Puerto Rico Federal Judge: Only Supreme Court Can Allow Same-Sex Marriage “Traditional marriage is exclusively [an] opposite-sex institution,” a federal judge rules. U.S. District Court Judge Juan Pérez-Giménez dismissed a lawsuit challenging Puerto Rico’s ban on same-sex couples’ marriages.
Carolyn Kaster, AP
WASHINGTON — A federal judge in Puerto Rico has dismissed a challenge to the state's ban on same-sex couples' marriages on Tuesday — concluding that a one-sentence 1972 Supreme Court decision dismissing a same-sex couple's marriage claim remains the law of the land.
"Baker, which necessarily decided that a state law defining marriage as a union between a man and woman does not violate the Fourteenth Amendment, remains good law," U.S. District Court Judge Juan Pérez-Giménez wrote, referencing the Baker v. Nelson case.
Only the Supreme Court itself, by specifically overruling Baker, could open the path for same-sex couples to marry, he rul