Same-sex Marriage Lawsuit Filed in El Salvador

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A lawyer in El Salvador has filed a lawsuit before El Salvador’s Supreme Court asking for the nullification of Article 11 of the Family Code which defines marriage as “a legal union between a man and a woman”.

Labeling the law as discriminatory and explaining the lack of gendered terms used in Article 34 of the Constitution’s summary of a marriage, the suit seeks to allow same-sex couples the right to wed.

Reacting to the lawsuit, several members of the Legislative Assembly dismissed the notion of allowing same-sex marriage, citing Article 11.

In recent years, several attempts by the Assembly’s conservative parties have been made to add a constitutional ban against same-sex marriage, but the second-largest party in the Assembly continued to deny them the 2/3 majority of votes required to ratify the ban.

The latest attempt led by a 35-member strong right-wing party in 2015 reached the first threshold of at least 43/86 votes in favor, but the leftist Farabundo Marti National Liberation Front’s 31-seat abstention resulted in the ban’s current state of limbo as 56 votes in favor are required for the ratification of a constitutional amendment.

El Salvador is the latest Latin American country after Mexico (on a state by state basis), Chile, Ecuador, Costa Rica, and Venezuela to sue for marriage equality.

For more information on the LGBT rights situation in El Salvador, please visit: https://en.wikipedia.org/wiki/LGBT_rights_in_El_Salvador

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