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PopWrapped | LGBT

Judge Who Tried To Block Same-Sex Marriage In Puerto Rico Is Rebuked By Appeals Court

Rain Varela | PopWrapped Author

Rain Varela

Updated 04/13/2016 6:27am
Judge Who Tried To Block Same-Sex Marriage In Puerto Rico Is Rebuked By Appeals Court | Puerto Rico
Media Courtesy of Outtake Online

Ever since the Supreme Court of the United States made same sex marriage officially legal by striking down marriage bans, certain conservative factions within the judicial system like an Alabama Judge and Kim Davis, have been doing their best to defy the ruling, citing their religious belief as a reason for their actions.

The latest to come out of the woodwork is US District Court Judge Juan Pérez-Giménez of Puerto Rico who made a ruling on March 8 that stated because Puerto Rico is an unincorporated territory and not a State, it's marriage ban is still valid and remains in place.

In response the First Circuit Court Of Appeals ruled on Thursday that same-sex marriage is legal in Puerto Rico.

The Court, then released an unsigned opinion which stated:

The district court's ruling errs in so many respects that it is hard to know where to begin. The constitutional rights at issue here are the rights to due process and equal protection, as protected by both the Fourteenth and Fifth Amendments to the United States Constitution. … Those rights have already been incorporated as to Puerto Rico. … And even if they had not, then the district court would have been able to decide whether they should be. …

In 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. And it compounded its error (and signaled a lack of confidence in its actions), by failing to enter a final judgment to enable an appeal in ordinary course.

To make matters worse for Pérez-Giménez, the Court in a move that could be described as a reprimand, made the order for his immediate removal from the case. The court ruled that, "the case is remitted to be assigned randomly by the clerk to a different judge to enter judgment in favor of the Petitioners promptly."

Ouch!

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