Tag Archives: Supreme Court

Brazilian judicial council: Notaries must recognize same-sex marriage

The Brazilian National Council of Justice, which oversees the nation’s judiciary, passed a resolution Tuesday that denies notaries the right to refuse to perform same-sex marriages.

In Brazil, notaries officiate marriages and civil unions.
Recently, 12 Brazilian states began allowing same-sex couples to marry or convert their civil unions into marriages. However, since the Supreme Court does not carry legislative powers, it was up to each notary to officiate at their discretion, and many refused, citing the lack of law.
Joaquim Barbosa, president of the Council of Justice, said in the decision that notaries cannot continue to refuse to “perform a civil wedding or the conversion of a stable civil union into a marriage between persons of the same sex.”
Barbosa, who also presides over the Supreme Court, says the resolution merely follows the transformation of society.
“Our society goes through many changes, and the National Council of Justice cannot be indifferent to them,” he said.
Civil unions between same-sex couples have been recognized in Brazil since 2011, after the Supreme Court ruled that the same rights and rules that apply to “stable unions” of heterosexual couples would apply to same-sex couples, including the right to joint declaration of income tax, pension, inheritance and property sharing. People in same-sex unions are also allowed to extend health benefits to their partners, following the same rules applied to heterosexual couples.
Brazilian lawmakers have debated same-sex marriage, but in most cases, the bills introduced have not progressed through Congress.
Brazilian neighbors Uruguay and Argentina are the only other two countries in Latin America that have laws allowing same-sex couples to marry.

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Republicans Sign Brief in Support of Gay Marriage

WASHINGTON — Dozens of prominent Republicans — including top advisers to former President George W. Bush, four former governors and two members of Congress — have signed a legal brief arguing that gay people have a constitutional right to marry, a position that amounts to a direct challenge to Speaker John A. Boehner and reflects the civil war in the party since the November election.

Jon M. Huntsman Jr., who opposed same-sex marriage
 during his 2012 presidential bid, signed the brief.
Meg Whitman supported Proposition 8
when she ran for California governor.

The document will be submitted this week to the Supreme Court in support of a suit seeking to strike downProposition 8, a California ballot initiative barring same-sex marriage, and all similar bans. The court will hear back-to-back arguments next month in that case and another pivotal gay rights case that challenges the 1996 federal Defense of Marriage Act.”
The Proposition 8 case already has a powerful conservative supporter: Theodore B. Olson, the former solicitor general under Mr. Bush and one of the suit’s two lead lawyers. The amicus, or friend-of-the-court, brief is being filed with Mr. Olson’s blessing. It argues, as he does, that same-sex marriage promotes family values by allowing children of gay couples to grow up in two-parent homes, and that it advances conservative values of “limited government and maximizing individual freedom.”
Legal analysts said the brief had the potential to sway conservative justices as much for the prominent names attached to it as for its legal arguments. The list of signers includes a string of Republican officials and influential thinkers — 75 as of Monday evening — who are not ordinarily associated with gay rights advocacy, including some who are speaking out for the first time and others who have changed their previous positions.
Among them are Meg Whitman, who supported Proposition 8 when she ran for California governor; Representatives Ileana Ros-Lehtinen of Florida and Richard Hanna of New York; Stephen J. Hadley, a Bush national security adviser; Carlos Gutierrez, a commerce secretary to Mr. Bush; James B. Comey, a top Bush Justice Department official; David A. Stockman, President Ronald Reagan’s first budget director; and Deborah Pryce, a former member of the House Republican leadership from Ohio who is retired from Congress.
Experts say that amicus briefs generally do not change Supreme Court justices’ minds. But on Monday some said that the Republican brief, written by Seth P. Waxman, a former solicitor general in the administration of President Bill Clinton, and Reginald Brown, who served in the Bush White House Counsel’s Office, might be an exception..

New York Times, February 25th 2013
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