11 Aug 2010

Rights of minorities not to be determined by popular vote: Costa Rica court

Costa Rica's top court on Tuesday ruled that a planned public referendum on same-sex civil unions is illegal thus blocking the electoral tribunal from holding a referendum that would have let voters decide if same-sex civil unions should be allowed in the largely Roman Catholic country.

Agence France-Presse via inquirer.net reported on Aug 11, 2010:

A constitutional court in Costa Rica on Tuesday derailed a Catholic Church-supported national referendum on whether the country should grant same-sex couples the right to civil unions.

The vote was scheduled for December 5 and in this highly Catholic country was expected to reject the possibility of granting same-sex couples the same rights as their married counterparts. 

But the Supreme Court ruled that the rights of minorities could not be determined by a popular vote and that the issue should be decided by the country's lawmakers.

"Minority rights that are derived from claims against the majority cannot be subject to a referendum process where majorities are needed," the court said in a statement.

The vote sought to ask Costa Ricans whether the Central American country should grant same-sex couples some of the rights of married couples, such as in inheritance, health insurance benefits and the right to family visits in case of hospitalization.

...

Argentina last month became the first country in Latin America to legalize same-sex marriage.

Costa Rica