In what was clearly the exception, not the rule, a federal judge Tuesday upheld Puerto Rico’s ban on marriage equality. U.S. District Judge Juan Perez-Gimenez, ruled that 40-year-old precedent from the U.S. Supreme Court dictates courts must uphold laws against same-sex marriage. Judge Perez-Gimenez was referring to Baker v. Nelson, a 1972 marriage equality case that the Supreme Court refused to hear.
The Washington Blade reports Perez-Gimenez criticized the wave of marriage equality victories in states across the country.
"Because no right to same-gender marriage emanates from the Constitution, the Commonwealth of Puerto Rico should not be compelled to recognize such unions,” Perez-Gimenez writes. “Instead, Puerto Rico, acting through its legislature, remains free to shape its own marriage policy. In a system of limited constitutional self-government such as ours, this is the prudent outcome. The people and their elected representatives should debate the wisdom of redefining marriage. Judges should not.”