Before the new magistrates are appointed, the plenary session of the constitutional Court declared the claim inadmissible ungrouped congresswoman of the Purple Party Susel Paredes with which he required that his marriage to Gracia Aljovín, celebrated in Miami (United States) in 2016, be recognized and registered in the National Registry of Identification and Civil Status (Reniec).
The decision was made by majority, with the votes of Augusto Ferrero, Carlos Miranda, Ernesto Blume and José Luis Sardón (rapporteur). Marianella Ledesma and Eloy Espinosa-Saldaña opposed.
Sardón de Taboada maintains that “the plaintiffs’ marriage was validly celebrated in Miami”, but this “collides with the notion of marriage contained not only in the Civil Code, but also in the Political Constitution of Peru.
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The former magistrate also interprets the Universal Declaration of Human Rights and the Pact of San José to support his presentation.
“No owner of truth or monopolist of virtue can force us to think one way or another. Peruvian society is an autonomous community of free men and women, who structure their interaction by the rules that they themselves agree through their representatives. Such norms can be right or wrong, conducive or inconducive, appropriate or inappropriate; however, in any case, they must be respected by those of us who live here,” says Sardón de Taboada.
The former tribune maintains that to recognize marriage between people of the same sex, a reform of the Magna Carta is required.
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“Introducing it through the window (equal marriage), through a resolution of the Constitutional Court, would imply that the constitutional magistrates unduly usufruct and abuse the position that we temporarily occupy. We are here not to replace legislators or constituents, but only to enforce the Constitution”, he explains.
Ledesma questions ruling against the same-sex marriage of Susel Paredes
In her basis for her vote, the former magistrate Marianella Ledesma He harshly criticizes José Luis Sardón’s speech, since he considers that he has “misrepresented what the Constitution or certain Human Rights Treaties say”.
“Let it be clear: neither the Peruvian Constitution, nor the American Convention on Human Rights, nor the Universal Declaration of Human Rights, nor the International Covenant on Civil and Political Rights establish, in any extreme, what they affirm, and even less our Constitution ‘contains the same notion of marriage as the Peruvian Civil Code’ (foundation 17), which establishes that ‘marriage is the union voluntarily arranged by a man and a woman,’” says Ledesma.
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“I warn that these sentences will be studied, as a legal ‘paleontology’ from an anachronistic thought to the rights of Peruvians in our country”, warns the former president of the TC.
