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.
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George on May 30, 2009 ·
I’ve read the two posts of the same theme in your spanish and english blogs and i got surprised that both texts are slightly different. It’s nice to observe this little sociocultural adjustments and how you brought gay marriage in to both audience. You have two attitudes for two audience and the same solution for gay marriage. Your attitude for USA people is curious to me because i don’t know what do you expect to react the english audience about this gay marriage and the judge behaviour.
Riviera on June 1, 2009 ·
Whether you want one or another judge to marry you should be your own decision. But a judge should not be allowed to reject his duty and remain a judge. What if he decided that he doesn’t want to judge, for example, real estate cases, because they’re too tedious and unrewarding? Or cases involving coffee drinkers because he’s a Mormon? Personal beliefs play a role in deciding whether to enter the race for the post. The same way as a doctor who’s a Jehova’s Witness shouldn’t probably become a surgeon because that would involve blood transfers. But once they’re in the job, either they do it, or they’re fired.
Martin Varsavsky on June 1, 2009 ·
Yes, it should be your decision. But in Spain you cannot decide who marries you. So if the judge is forced, so are you.
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alberto on May 30, 2009 ·
I wanna make an apreciation about the judge’s argument. He haves to marriage them because in spain a state statment is not allowed to alegate an ideologic compromise for no be in law.
From my point of view this is an obvious argument. Another thing is if the gay couple prefers to be married by someone loves it. But this is their decision. Not our decision, neither mayor’s one. Why I say that? Imagine a couple that wants to be married in a conservative town (for example because they live there his whole live), and the mayor and also his team doesn’t want to do that. Imagine that, for them, to be married in his town is more important that the actitude of the mayor.
So, for me, this is a great (and constitucional) desition. The rest is in couple hands.
Sorry for my english!