Recognition of same-sex unions in Mexico
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In Mexico, only civil marriages are recognized by the law and all its proceedings fall under local state legislation.[1] Same-sex civil unions are legally performed and recognized in Mexico City (Law for Coexistence Partnerships, LCS) and in the northern state of Coahuila (Civil Pact of Solidarity, PSC), whose legal residents constitute 10.31% of the national population approximately.[nb 1] Unlike Mexico City's law, once same-sex couples have registered in Coahuila, the state protects their rights no matter where they live in the country.
In late November 2009, the leading party at the Legislative Assembly of the Federal District (ALDF), the Party of the Democratic Revolution (PRD), announced that it is fine-tuning an amendment to the Civil Code to legalize same-sex marriage in Mexico City. A project endorsed by the local Head of Government Marcelo Ebrard but strongly opposed by the second largest political force in the country, the right-of-center National Action Party (PAN) and the Roman Catholic Church. The bill found support from over 600 non-governmental organizations, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and Amnesty International (AI). On 21 December 2009, Mexico City became the first Latin American jurisdiction to legalize same-sex marriage, and fourteenth overall after the Netherlands, Belgium, Spain, Canada, South Africa, Norway, Sweden, and six U.S. states (Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia).
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[edit] Same-sex civil unions
[edit] Mexico City
[edit] Coahuila
The legalization of same-sex civil unions in Coahuila had started to be discussed as early as November 2006.[2] On 11 January 2007, in a 20–13 vote the congress of the northern state of Coahuila legalized same-sex civil unions under the name Pacto Civil de Solidaridad (PCS, Civil Pact of Solidarity), which gives property and inheritance rights to same-sex couples. Similar to France's Pacte Civil de Solidarité and Germany's Eingetragene Lebenspartnerschaft.[3][4]
| Political party | Members | Yes | No | Abstain | Absent |
|---|---|---|---|---|---|
 Institutional Revolutionary Party |
20 | 19 | 1 | ||
 National Action Party |
9 | 9 | |||
 Party of the Democratic Revolution |
2 | 1 | 1 | ||
 Democratic Unity of Coahuila |
2 | 2 | |||
 Ecologist Green Party of Mexico |
1 | 1 | |||
 Labor Party |
1 | 1 | |||
| Total | 35 | 20 | 13 | 2 |
"The PCS represents a sensible response to the existence of citizens who traditionally have been victims of discrimination, humiliation and abuse. This does not have to do with morality. It has to do with legality. As human beings, we have to protect them as they are. It has to do with civil liberty," said congresswoman Julieta López, who pushed the bill, of the centrist Institutional Revolutionary Party (PRI), whose 19 members voted for the law.[4] Luis Alberto Mendoza, deputy of the center-right National Action Party (PAN), which opposed, said the new law was an "attack against the family, which is society's natural group and is formed by a man and a woman."[4] Other than that, the PCS drew little opposition. Bishop Raúl Vera, who heads the Catholic Diocese of Saltillo, declined to condemn the law. While Vera insisted that "two women or two men cannot get married," he also sees gay people as a vulnerable minority. "Today we live in a society that is composed in a different way. There are people who do not want to marry under the law or in the church. They need legal protection. I should not abandon these people."[3] Unlike Mexico City's law, once same-sex couples have registered in Coahuila, the state protects their rights no matter where they live in the country.[3] Twenty days after the law had passed, the country's first same-sex civil union took place in Saltillo, Coahuila. It was between 29-years-olds Karina Almaguer and Karla Lopez, a lesbian couple from Tamaulipas.[5]
[edit] Other states
Similar bills have been proposed by the PRD in at least six states.[6] On 7 December 2006, a similar bill to that of Mexico City was proposed in Puebla. But it faced strong opposition and criticism from deputies of the Institutional Revolutionary Party (PRI) and the National Action Party (PAN), who declared that "the traditional family is the only social model, and there cannot be another one."[7] In July 2009, the Party of the Democratic Revolution (PRD) introduced a formal initiative to legalize civil unions in the western state of Colima.[8] Nevertheless, the following month, the local legislature decided not to take up the initiative, following widespread opposition from right-wing groups.[9] On 13 November 2006, in neighboring state of Michoacán, it was announced that a similar bill would be formally proposed. However, as of August 2009, it has been stalled, meaning it has not been discussed by the local congress.[10] Additionally, gay rights legislation that could likely include civil unions is being debated in the states of Jalisco and Guerrero.[6]
[edit] Same-sex marriage
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[edit] Mexico City
Same-sex marriage is currently pending legalization in the Federal District of Mexico City, having been approved by the Legislative Assembly of the Federal District (ALDF) on 21 November 2009. It is awaiting mayoral approval, which is widely expected. The law will enter into force 45 days after mayoral approval.[1] Civil unions, known as sociedades de convivencia and offering most of the rights of marriage, have been legal in Mexico City since November 2006.
