Recognition of same-sex unions in Mexico

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State recognition of same-sex relationships in Mexico
  Same-sex marriage1
(Rings: Individual cases)
  Same-sex civil unions
  Same-sex marriages recognized but not performed

1 Not yet in effect for Coahuila.
Legal recognition of
same-sex relationships
Marriage
Recognized
Previously performed but not invalidated
  1. Can be registered also in Aruba, Curaçao and Sint Maarten
  2. When performed in Mexican states that have legalized same-sex marriage

*Not yet in effect

LGBT portal

In Mexico, only civil marriages are recognized by the law, and all its proceedings fall under state legislation.[1] Same-sex marriage is legally performed in Mexico City and in the states of Quintana Roo and Coahuila, but explicitly banned in the state of Yucatán[2] (although the prohibition is limited to its performance within state boundaries, not its recognition, and it is still being challenged in the Mexican courts).[3] In addition, same-sex couples have been able to marry in individual cases in Aguascalientes, Baja California, Campeche, Chihuahua, Colima, Durango, Guanajuato, Jalisco, State of Mexico, Michoacán, Morelos, Nayarit, Nuevo León, Oaxaca, Querétaro, San Luis Potosí, Sinaloa, Sonora, Veracruz, and Yucatán. Same-sex civil unions are legally performed in Mexico City and in the states of Coahuila, Colima,[2] Jalisco,[4] and Campeche.[5] Since August 2010, same-sex marriages performed within Mexico are recognized by the 31 states without exception, and fundamental spousal rights (such as alimony payments, inheritance rights, and the coverage of spouses by the federal social security system) also apply to same-sex couples across the country.[6]

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 was 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 December 21, 2009, Mexico City became the first Latin American jurisdiction to legalize same-sex marriage. The law became effective on March 4, 2010.[7]

On August 5, 2010, the Supreme Court voted 8-2 to uphold the constitutionality of Mexico City's same-sex marriage law.[8] The Court later ruled on August 10, 2010, that Mexico City marriages are valid throughout the entire country.[9]

On November 28, 2011, the first two same-sex marriages occurred in Quintana Roo after discovering that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage,[10] but these marriages were later annulled by the governor of Quintana Roo in April 2012.[11] In May 2012, the secretary of state of Quintana Roo reversed the annulments and allowed for future same-sex marriages to be performed in the state.[12]

The 2012 Oaxaca case was pivotal in opening the door to legal same-sex marriage in every state in Mexico, through the injunction (amparo) process. Using international decisions, whose verdicts serve as legal precedent in Mexican courts, like the protections in the American Convention on Human Rights Karen Atala Riffo y Niñas v. Chile case,[13] the U.S. cases Loving v. Virginia and Brown v. Board of Education[14] and Mexico's own anti-discrimination ordinances, they ruled[15] 5 December 2012 that: 1) Laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violated federal law requiring that they “correspond to all persons without any distinction” and 2) That such laws were unconstitutional on the basis of discrimination by sexual orientation and usurpation of the right, not only of the individual but also the couple’s right, to form a family.[16] Barring legislative will to change State laws, a provision in the Mexican Code allows that five rulings in a state with the same outcome on the same issue override a statute and establish the legal jurisprudence to overturn it.[17] Thus, marriages obtained by injunction could be performed in any state, regardless of whether the state Civil Code had been changed.[18]

A landmark decision, issued on 29 January 2014, was the first injunction for marriage recognition in Puebla. The case involved a same-sex couple who legally married in Mexico City in 2012 and filed for spousal benefits with the Mexican Social Security Institute (IMSS) in the state of Puebla, but were denied.[19] Because the complainant died during the injunction process, a lower court had dismissed the case, but the Supreme Court of the Nation, granted the injunction and ordered recognition of the marriage by both the state of Puebla and the IMSS. The injunction will require IMSS to extend benefits equal to married heterosexual couples’ benefits to gays and lesbians who are married or have entered into civil unions throughout Mexico.[20][21]

Same-sex marriage[edit]

State recognition of same-sex relationships in North America & Hawaii.1
  Same-sex marriage
  Other type of partnership
  Same-sex marriages recognized, but not performed
  Binding judicial ruling against a ban on same-sex marriage2
  Binding judicial ruling against a ban on recognizing out-of-state same-sex marriages stayed pending appeal
  No recognition, same-sex marriage banned2
1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.
2Some states in these categories also have a binding judicial rulings against bans on unions similar to marriage or ban unions similar to marriage.

