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Martin Varsavsky

Martin Varsavsky

Posted: May 29, 2009 08:06 PM

Spanish Supreme Court Forces Judge to marry Gay couples


If you still think about Spain as a conservative, Catholic country you can change your mind. Spain is one of the most liberal and secular countries on the planet now, up there with The Netherlands. Gambling, prostitution, are either legal or losely regulated. Even downloading movies and music is legal in Spain. And gay marriage is of course, legal as well. But today a controversy arose when a judge said that, as a Catholic, he objected to marry gay people. Newspaper El Pais reports Judge Pablo de la Rubia asked if he could possibly be excused from marrying gay couples. Surprisingly he was told by the Supreme Court that he had to marry gay couples whether he approved of their marriage or not. The argument went that because it´s legal for gay people to get married as a judge it´s part of his job to marry them. While I see the logic to the argument I think the Supreme Court´s position is too extreme. If Judge De la Rubia thinks it´s wrong for gay people to get married, he should be excused from marrying gay people. Why? For a simple reason that has nothing to do with the law. His demeanor may spoil what could be the happiest moment in the couple´s life. There are enough other judges who will be happy to do the job. The problem with gay marriage, whether in Spain or USA is that the debate many times centers around legal principles. And while doing this people in government forget that what gay marriage is, is the desire of two people to at least try, to live happily ever after.