Though the article is in Spanish, I probably don't have to translate the majority opinion of the Constitutional wing of the Supreme Court (Sala IV) on their reason for blocking Costa Rica's version of Prop 8 from going up for a popular vote:
[una] materia legislativa y no electoral
This is "a legislative, not electoral, matter." Furthermore, the decision came with the kind of unequivocal defense of political minorities that is too often lacking in our discussions about marriage bans:
la mayoría consideró que los derechos de las minorías que surgen de reivindicaciones contra-mayoritarias no pueden ser sometidos a un proceso de referendo donde se imponen las mayorías.
Basically, the rights of minorities cannot and should not be put up to popular vote.
For those of you who've followed this issue, the Costa Rica election committee accepted the referendum back in July (for the December ballot). In the meantime LGBT and civil rights groups mobilized in opposition:
Nine institutions formed the Costa Rican Coalition of Sexual Diversity Organizations and Groups (CONODIS), which is campaigning against the referendum, regarded by its members as an attempt to violate human rights.
...
"I think they (the Supreme Court) will block it," Quirós told IPS. Costa Rica has signed several international treaties that confirm that basic rights cannot be subjected to a referendum, he pointed out.
He cited, for example, the Universal Declaration of Human Rights, the American Convention on Human Rights and the International Covenant on Civil and Political Rights.
Quirós was right, but Costa Rica's constitutional protections were enough.
This is part of a wave of marriage equality that's sweeping through Latin America. Of course it's not all rosy: Mexico City is currently the only place in Central America where same-sex couples can enjoy marriage, and even Costa Rica is likely to draw the line at civil unions.
Still, full marriage became legal in Argentina just last month, and both Uruguay and Paraguay may be moving in that direction in the near future. Meanwhile, Mexico's Supreme Court just ruled that marriages performed in Mexico City are legal nationwide (see Chrislove's diary just below.)
This, my friends, is what we call momentum. Whatever the temporary setbacks and frustrations we may face on the path to equality, there's no doubt which way that path is heading. To quote Bill Bennett (!) in his surprisingly candid Daily Show appearance, "This debate is over." Maggie Gallagher is the rigor mortis of the anti-equality movement.
Of course, we can always help nudge that momentum. If you're not already involved, consider joining Freedom to Marry, who have nationwide events and opportunities for volunteerism. Especially useful is their state-by-state breakdown, which will tell you not only the status of marriage equality, but also tracks news related to the issue in each state.
The single most important thing we can do is influence public opinion. So whatever your medium of choice - from conversations over the dinner table to facebook posts - let your family and friends know where you stand on marriage equality.
Congratulations to all the groups who worked so hard in Costa Rica to prevent voters from taking away their rights. The battle isn't over, but they've just cleared a huge hurdle.