Mexico City (Federal District)[edit]

On November 24, 2009, PRD assemblyman David Razú proposed a bill that would legalize same-sex marriage in Mexico City.[22] Luis González Plascencia, chairman of the Humans Rights Commission of Mexico City, backed the bill and said that it was up to the Legislative Assembly to consider LGBT adoption.[23] The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), International Amnesty (AI), the AIDS Healthcare Foundation and over 600 non-governmental organizations supported the legalization of same-sex marriage in Mexico City.[24] The PAN has announced it will either go to the courts to appeal the law or demand a referendum.[25][26] However, a referendum on same-sex marriage was rejected by the Legislative Assembly in a 36-22 vote on 18 December 2009.[27] On 21 December 2009, the Legislative Assembly legalized same-sex marriage (39-20) in Mexico City. The bill changes the definition of marriage in the city's Civil Code from "a free union between a man and a woman" to "a free union between two people."[28] The law would grant same-sex couples the same rights as opposite-sex couples, including adopting children.[29] The PAN vowed to challenge the law in the courts.[29] On 29 December 2009, Head of Government Marcelo Ebrard signed the bill into law, which became effective on 4 March 2010.[7][30] On 5 August, the Supreme Court voted 8–2 to uphold the constitutionality of Mexico City's same-sex marriage law.[8] The Court ruled on 10 August 2010, that Mexico City marriages are valid throughout the country.[31]

Political party Members Yes No Abstain Absent
Party of the Democratic Revolution 34 34
National Action Party 15 15
Institutional Revolutionary Party 8 2 5 1
Labor Party 5 5
Ecologist Green Party of Mexico 3 3
New Alliance Party 1 1
Total 66 39 20 5 2

Aguascalientes[edit]

In May, 2014, a male same-sex couple requested an injunction against the Registry in Aguascalientes for refusing to allow them to marry and against the constitutionality of sections 143 and 144 of the Civil Code.[32][33] The injunction 1015/14 was approved 29 August 2014.[34] A lesbian couple also applied for an amparo in May[35] and received a favorable response 2 September 2014.[36] 1 September 2014 Elizalde Julián Peña, coordinator of the organization, Collective SerGay of Aguascalientes, announced a third injunction had been requested.[37] 3 September 2014, the first same-sex wedding was held in Aguascalientes.[38]

In September, 2014, Cuauhtemoc Escobedo Tejada, legislative member of the Party of the Democratic Revolution (PRD) announced that a civil unions bill and possibly a same-sex marriage initiative were to be introduced by the Governor of the state for consideration. Escobeda Tejada further announced that if the Governor did not introduce a bill, the PRD would.[39]

Baja California[edit]

In June 2013, a male same-sex couple in Baja California were denied the right to marry and applied for an injunction.[40] The injunction was approved in October, 2013,[41] but was appealed by the Registrar to the Supreme Court.[42] On 6 August 2013 a lesbian couple were denied marriage by the Civil Registrar in Mexicali and filed for an injunction. They received notice of their approval 524/2013 on 30 December 2013.[43] On 26 August 2014, the lesbian couple became the first same-sex couple to legally marry in the state.[44] Three additional injunctions to create the jurisprudence for the law to be changed have been scheduled for filing in September, 2014.[45]

On 25 June 2014 the initial injunction was upheld and Mexico's Supreme Court deemed the state's marriage ban unconstitutional.[46]

Baja California Sur[edit]

On April 9, 2010 the organization La Comunidad Sudcaliforniana en Diversidad Sexual proposed reforms to the Civil Code to allow for same-sex marriage and adoption.[47] No action was taken by the legislature, as in both 2013[48] and 2014, local politicians deflected the issue saying that the public must be consulted.[49]

