A judge ordered the Registrar to cancel the recent marriage between two men, who also claims to return the book. For the couple's lawyer, the decision is "legally a scandal." The Falgbt announced it would appeal to the Court.

"There is no marriage" Damian Bernath and Jorge Salazar, a judge ruled Monday national Civil Igarzabal Frederick Gustav, at the request of attorney Ricardo Ernesto Lamuedra. Curiously, until last night the persons concerned had not been notified, nor his attorney, Florence Kravetz. "We learn from the media," confirmed Maria Rachid, president of the Federación Argentina LGBT (Falgbt), whose support was crucial for the couple to legally hold the first marriage between men of the city of Buenos Aires. Probably none of them come to notice: the ruling, which had access to this newspaper, does not foresee the need to warn the couple, which, in addition to Unmarried, the judge ordered Igarzabal red book back to the Civil Registry. The decision "legally is a scandal," said lawyer Kravetz. By the same token Rachid reaffirmed that since the Falgbt, "we hold that Damian and George are going to stay married until they decide to divorce. We knew that judges in connivance with the Catholic fundamentalism, the Federation will appeal to the Supreme Court if necessary. This ruling is not final ".

The Unmarried claim the couple married a week, argues the sentence is the best extent possible "in order to just social order." The ruling was in response to request for "nullity of marriage ceremony between same-sex" lawyer Ernesto Ricardo Lamuedra made to Civil Court 85 (ver aparte). The similarities are striking: in November last year, had brought Lamuedra (fruitless and before another court) an injunction to appeal the rating Mauricio Macri of the marriage between Alex Freyre and José Maria Di Bello, on 1 December, the Court issued 85 the injunction that prevented the same couple married in Buenos Aires with a speech very similar: a national court on the measure of one of Buenos Aires.

Case Igarzabal Bernath and Salazar said that should also "restore" the marriage game, and stop steps and procedures inherent in a legally recognized couple. The news, they said sources close to the couple, was surprising but not entirely unexpected by them, who "are willing to go forward, and are convinced of the legitimacy of their right".

In its petition, annulling marriages Lamuedra calls in an attempt to "defend an institution that affects the general interest of society and public order", so the judge wrote Igarzabal, "corresponds to admit their legitimacy to power." From there, the judge held that Igarzabal Liberatori authorized "a 'Marriage Nonexistent' as such and since the beginning has no legal effect", insists the judge: "There is no marriage" Bernath and Salazar. Precisely because of its "absence" is that "no legal effect whatsoever" and the judge proceeds to "declare the absolute invalidity of the act carried out on 3 of the current" in the Registry of the Calle Uruguay. The judge thus echoed Lamuedra demand, which was framed by the same argument that tried to prevent the marriage of Freyre and Di Bello: marriage exists to "channel a biologically productive intersexual attraction.

However, the court clarified that its ruling Igarzabal not imply "advance any opinion on the merits or discrimination toward the stable coexistence of people of the same sex." On the contrary, does it "in defense (...) (of) just social order. Security also benefits Damian and George (sic) to celebrate the acts they have the legal protections that are deserving.

"Legally the decision is a scandal," said the lawyer of marriage. For starters, a judge in a foreign jurisdiction assumes a failure and deprives it of its legal consequences, which violates all constitutional guarantees afforded to any inhabitant. They could marry a Buenos Aires court ruling. The ruling that seeks to annul the marriage is of national jurisdiction, which has no authority in this case. On the other hand, violates the security of defense: to Bernath and Salazar were not allowed to exercise the right to defense, basically because they were unaware that the file existed. And finally, the resolution declaring the nullity of the legal effect of a final decision, ie a final decision. That is prohibited by law. The intent of this request, instead of going against the failure of (Elena) Liberatori, goes against the consequences of failure, which is the marriage itself. "

Kravetz said that "nevertheless, this statement has no effect until it is firm. Only the authorities of the Civil Registry that the marriage and CEO of the same institution should be notified, according to the order of Igarzabal. Judge Elena Liberatori has been made known what had happened by the Federation and Kravetz, even if they have not been legally notified. It is also why hardly Bernath and Salazar returned his notebook, as requested Igarzabal, noting that failure to comply must pay a pain of a thousand dollars for each day of delay, "without prejudice to incur them in the crime of disobedience" ..