University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Conde-Vidal v. Garcia-Padilla PB-PR-0001
Docket / Court 3:14-cv-01253-PG ( D.P.R. )
State/Territory Puerto Rico
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization Lambda Legal
Case Summary
On March 25, 2014, a same-sex couple filed a pro se complaint in the United States District Court for the District of Puerto Rico. The couple, legally married in another state, asked the District Court to enter an order ruling Article 68 of the Civil Code of Puerto Rico, 31 L.P.R.A. § 221, ... read more >
On March 25, 2014, a same-sex couple filed a pro se complaint in the United States District Court for the District of Puerto Rico. The couple, legally married in another state, asked the District Court to enter an order ruling Article 68 of the Civil Code of Puerto Rico, 31 L.P.R.A. § 221, unconstitutional. The law in question limits marriage to unions between one man and one woman. The plaintiffs argued it violates their rights to due process and equal protection in violation of the Fourteenth Amendment of the United States Constitution.

On July 25, 2014, the plaintiffs, now represented by counsel, filed an amended complaint adding four other same-sex couples and the organization Puerto Rico Para Tod@s to the litigation. Puerto Rico Para Tod@s is a non-profit organization that advocates on behalf of LGBT causes in Puerto Rico. Two of the couples joined were married in other states and sought to have their marriages recognized in Puerto Rico and two others sought to be married in Puerto Rico. The plaintiffs also sought the costs, expenses, and attorneys' fees related to the lawsuit.

On October 21, 2014, United States District Court (Judge Juan M. Pérez-Giménez) entered an order granting the defendants' 12(b)(6) motion, dismissing the case for failing to state a claim upon which relief could be granted. The court ruled that it was bound by the U.S. Supreme Court's decision in Baker v. Nelson, 409 U.S. 810 (1972). In Baker, the Supreme Court issued a one-sentence opinion dismissing a case, "for want of a federal question." The case involved a same-sex couple in Minnesota that challenged Minnesota's prohibition on same-sex marriage. The Minnesota Supreme Court upheld the state's prohibition on same-sex marriage and the U.S. Supreme Court's opinion allowed that decision to stand. The District Court (Judge Pérez-Giménez) reasoned that this decision forbid it from considering the case for lack of jurisdiction.

On October 28, 2014, the plaintiffs filed an appeal with the United States Court of Appeals for the First Circuit.

On July 8, 2014, the First Circuit vacated the district court ruling upholding the ban and sent it back to the district court for further consideration in light of Obergefell v. Hodges, 135 S.Ct. 2584 (2015).

On March 8, 2016, the district court held that Obergefell did not incorporate the right for same-sex couples to marry against Puerto Rico through the Fourteenth Amendment or invalidate Article 68. The Court held that incorporation would require an express decision from the Supreme Court of the U.S., the Supreme Court of Puerto Rico, Congress, or the Puerto Rico Legislature.

The plaintiffs then petitioned the First Circuit for the issuance of a writ of mandamus requiring the district court to deem the same-sex marriage ban unconstitutional. The defendants moved to join the petition. The First Circuit granted both the petition and the motion in an opinion on April 7, 2016, ordering a clerk to enter judgment in favor of the plaintiffs. That same day, the district court ordered the marriage ban unconstitutional, and on April 11, 2016, it entered declaratory judgment.

On August 17, 2016, the district court approved the parties' private agreement regarding attorneys' fees.

The case is now closed.

Thomas Topping - 03/02/2015
Sarah Precup - 03/20/2016
Virginia Weeks - 10/19/2016


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Commonwealth of Puerto Rico
Plaintiff Description The plaintiffs are three same-sex couples married in other states who wish to have their marriages recognized in Puerto Rico and two same-sex couples who seek to get married in Puerto Rico.
Indexed Lawyer Organizations Lambda Legal
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Case Ongoing No
Additional Resources
click to show/hide detail
  William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
3:14-cv-1253 (D.P.R.)
PB-PR-0001-9000.pdf | Detail
Date: 08/17/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Declaratory Judgment Injunctive Relief Deprivation of Civil Civil Rights [First Complaint] [ECF# 1] (2014 WL 1229672)
PB-PR-0001-0001.pdf | WESTLAW | Detail
Date: 03/25/2014
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Injunctive and Declaratory Relief [ECF# 7] (2014 WL 3374705)
PB-PR-0001-0003.pdf | WESTLAW | Detail
Date: 06/25/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 57] (54 F.Supp.3d 157) (D.P.R.)
PB-PR-0001-0002.pdf | WESTLAW| LEXIS | Detail
Date: 10/21/2014
Source: PACER [Public Access to Court Electronic Records]
Judgment [Ct. of App. ECF# 62] (2015 WL 10574261)
PB-PR-0001-0004.pdf | WESTLAW | Detail
Date: 07/08/2015
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order (167 F.Supp.3d 279) (D.P.R.)
PB-PR-0001-0005.pdf | WESTLAW| LEXIS | Detail
Date: 03/08/2016
Source: Bloomberg Law
PETITION FOR A WRIT OF MANDAMUS TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Ct. of App. ECF# 70] (818 F.3d 765)
PB-PR-0001-0006.pdf | WESTLAW| LEXIS | Detail
Date: 04/07/2016
Source: PACER [Public Access to Court Electronic Records]
Order Declaring Unconstitutionality of Puerto Rico Same-Sex Marriage Ban [ECF# 73] (D.P.R.)
PB-PR-0001-0007.pdf | Detail
Date: 04/07/2016
Source: PACER [Public Access to Court Electronic Records]
Declaratory Judgment [ECF# 76] (D.P.R.)
PB-PR-0001-0008.pdf | Detail
Date: 04/11/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Gelpi, Gustavo Antonio Jr. (D.P.R.)
PB-PR-0001-0007 | PB-PR-0001-0008 | PB-PR-0001-9000
Kayatta, William Joseph Jr. (First Circuit)
PB-PR-0001-0006
Perez-Gimenez, Juan Manuel (D.P.R.)
PB-PR-0001-0002 | PB-PR-0001-0005 | PB-PR-0001-9000
Thompson, Ojetta Rogeriee (First Circuit)
PB-PR-0001-0006
Torruella, Juan R. (D.P.R., First Circuit)
PB-PR-0001-0006
Plaintiff's Lawyers Antczak, Harriet M. (New York)
PB-PR-0001-9000
Conde-Vidal, Ada M. (Puerto Rico)
PB-PR-0001-0003 | PB-PR-0001-9000
Gonzalez-Pagan, Omar (New York)
PB-PR-0001-9000
Gorenberg, Hayley J. (New York)
PB-PR-0001-0003 | PB-PR-0001-9000
Humphrey−Skomer, Jael (New York)
PB-PR-0001-9000
Kang, Jin (New York)
PB-PR-0001-9000
Kubek, Gary W. (New York)
PB-PR-0001-0003 | PB-PR-0001-9000
Kusmin, Ryan M. (District of Columbia)
PB-PR-0001-0003 | PB-PR-0001-9000
Romany-Siaca, Celina (Puerto Rico)
PB-PR-0001-0003 | PB-PR-0001-9000
Defendant's Lawyers Diaz−Rivera, Idza (Puerto Rico)
PB-PR-0001-9000
Lozada−Rodriguez, Sonimar (Puerto Rico)
PB-PR-0001-9000

- click to show/hide ALL -

new search
page permalink

- top of page -