Puerto Rico statute prohibits marriage between same-sex couples.
See 29 L.P.R.A §146.
Puerto Rico’s discrimination laws do not cover sexual orientation and gender identity. See Santa v. B. Fernandez, 438 F. Supp. 2d 33 (D.P.R. 2006) (employment discrimination claim on the basis of sexual orientation dismissed because neither Puerto Rican nor federal law prohibit sexual orientation discrimination). See also 42 U.S.C. § 2000e-2(a)(1).
An executive order that applies only to public state employees prohibits discrimination on the basis of sexual orientation and gender identity was signed in 2008, but it has never been enforced. See http://app.estado.gobierno.pr/Ordenes_Ejecutivas/2008/OE-2008-57.pdf.
See Molina v. Irizarry, 136 D.P.R. 259 (1994) (non-precedential judgment allowing lesbian mother to retain custody of 5-year old child though father challenged custody on basis of mother’s sexual orientation).