An Uruguayan judge has legally recognized a gay marriage conducted overseas.

The ruling grants the binational Spanish and Uruguayan couple, married in Spain in 2010, the same rights and responsibilities as heterosexual couples in Uruguay. 

This case sets a unique precedent for the country's marriage laws since gay marriage, though legal is Spain since 2005, is still not legal in Uruguay.

'This ruling turns the jurisprudence that has existed in Uruguay in the last 40 years,' the couple's lawyer Michelle Suárez Bertora said in an interview with La Prensa.

Bertora took over the case after a first judge rejected the couple's initial request to have their marriage recognized in Uruguay. The courts reassigned the case to judge Eduardo Martinez, who approved the couple's petition.

Bertora, who is also a legal advisor to Uruguayan gay-rights group Black Sheep Collective (Colectivo Ovejas Negras), pointed out the ruling uncovers a paradox within Uruguay's judicial system.

'A same-sex couple can't marry in Uruguay, but if they travel outside the country to Argentina, for example, they could marry there and then return to have their union recognized here.'

On 31 May (Thursday) Argentina passed a resolution authorizing the marriage of foreign gay couples in the country.

It remains unclear if and how gay marriage laws will be upheld in couples' countries of residence where gay marriage may not be valid.

The ruling still holds sway for Bertora, who is considered Uruguay's first openly transgender lawyer. In February 2011 she launched a campaign within Uruguay's courts to legalize same-sex marriage.

Uruguay has been one of the leading Latin American countries in terms of providing equal rights for its LGBT population.

The country instituted anti-discrimination laws in 2003 and in 2007 became the first Latin American country to legalize civil unions under national legislation. Under civil unions, gay couples may apply to receive health benefits, inheritance, parenting and pension rights after being together for five years.

In 2009, Uruguay became the first Latin American nation to allow gay and lesbian couples to adopt children. In the same year, Uruguay passed legislation that allows gays in the military and grants citizens the right to legally change their gender.