Journal
LATIN AMERICAN POLITICS AND SOCIETY
Volume 61, Issue 2, Pages 138-163Publisher
CAMBRIDGE UNIV PRESS
DOI: 10.1017/lap.2018.76
Keywords
Colombia; Costa Rica; LGBT rights; same-sex marriage
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Funding
- Norwegian Research Council through the University of Bergen/Chr. Michelsen Institute project Sexual and Reproductive Rights Lawfare: Global Battles
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Costa Rica and Colombia, two of the earliest Latin American countries to protect many LGBT rights, attempted to amplify those rights and litigate same-sex marriage (SSM) in mid-2000s; however, these attempts sparked a major anti-LGBT backlash by religious and conservative organizations. Yet a decade later, Colombia legalized SSM while Costa Rica still lacks the right to SSM. Using a most-similar systems comparative case study, this study engages the judicial politics literature to explain this divergent outcome. It details how courts, while staying receptive to many individual LGBT rights claims, deferred SSM legalization to popularly elected branches. In spite of the lack of legislative success in both countries, in Colombia a new litigation strategy harnessed that deference to craft a litigated route to legalized SSM. In Costa Rica, the courts' lack of conditions or deadlines has left SSM foundering in the congress.
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