Recognition of same-sex unions in Costa Rica

Same-sex unions are not legally recognized in Costa Rica. Bills allowing for either civil unions or same-sex marriage are being considered by the Legislative Assembly. Additionally, multiple same-sex couples in the country have filed lawsuits in order to legalize civil unions or marriage.

The issue of recognising legal unions between two members of the same sex has been debated off-and-on since 2007, with the debate resurfacing in May 2009 and creating strong controversy due to the nation's strong Catholic influence.

During 2008, a group opposed to same-sex unions in Costa Rica requested the Costa Rican electoral authority, Tribunal Supremo de Elecciones, TSE, to organize a referendum on the subject. Most organizations supporting same-sex civil unions in the country opposed such action. On October 1, 2008, the TSE authorized the group to start collecting the signatures (5% of registered voters) required by law to authorize the referendum. By July 2010, the required signatures were collected and the TSE started the process with the intent to hold the referendum on December 5, 2010. In the meantime several organizations and individuals, including the Ombudsman Office of Costa Rica requested the Supreme Court to analyze the legality of the proposed referendum. On August 10, 2010, the Supreme Court declared unconstitutional the organization of such a referendum. The court concluded that same-sex couples constitute a minority group with disadvantages which are currently subject to discrimination and that allowing a referendum regarding their rights will expose them to the risk of having a non-gay majority limiting their rights and increasing their discrimination. It is now the responsibility of Costa Rica's Congress to legislate a civil unions law, however, as of December 2012, opponents have continuously blocked debate on it.

On July 2, 2013, the Legislative Assembly unanimously passed a measure that could legalize same-sex civil unions as part of a larger bill reforming the "Law of Young People". The passing of the bill was widely acknowledged to be a mistake on the part of legislators who were not aware of its implications; those voting for the bill included leglislators vocally opposed to LGBT rights. The mistake, however, did not impact the legality of the bill. The bill changes article 22 of the "Law of Young People" to recognize: "The right to recognition without discrimination contrary to human dignity, social and economic effects of domestic partnerships that constitute publicly, notoriously unique and stable, with legal capacity for marriage for more than three years." The bill also changes the country's Family Code to allow couples who have been living together for three or more years to be recognized as having a common-law marriage, which would grant them the benefits of legal partners such as alimony. The final approved version of the bill didn't include marriage as being between members of the opposite-sex. On July 4, 2013, Costa Rica President Laura Chinchilla signed the bill into law. A statement from the Minister of Communication said that it was not up to her to veto that bill and that the responsibility for interpreting it lay with legislators and judges.

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Wikipedia