A judge in Rio de Janeiro does not want to make life easier for gay couples in the state. Luiz Henrique Oliveira Marques, from the 1st Public Registry Court in Rio, has been denying all requests from homosexual couples who want to convert their stable union into marriage.
Luiz Henrique alleges the request is unconstitutional. And the problem is that all marriages in Rio, whether between gays or straights, have to go through this gentleman's scrutiny.
According to the Brazilian Association of Gays and Lesbians (ABGLT), since the Federal Supreme Court recognized stable unions between people of the same sex on May 5 last year, more than one hundred marriages have been recognized in Brazil. Although marriage is not a decision of the national courts, judges have the power to carry out the conversion if they wish.
Of these more than a hundred marriages, only one is from the state of Rio de Janeiro, which was endorsed by a judge.
It is worth remembering that marriage brings several benefits that a stable union does not, such as using your partner's surname; being able to be registered as a dependent in the INSS, health plan or Income Tax, inheritance and adoption rights.
If it depends on Judge Luiz Henrique, there will be no marriage between two people of the same sex in the Brazilian state that most attracts gay tourists. "I know that there are other judges who follow my position, as there are those who accept marriage. One solution that people must be finding is to look for another court where this has been admitted. I imagine that this is happening. I would like to think differently, but it is my legal and legal position on the matter. Despite all the sadness this may cause, I cannot violate my conscience and my independence in judging", he says.
This is why deputy Jean Wyllys (PSOL-RJ) is fighting in Congress to approve the constitutional amendment for equal civil marriage. The deputy's project needs 171 signatures to go to a vote, so far it has 113.
"The situation in Rio hides a homophobic feeling. The judge is forgetting that his role is to provide justice. And there is an injustice when a considerable portion of the population does not have the right to life, freedom and happiness. Rio is the main LGBT tourist destination in Brazil and, precisely in this state, homosexuals cannot marry. This judge's stance does not match the face of Rio", says Jean Wyllys.
