The National Council of Justice of Brazil, headed by Supreme Court Chief Justice Joaquim Barbosa, ruled yesterday that government licensing offices cannot deny homosexual couples marriage licenses. The ruling is expected to accelerate a law legalizing same-sex marriage in the Brazilian Congress.
Basing their decision on the Supreme Court’s 2011 ruling that recognizes same-sex civil unions and guarantees homosexual and heterosexual couples the same rights under the constitution, the council ruling bars notary publics from denying marriage licenses to same-sex couples. The ruling also calls for government licensing offices to convert a civil union into a marriage if requested by the couple. While 14 of Brazil’s 27 states have already legalized same-sex marriage, national legislation has failed to pass the Brazilian Congress, which has a strong religious faction.
Barbosa rejected the notion that a congressional decision was necessary to begin issuing marriage licenses. “Are we going to require the approval of a new law by the Congress to put into effect the decision that was already taken by the Supreme Court? It makes no sense,” he said on Tuesday, adding that the high court’s decision should be followed by the lower courts as it “is binding.” A challenge of the council’s decision by the Supreme Court is not likely.
Should Congress act and pass legislation regarding same-sex marriage this year, Brazil would follow Argentina and Uruguay and become the third Latin American country to legalize gay marriage.