In August, 2014, 14 women and 4 men requested a collective injunction against Articles 330 and 150 of the Baja California Sur Civil Code, which bans same-sex marriage.[50]

Campeche[edit]

In July 2014, Mexico's Supreme Court denied a lesbian couple an injunction, but declared the current Campeche marriage laws unconstitutional and told the local government that they must modify their Civil Code to allow same-sex marriages. It was later announced that the couple could marry after a district judge granted them an injunction, but the law must still be revised. PAN has said it will abide by the ruling.[51] The couple was married on 30 August 2014.[52] In September, 2014 the Party of the Democratic Revolution (PRD) announced that 16 persons, 10 from Campeche and 6 from Cuidad del Carmen have filed for injunctions and that analysis of changing the marriage statues is in progress.[53]

Chihuahua[edit]

In December 2012, several human rights defenders and LGBT community agencies presented lawmakers with a proposal to amend Article 143 of the Civil Code of the State of Chihuahua, granting marriage equality.[54] After years with no legislative action, in July, 2014, the PAN bloc announced that they would consider approving Civil Unions but not equal marriage, in the state. The LGBT community rejected the proposal because it does not provide the possibility for the spouses to share social security benefits or pensions, among other benefits of marriage.[55] In response to legislative inaction, a collective injunction was filed in July, 2014 with the aim of having Articles 134 and 135 of the Civil Code declared "unconstitutional."[56]

On April 30, 2013, a male same-sex couple asked the Civil Registrar of Chihuahua to marry. The Civil Registrar rejected it because the State Constitution defines marriage as the union of a man and a woman. On May 7, 2013, the couple appealed the decision of the Civil Registar and on August 19, judge, José Juan Múzquiz Gómez, of the Tenth District Court of the Chihuahua State recognized that they have the right to marry. The Civil Registar had up to September 3 to appeal the decision.[57] The government of the state did not appeal the decision and allowed the deadline to pass, thereby allowing the couple to marry.[58] On 31 October 2013, the second couple in the state and first lesbian couple was awarded an injunction 389/2013 in the 7th District Court.[59] In February, 2014, they married and were the first gay marriage in the city of Juarez.[60] On 22 November 2013 the eighth District Judge Ignacio Cuenca Zamora, granted the third injunction to a lesbian couple.[61] In December, 2013, the fourth couple in Chihuahua were granted an injunction. They were first male couple to marry in Juarez and solemnized their marriage on 13 February 2014.[62] In February, 2014, the fifth individual injunction to marry in Chihuahua was granted to Hiram Gonzalez, president of the Center for Humanistic Grouping Related to Sexual Orientation Studies (CHEROS).[63]

On 19 March 2014 seven lesbian couples applied for marriage at the 5th Civil Registry, were rejected, and applied for an injunction.[64] On 30 June 2014 six additional couples filed a collective complaint. In mid-August, 2014, the 6th same-sex marriage was held in Chihuahua.[65] On 20 August, 2014 the seventh same-sex marriage occurred in the state. There have been four marriages in Cuidad Juarez and three in the City of Chihuahua in 2014.[66] However, as of July, 2014, 33 amparos have been filed in the state, 22 in the capital and 11 in Ciudad Juárez, and nine have been approved.[67]

Coahuila[edit]

On 5 March 2013 Congressman Samuel Acevedo Flores, Social Democratic Party, introduced a bill to the Congress of Coahuila to legalize same-sex marriages and adoption by same-sex couples.[68] 11 February 2014, Congress approved adoptions by same-sex couples with a vote of 23 in favor and two against (National Action Party and Democratic Unity of Coahuila);[69] however, debate on marriage equality continued. On 8 August 2014, the Congress in Sautillo again began discussions regarding same-sex marriage.[70] The bill passed on September 1, 2014 making it the second state to reform its Civil Code and third district where a couple may marry without an injunction.[71] It took effect on 17 September.[72]

