring the same rights heterosexual couples enjoy, as resolved by the Inter-American Court of Human Rights (Inter-American Court).