[edit] Yucatán
On the other hand, in the southeastern state of Yucatán, the local Congress overwhelmingly approved a ban on same-sex marriage in a 24–1 vote on 21 July 2009. The law raised heterosexual marriage and families to the constitutional level via the approval of amendments to the state's Civil Code. The bill was promoted by right-wing organization Pro Yucatán Network to reject all efforts by people of the same sex to form a family and adopt children. PAN politicians justified the ban alleging that "there still aren't adequate conditions within Yucatán society to allow for unions between people of the same sex."[11] The event led to protests outside the local Congress by LGBT organizations, whose leaders are expected to appeal the case to the Supreme Court of Justice of the Nation.[12]
| Political party | Members | Yes | No | Abstain | Absent |
|---|---|---|---|---|---|
| Institutional Revolutionary Party |
14 | 14 | |||
| National Action Party |
9 | 9 | |||
| Party of the Democratic Revolution |
1 | 1 | |||
Labor Party /  Convergence |
1 | 1 | |||
| Total | 25 | 24 | 1 |
[edit] Public opinion
In a Parametría poll, conducted from 17 November to 20 November 2006, 1,200 Mexican adults were asked if they would support a constitutional amendment that would legalize same-sex marriage in Mexico. 17% responded yes, 61% said no and 14% had no opinion. The same poll showed 28% in support of same-sex civil unions, 41% were opposed and 28% had no opinion.[13] From 27 November to 30 November 2009, major Mexican newspaper El Universal polled 1,000 Mexico City citizens concerning the legalization of same-sex marriage in the city. 50% supported it, 38% were against it and 12% had no idea. The same poll showed that support was stronger among the youngest population (age: 18–29), 67%, and weaker among the oldest (age: 50-onwards), 38%. With 48% the most cited reason was "right of choice" for the supporters, followed by "everybody is equal" with 14%. 39% of the opposers cited "it is not normal" as the main reason to not support same-sex marriage, followed by "we lose values" with 18%.[14]
Guillermo Bustamente Manilla, PAN member, president of the National Parents Union (UNPF) and father of Guillermo Bustamante Artasánchez, law director of the Secretary of the Interior, opposes abortion and same-sex civil unions,[15] and has called the latter as "anti-natural."[16] He has publicly asked voters not to cast votes for "abortionists" parties and those who are in favor of homosexual relationships.[17]
[edit] Notes
- ^ The sum of legal residents of the Mexican Federal District (8,836,045) and Coahuila (2,495,200) divided by the total population of Mexico (109,955,400) according to the National Institute of Statistics and Geography (INEGI).
[edit] References
- ^ Government of Canada (29 April 2008). "Marriage and Divorce in Mexico". http://www.canadainternational.gc.ca/mexico-mexique/consul/mardiv.aspx. Retrieved 15 December 2009.
- ^ BBC News (10 November 2006). "Mexico City passes gay union law". http://news.bbc.co.uk/2/hi/6134730.stm. Retrieved 15 December 2009.
