Case 3:14-cv-01253-GAG Document 102 Filed 02/23/21 Page 1 of 2

1 IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO
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ADA M. CONDE-VIDAL, et al.,
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Plaintiffs,
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v.
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PEDRO R. PIERLUISI, et al.
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CIVIL NO. 14-1253 (GAG)
7 Defendants.

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ORDER: Continuing to Enforce Jurisdiction Over Declaratory Judgment
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Having studied the parties’ memoranda regarding enforcement jurisdiction at Docket Nos.
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100 & 101, the Court will continue to uphold the same in regards to the applicability of Obergefell
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v. Hodges, 576 U.S. 644 (2015), in the Commonwealth of Puerto Rico.
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In its declaratory judgment of April 11, 2016, the Court ordered that: “The Commonwealth
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of Puerto Rico, by way of its officials, employees and agents, shall guarantee validly married same-
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sex couples the same exact rights enjoyed by validly married opposite-sex couples.” (Docket No. 76
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at paragraph 4) (emphasis added). Moreover, the Court clearly indicated that for purposed of the
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declaratory judgment the “Commonwealth of Puerto Rico” included its three branches, as well as
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their respective officers and agents acting in official capacity. Id. at paragraph 6.
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In their Amended Complaint, Plaintiffs in-fact challenge discrimination towards same-sex
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married couple parental rights. (Docket No. 7 at paragraph 55(e)).
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Accordingly, Plaintiffs may seek to address under the existing judgment any curtailment of
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the rights enunciated by the Supreme Court in Obergefell, supra, and Pavan v. Smith, 137 S. Ct.
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2075 (2017).
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 Case 3:14-cv-01253-GAG Document 102 Filed 02/23/21 Page 2 of 2

Civil No. 14-1253 (GAG)

1 The present ruling is not one on the merits as to the issue of whether Articles 568-573 of the

2 2020 Commonwealth of Puerto Rico Civil Code are constitutional. Such is a matter that will have

3 to be fully addressed and briefed, should Plaintiffs proceed to challenge the same.

4 SO ORDERED.

5 In San Juan, Puerto Rico this 23rd of February, 2021.

6 s/ Gustavo A. Gelpí
GUSTAVO A. GELPI
7 United States District Judge

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