The Sala IV constitutional court has rejected an appeal that sought to make same-sex marriages legal here.

The Poder Judicial reported the decision Tuesday night. The court let stand an article in the Codigo de Familia or family code that defined marriage as only legal between persons of the opposite sex.

Lawyer Yashín Castrillo Fernández filed the appeal July 29, 2003, and claimed that this provision in the family code conflicted with a principle of equality contained in the Costa Rican Constitution.

The high court vote was 5 to 2. The majority of the magistrates agreed that heterosexual couples are not in the same situation as homosexual couples, according to a summary provided by the Poder Judicial.

The magistrates also said there was no legal barrier to prevent homosexuals from living together and that the decision rendered specifically referred to the institution of matrimony.

The magistrates also suggested that some legislative remedy should be considered to provide stability and judicial security for homosexual unions.