Argentinian Judge Reverses Homosexual 'Marriage'

Orders couple to return all documents within 72 hours

By Matthew Cullinan Hoffman, Latin America Correspondent

BUENOS AIRES, March 10, 2010 (LifeSiteNews.com) - An Argentinan judge has nullified the "marriage" recently contracted between two homosexuals in the city of Buenos Aires, and has ordered them to return all documents related to the union.

Judge Felix Igarzabal, a national judge, reversed a previous decision by a Buenos Aires judge permitting the "marriage" between Damian Bernath, 39, and Jorge Salazar Capon, 43, in late February.

Igarzabal based his decision on article 172 of Argentina's national civil code, which states that the "complete and free consent expressed personally by a man and a woman before the authority that is competent to celebrate it, is indispensable for the existence of matrimony."

The couple's attorney, Florenzia Kravetz, said the two had not received formal notification of the decision, and claimed that the "marriage" would legally remain in effect until such notification was delivered.

Kravetz also denied that the judge had jurisdiction in the case. However, the Corporation of Catholic Attorneys responded by pointing out that "a city judge does not have jurisdiction when the issue is marriage. Those who have authority are the national civil courts."

Maria Rachid, president of the Argentina Federation of Lesbians, Gays, Bisexuals, and Transsexuals, said that her organization would appeal the decision to the Supreme Court, and would even attempt to put the judge on trial, claiming that he acted on personal bias in the case.