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Their application was refused, but the couple, Teresa Pires and Helena Paixão, promised to challenge the ban in court, saying that it discriminated against them on the basis of sexual orientation, which is banned by the 1976 Constitution.

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Helena and Teresa's lawyer, Luís Grave Rodrigues, presented their allegations on 19 October 2007, including seven legal opinions (pareceres) from Portuguese professors of law arguing that the ban on same-sex marriage is unconstitutional.

but also does not oppose it, and that the decision must be made by the Assembly of the Republic (the Portuguese Parliament).

Two bills to legalize same-sex marriage were presented to Parliament on 10 October 2008.

The bills were introduced separately by the Left Bloc (BE) and Green Party (PEV).

In May 2007, the court rejected the motion and they appealed to the Portuguese Constitutional Court.

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