- ^ a b c S. Lynne Walker (5 March 2007). "New law propels gay rights in Mexico". Mail & Guardian Online. http://legacy.signonsandiego.com/uniontrib/20070305/news_1n5gaylaw.html. Retrieved 15 December 2009.
- ^ a b c Mail & Guardian Online (13 January 2007). "Mexican state approves gay civil unions". http://www.mg.co.za/article/2007-01-13-mexican-state-approves-gay-civil-unions. Retrieved 15 December 2009.
- ^ Associated Press (1 February 2007). "Mexico's first civil union". Gay.com UK & Ireland. http://web.archive.org/web/20070530011312/http://uk.gay.com/headlines/10984. Retrieved 15 December 2009.
- ^ a b Christine Delsol (26 November 2008). "Mexico's top destinations for gay vacations". San Francisco Gate. http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2008/11/26/mexicomix112608.DTL&type=printable. Retrieved 15 December 2009.
- ^ (Spanish) Alejrandro Velázquez (27 January 2007). "Más estados van por Ley de Convivencia". Crónica. http://cronica.com.mx/nota.php?id_nota=282837. Retrieved 15 December 2009.
- ^ (Spanish) Verónica González (30 July 2009). "Proponen en Colima ley en favor de gays". La Jornada. http://www.jornada.unam.mx/2009/07/30/index.php?section=estados&article=030n3est. Retrieved 15 December 2009.
- ^ (Spanish) Francisco Iglesias (15 August 2009). "Debaten en Colima Sociedades de Convivencia, la rechazan la mayoría". Milenio. http://www.milenio.com/node/267860. Retrieved 15 December 2009.
- ^ (Spanish) Edgar Raziel Ramirez Avila (15 August 2009). "Sociedad de convivencia en Michoacán". Cambio en Michoacán. http://aceleratussentidos.com/en-el-blog.php?tema=Sociedad%20de%20convivencia%20en%20Michoacan%20parte%201&idan=12. Retrieved 15 December 2009.
- ^ Jennifer Woodard Maderazo (22 July 2009). "Yucatan Will Penalize Gay Marriage, Abortion". Vivir Latino. http://vivirlatino.com/2009/07/22/yucatan-will-penalize-gay-marriage-abortion.php. Retrieved November 27, 2009.
- ^ (Spanish) Anodis (21 July 2009). "Aprueba Yucatán ley contra matrimonio gay". http://anodis.com/nota/14423.asp. Retrieved 15 December 2009.
- ^ Angus Reid Global Monitor (27 December 2007). "Mexicans Flatly Reject Same-Sex Marriage". http://www.angus-reid.com/polls/view/14225. Retrieved 15 December 2009.
- ^ (Spanish) El Universal (27–30 November 2009). "Same-sex marriage poll in Mexico City". http://www.eluniversal.com.mx/graficos/pdf09/infografias/encuesta_g.html. Retrieved 15 December 2009.
- ^ (Spanish) Álvaro Delgado (13 April 2007). "Calderón, cómplice del clero". Proceso. Archived from the original on 1 May 2007. http://web.archive.org/web/20070501003116/http://www.proceso.com.mx/analisis_int.html?an=50027.
- ^ "Mexico City's law on civil unions draws mixed reaction". Noticias, Voz e Imágen de Oaxaca. 16 March 2007. Archived from the original on 27 September 2007. http://web.archive.org/web/20070927021509/http://www.noticias-oax.com.mx/articulos.php?id_sec=14&id_art=52132.
- ^ (Spanish) ACI Prensa (30 Abril 2007). "Padres de familia mexicanos piden no votar por partidos abortistas". http://www.aciprensa.com/noticia.php?n=16666. Retrieved 15 December 2009.
[edit] See also
[edit] External links
- Law for Coexistence Partnerships (Mexico City)—full text. (Spanish)
- Civil Pact of Solidarity (Coahuila)—full text. (Spanish)
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