Political party[73] Members Yes No Abstain Absent
PRI Party (Mexico).svg Institutional Revolutionary Party 15 12 3
PAN Party (Mexico).svg National Action Party 2 2
PVE Party (Mexico).svg Ecologist Green Party of Mexico 2 1 1
New Alliance Party 2 2
Coat of arms of Coahuila.svg Coahuila First Party 2 1 1
Social Democratic Party 1 1
Unidad Democrática de Coahuila.jpg Democratic Unity of Coahuila 1 1
Total 25 19 1 5

Colima[edit]

On 22 January 2013 the Civil Registry in Cuauhtémoc received a request from a gay couple to marry. After a team of lawyers reviewed the petition,[74] on 27 February 2013, basing the decision on the declaration of the unconstitutionality of discriminatory laws, mayor Vizcaíno Indira Silva, from the municipality of Cuauhtémoc, granted the first same-sex marriage license in Colima.[75] On 25 March 2013, the second same-sex marriage, and first lesbian union occurred.[76] A third same-sex marriage in Cuauhtémoc was held on 4 April 2013 for a lesbian couple and the registrar announced at that time there were 20 to 30 marriages scheduled on the calendar.[77] On 9 June 2013, a male gay couple was granted an injunction to marry in Colima, making the state the second in Mexico to win the right to marriage via "amparo" (injunction).[78]

On June 14, 2013, Rosa Lilia Vargas Valle, a judge of the Second District Court of the Colima State, ruled that the Colima Civil Code is unconstitutional in limiting marriage to opposite-sex couples.[79][80]

On July 4, 2013 the state congress approved an amendment to Article 147 of the constitution which formalized same-sex civil unions. Within 30 days, seven of Colima's ten municipalities approved the change to the civil code.[2][81] An appeal to the changes was filed and the Supreme Court of the Nation agreed in August, 2014 to review it.[82] Deliberations began at the Supreme Court in September, 2014 to determine whether the new Civil Code which provides only "wedlock" for same-sex couples and "marriage" to opposite-sex couples is discrimination via sexual orientation.[83]

Durango[edit]

In September, 2013 PRD deputy in Durango, Israel Soto, introduced a bill to legalize same sex marriage in the state. As no action had been taken on the bill, in February, 2014, he requested that it be expedited.[84] On 10 April 2014, the bill was rejected claiming that it would not sufficiently address the legal changes necessary to correct the Civil Code.[85]

In December, 2013 the first same-sex male couple was able to marry in Durango after obtaining an injunction. It was appealed and the Supreme Court of the Nation ruled in favor of the couple.[86]

Guanajuato[edit]

On 14 February 2014, a lesbian couple who sued the state of Guanajuato was approved for an injunction to marry. In response to that approval, on 21 February 2014, the PRD introduced a bill to the Congress to amend the Civil Code of the State so that marriages between same sex are allowed.[87] The plan was endorsed by the PRI on 26 February 2014.[88]

In March 2014, the couple became the first same-sex couple to marry in the state.[89]

Hidalgo[edit]

A domestic partnership act was introduced in Hidalgo in 2007 [90] but stalled in the legislature as well as in successive congresses.[91] In October, 2013, the legislature indicated there was not sufficient “maturity” in the society to accept marriage equality and that the legislature would instead consider a conjugal partnership bill.[92]

Due to the lack of legislative action, on 8 August 2014, a collective injunction for 6 LGBT people was presented to the twenty-ninth circuit of the Third District Court for the state of Hidalgo[93] to contest the constitutionality of Articles 8, 11 and 143 of the Family Code and secure the right to marry.[94]

Jalisco[edit]

In June, 2014 PRI congressman, Héctor Pizano Ramos, introduced legislation to amend the Civil Code of Jalisco and endorse same-sex marriage.[95]

A female same-sex couple was able to become the first same-sex couple to marry in the state on 14 December 2013.[96] In December, 2013, 12 couples of the same sex—eight women and four men—filed an injunction after being denied marriage. The injunction was granted 12 June 2014 and became the 2nd ruling invalidating the Civil Code of Jalisco.[97] In January, 2014 a male couple went to the Civil Registry in Guadalajara and were denied marriage based on Article 258 of the State Civil Code, which limits marriage to one man and one woman. They filed for an injunction in the Fourth District Court.[98]

