When activists and courts take on Goliath: LGBTQ+ rights and democracy in Costa Rica

Costa Rica’s legalization of same-sex marriage epitomizes a modern-day David versus Goliath struggle. Despite its celebrated democratic traditions, LGBTQ+ individuals have long been marginalized by entrenched cultural conservatism and institutional bias. The 2020 legalization of same-gender marriage, following the Inter-American Court of Human Rights’ Advisory Opinion OC-24/17, marked a pivotal victory. Yet, this milestone also exposed the paradox of a democracy where legal recognition coexists with deep societal resistance. This article explores how coalitions of activists, legal institutions, and international actors contested systemic oppression to achieve incremental progress. Drawing on semi-structured interviews with LGBTQ+ activists and case-law studies, it highlights the role of the judiciary as a critical tool for upholding minority rights. Legal gains offer crucial advances but also expose the law’s limits in addressing societal rejection, highlighting the need for coalitional activism. The Costa Rican experience demonstrates the role of coalition-based solidarity in upholding human rights, ensuring that the foundation of democracy rests not on popularity or power but on humanity.