A federal judge has upheld Puerto Rico's traditional marriage law, bucking the recent trend of federal courts to strike down state laws enshrining traditional marriage. District judge Juan M. Perez-Gimenez, a Carter appointee, delivered a ruling that relied on a conservative reading of the Constitution and legal precedent, and created the potential for a split among the U.S. circuits that could prod the Supreme Court to take up the question in future.
Earlier this month, the Supreme Court declined to take up the issue of the constitutionality of gay marriage, despite requests from both sides of the issue that it do so. One reason that it is thought to have denied review is that there is not yet a split among the U.S. Courts of Appeals, which have thus far agreed to strike down state traditional marriage laws. If the First Circuit upholds the Puerto Rico ruling, a split would suddenly emerge.