State of México[edit]

In 2008, an initiative for Civil Unions was launched in the State of México, but never advanced. In 2010, a citizen's initiative was presented to Congress for same-sex marriages. After 3 years, it had not been reviewed and thus in mid-2013 PRD deputy, Octavio Martinez, introduced a measure.[99] In January, 2014 Martinez advised the PRD would continue to press for marriage equality and insist that it be discussed by Congress.[100]

On 15 February 2013, four same-sex couples filed documents to marry at the Civil Registry of Toluca[101] and after their refusal, filed for an "amparo." On 24 June 2013, a federal judge granted the injunction ruling that the Civil Code of the state prohibiting their marriages was discriminatory,[102] but the state filed an appeal. The appellate Court on Administrative Matters of the Second Circuit in the State, declared itself unable to resolve the dispute in January, 2014, whereupon it was escalated to the Supreme Court.[103]

Michoacán[edit]

On 13 November 2006, it was announced that civil unions bill for Michoacán, would be formally proposed. However, as of August 2009, it stalled, meaning was not discussed by the local congress.[104] After marriage was passed in the Federal District, the PRD announced it would propose bills for equal marriage and same-sex adoption, along with same-sex civil unions (Law for Coexistence Partnerships) in 2010.[105] A bill was submitted in March, 2010 by the Grupo de Facto Diversidad Sexual, which proposed both marriage and cohabitation, but did not mention same-sex adoption.[106] As with the previous proposal, it stalled.[107]

After 4 years of legal processes,[108] on 5 March 2014, a federal court ruled that a lesbian couple could marry. It was the first case in Mexico which was not elevated to the Supreme Court.[109] The couple married on 12 March 2014.[110] On 6 May 2014, it was announced that a second lesbian couple had obtained an injunction and seven more cases were pending.[111] They married on 16 May 2014 and subsequently on 15 August 2014 filed the registration of their twin children's birth, which registration also had been approved by an injunction. It was the first registration in the state of a child born to a same-sex couple.[112] Gerardo Herrera Pérez, leader of Grupo Facto de Diversidad Sexual en Michoacán, announced the collections of 100 signatures for a collective amparo in Michoacán in September, 2014[113] and initiation of the first same-sex adoption in the state by a couple who are from Michoacán, but were married in Mexico City.[114]

Morelos[edit]

In Morelos, bills concerning same-sex marriage and adoption by same-sex couples were to be proposed by the Labor Party (PT) in mid-2010.[115] The proposal was rejected by PAN in February, 2010.[116] A subsequent proposal was also rejected in March, 2013.[117] On July 30, 2013 The Civil Partnership Equity and Community Participation asked a federal court to rule in favor of marriage equality in Morelos.[118] The Party of the Democratic Revolution (PRD) announced in July, 2014 that a vote on marriage equality will occur in September, 2014.[119]

On August 28, 2013 a gay couple applied to marry in Morelos through an injunction.[120] In January, 2014, the injunction 1202/2013-IV, was granted by the judge of the Second District in Morelos, who ordered the Civil Registry 1 Xochitepec, to process the marriage application. They planned to marry on 17 May 2014.[121] In January, 2014, another gay couple began the process and in July were granted an injunction to marry.[122] An appeal was launched, but after losing the appeal,[123] the Registrar performed the marriage ceremony for the first same-sex marriage in the town of Ayala on 6 September 2014.[124] Marquez Edgar Ortega, director of Care for Sexual Diversity, announced at the wedding that six shelters have been requested in Moreos.[125]

A lesbian couple has applied for an injunction in Cuernavaca[126] as the Civil Registry refused to recognize their same-sex marriage and allow them to divorce.[127]

Nayarit[edit]

In July 2014, a gay couple was allowed to hold Nayarit's first gay wedding after a year of legal work.[128] On 8 July, a federal judge ruled the ban unconstitutional.[129] The couple married in the state's capital of Tepic. Four lesbian couples requested injunctions after being denied by the Civil Registry in early July, 2014.[130]

Nuevo León[edit]

