On May 26, 2020, same-sex marriage was legalized in Costa Rica, ending years of discrimination and struggle to get the same rights as heterosexuals.
In 2018, Costa Rica’s Supreme Court ruled same-sex marraige to be constitutional. To enforce the ruling, the country’s Legislative Assembly had 18 months to either enact it or have the decision overturned. There was even a failed attempt by 20 politicians to get an 18-month extension to further delay marriage equality. Two years later, though, marriage equality became legalized with the first marriages officiated in May of 2020. At midnight on May 26, same-sex marriage was legalized. To celebrate, marriages were also televised across the country due to the COVID-19 pandemic postponing many in-person events.
Marriage equality was a key campaign promise by President Carlos Alvarado Quesada. According to Quesada, “Together, under the same flag, we will build a better nation.” His 2018 presidential campaign highlighted Costa Rica’s commitment to bettering human rights and social actions. Quesada’s presidency helped the nomination of the first openly-gay congressman, Enrique Sanchez, who emphasized that this has been a long battle for activists across the nation.
Alexandra Quirós and Dunia Araya become first homosexual couple to be married at midnight on May 26. Ezequiel Becerra. CC 2.0
Sanchez was correct in this statement. Costa Rica has pushed for equality for homosexuals since 2016. It first advocated for equal protections and rights to privacy for LGBTQ+ individuals under the American Convention on Human Rights (ACHR) with assistance from the Inter-American Court of Human Rights. Through the convention, all countries within the Americas were pushed to recognize gay marriage. It was then decided in 2017 that all rights of heterosexuals and couples must be applied to every Costa Rican.
This was not an easy feat. Many across the country protested against this decision. For instance, 20 politicians tried to get another 18 months to delay the ruling but ultimately failed. There also has been strong pushback from religious groups that deny that homosexuality has grown considerably in Costa Rica. Catholicism is recognized as the official religion of the state, so lawmakers such as Eduardo Cruickshank felt the need to “defend the family as established and pleasing our Heavenly Father.” Up until now, marriages of same-sex couples were not recognized by the state and would automatically be annulled.
A research study by Sin Violencia LGBTI shows that more than 1,300 members of the LGBTQ+ community have been killed over the past five years across Latin America and the Caribbean. This group has become the leading coalition that pushes for governments to take action to better protect the LGBTQ+ community.
This historical achievement makes Costa Rica the first country in Central America and the 28th U.N. member state to recognize same-sex marriage and to legalize marriage equality. It is the sixth Latin American country to do so, following Argentina, Ecuador, Brazil, Colombia, Uruguay and parts of Mexico. The Costa Rican government hopes this will not only encourage change in Central America but throughout the entire world.
Eva Ashbaugh
is a Political Science and Gender, Sexuality, and Women's Studies double major at the University of Pittsburgh. As a political science major concentrating on International Relations, she is passionate about human rights, foreign policy, and fighting for equality. She hopes to one day travel and help educate people to make the world a better place.