A lesbian couple in Costa Rica is being sued by the state for their 2015 marriage. According to the lawsuit, their crime is ‘falsedad ideológica en perjuicio de la familia’ (ideological falsehood to the detriment of the family).
Laura Flórez-Estrada and Jasmin Elizondo married in July 2015 due to an error in the Registro Civil (Civil Registry). The state is also suing the couple’s two witness and the notary who registered their marriage.
Same-sex couples currently do not have the right to marry in Costa Rica, although that could soon change.
In November, the country’s Supreme Court ruled the Family Code, which disallows same-sex marriage, unconstitutional. They said if no new legislation was drawn up within 18 months, same-sex marriage would automatically become legal.
Legal authorities set the hearing for 5 February. Flórez-Estrada and Elizondo will be present, as well as their notary, Marco Castillo, and the two witnesses, Adriana Sánchez González and Mario Villalta.
How did they first get married?
According to Q Costa Rica, Castillo was able to register the couple’s marriage due to a clerical error. The registry listed Elizonda’s sex as male.
The error became public in November, thus prompting the lawsuit.
Flórez-Estrada explained she is going to ask the judge to dismiss the case due to the Supreme Court’s recent ruling.
‘The logical thing would be that now our case does not go beyond the preliminary hearing, they should not process us and this should be dismissed,’ she said.
Castillo added that if the case continues, they will file a case with the Inter-American Court of Human Rights (IACHR) for a violation of human rights.