Appeals Court Rules Puerto Rico Same-Sex Marriage Ban Unconstitutional, Decimates Lower Court Ruling
Source: The New Civil Rights Movement
by David Badash
April 07, 2016 4:57 PM
The 1st Circuit Court of Appeals has just handed down a decision overturning a lower court's ruling that had found Puerto Rico's ban on same-sex marriage to be constitutional. In early March a federal judge ludicrously decided that because the U.S. territory was not an incorporated territory, the U.S. Constitution was to be applied differently, despite previous rulings, including the Supreme Court's decision in Obergefell.
Same-sex marriage once again is constitutional in Puerto Rico.
Today's ruling clearly mocks the decision of the lower court judge, U.S. District Court Judge Juan Pérez-Giménez, and does not mince words in doing so. ... “The district court’s ruling errs in so many respects that it is hard to know where to begin,” the 1st Circuit Court ruling begins.
There's plenty of legalese below, but suffice to say that the federal appeals court, as Chris Geidner at Buzzfeed notes, "stated unambiguously that Puerto Rico’s ban on same-sex couples’ marriages is unconstitutional, throwing a federal judge off a case after the judge had ruled in March that the ban was still in effect." ... The ruling can be read at Equality Case Files.
Read more: http://www.thenewcivilrightsmovement.com/davidbadash/appeals_court_rules_puerto_rico_same_sex_marriage_ban_unconstitutional_decimates_lower_court_ruling
Hat tip, Joe.My.God: PUERTO RICO: First Circuit Court Boots Crackpot Judge Who Ruled Obergefell Doesn’t Apply In US Territories
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