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Spanish
Judge Faces Prosecution
For
Refusing To Perform Gay Marriages
by
365Gay.com from the Web, June 10, 2006
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Madrid, June 9 -- A judge in
the southern town of Alicante who was censured last year for refusing to perform
same-sex marriages could be prosecuted after ignoring a directive from Spain's
highest court that she is obligated to conduct and register the weddings.
Judge Laura Alabau refused to permit the marriage of a couple who reside outside
the country -- claiming that she is not required to perform marriages of couples
if those marriages would be illegal in their home country.
It is the third time Alabau has refused to conduct a same-sex marriage.
Last year the Constitutional Court rejected an appeal of Spain's marriage
equality law by Alabau and another judge. In its ruling the court said
that under Spanish law judges cannot refuse to marry gay and lesbian couples.
In the most recent case Alabau's refusal has been referred back to the court.
Although the Constitutional Court could censure her, that could be the least of
her problems.
Earlier this year she was accused by Valencia's assistant prosecutor, Jose Maria
Lopez Coig, of causing unnecessary delays in performing same-sex marriages.
In a terse letter to the Valencia Supreme Court Alabau demanded that Lopez Coig
retract his criticism accusing him of becoming "a shameful appendage of the same
government."
The letter also accused him of persecuting her with the government's "propaganda
machine, by hounding those who impart a justice which may not be to the liking
of those who control all other areas of the State."
The court forwarded a copy of the letter to the government in Madrid.
The Ministry of Justice has asked the General Council for Judicial Power if
Alabau should be prosecuted for making "serious accusations’ against the
government.
If she is convicted Alabau could face a hefty fine or be removed from office.
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