Same-sex de facto relationships

Dario Gómez Suárez v. Supreme Court of Justice - Civil Appellate Chamber

Date:  07/11/2019

Judge-Rapporteur:  Alberto Rojas Ríos

Concurrence:  Alejandro Linares Cantillo.  Gloria Stella Ortiz Delgado.  Alberto Rojas Ríos

Facts. The plaintiff, challenged the judicial decision by which the Supreme Court – Civil Room declared the de facto relationship with his former partner as a result of an action filed against him. He claimed that he did not live for more than the required two years with his partner, as of the ruling C-075/07 of the Constitutional Court, which recognized same-sex de facto relationships.  He argued that the challenged decision ignored the rules of period of validity of the Court´s orders, and the principles of legal certainty and acquired rights, as well as it directly violated of the Constitution.

Issue: Do same-sex partners have the right to marital status even if living together before the recognition by this Court in Judgement C_075/07J?

Ruling and reasoning.  Yes.  To reach this decision, the Chamber elaborated on Issues related to: the provenance of legal action against judicial orders, the law enforcement, the time of validity of the Court´s judgments, and the ruling C-075/07.  In this regard, the Court emphasized that its decisions are subject to immediate implementation, unless otherwise stated in the judgement itself.  The Forum concluded that the recognition of the same-sex de facto relationships also covers couples living together prior to ruling C-075/07.    

As a result, the Court DENIED the motion and confirmed the questioned judicial decision.