In September, 2013, a federal judge ordered the Civil Registry of Nuevo León to register the marriage of a female same-sex couple.[131] Governor Rodrigo Medina said his administration would abide by the order, but only for that specific case.[132] On 13 November 2013 a male same-sex couple went to the Civil Registry Administrative Office 4 in San Pedro, Nuevo León, made an application for marriage [133] and were told to expect a response within one week. In December, 2013, they filed a complaint at the headquarters of the Ombudsman in the State Commission on Human Rights against the Registry for failure to provide them with an official response.[134] In June, 2014, Mariaurora Mota, the legal representative of Strategic Litigation, reported that nine injunctions have been filed in the state, but only one has been resolved.[135] The State Constitutional Court will hold a hearing on 12 September 2014, to rule on an "amparo" filed by 50 members of the LGBT community claiming discrimination against their human rights contained in Articles 147 and 291 of the Civil Code for the State of Nuevo León.[136]

Oaxaca[edit]

As of 26 August 2012, a Mexican federal court judge has ordered the state of Oaxaca to perform same-sex marriages based on a recent constitutional amendment which bans discrimination based on sexual orientation. This ruling was reviewed by the Mexican Supreme Court and the Court issued a unanimous ruling overturning the ban on same-sex marriage.[137][138]

In August, 2011 three same-sex couples, four women and two men, applied to be married and were denied by the Civil Registry in Oaxaca.[139] In January, 2012 an injunction was sought, but was denied on 31 January. The couples appealed the judgment to the Collegiate Courts in Civil and Administrative Matters for the State.[140] On 9 April 2012, one of the lesbian couples was granted permission by a judge to marry in Oaxaca, thus becoming the first approval for same-sex marriage in the state. The case was appealed. On 5 December 2012 the three couples won their appeal from the Supreme Court,[141] but local officials refused to perform the marriages. The case returned to the Supreme Court and an additional ruling in favor of the couples was issued. The first lesbian couple received authorization to marry from the Civil Registrar on 25 February 2013.[139] They were the first same-sex couple married in Oaxaca and celebrated their marriage on 22 March 2013.[142] The male couple, received notice of their authorization on 3 June 2013[141] and on 5 June 2013, the third couple, the second injunction for a lesbian couple, was authorized.[143] On April 23, 2014, the Mexican Supreme Court set further precedent in the State of Oaxaca. The case brought before the Court involved 39 same-sex couples who sought the right to marry, and marked the fourth of five necessary decisions.[144]

Puebla[edit]

There have been as of August, 2014, no marriages performed in Puebla but an important recognition case was granted via injunction 29 January 2014. A gay couple, married in 2012 in Mexico City had filed an injunction after IMSS refused to register the partner of one of the men for spousal benefit. The landmark ruling from the Supreme Court of the Nation required the state and Social Security Institute IMSS to recognize the marriage.[145]

Querétaro[edit]

On 28 February 2014, two same-sex couples filed for an injunction against the Civil Registry in Querétaro.[146] In August 2014, an injunction in favor of a lesbian couple was granted making them the first in the state to be allowed to marry.[147] On 25 August 2014, the second injunction was also approved.[148] As the officials did not object to the ruling within the 10 day period required by law, the first same-sex marriage was scheduled for October, 2014.[149]

10 September, 2014, it was announced that the legislature would be considering, in the present session, a Civil Unions bill, as the two prior injunctions obtained were insufficient to require Congress to evaluate marriage equality.[150]

Quintana Roo[edit]

Same-sex marriages can be performed in Quintana Roo after a decision by the state's Secretary of State.[12] In November 2011, some public officials in the state began performing same-sex marriages after reviewing the state's civil code. The Civil Code of Quintana Roo does not state sex or gender requirements for marriage, only specifying "people interested in getting married".[10] A same-sex couple filed for a marriage license in Cancún and Chetumal after discovering this legal quirk, but both cities rejected their applications, arguing that a man-woman marriage was implied. The couple then applied in Lázaro Cárdenas Municipality, where authorities accepted the application. Quintana Roo's first two same-sex marriages were held in the community of Kantunilkin on 28 November 2011.[151]

Cancún, Cozumel, and other resort areas in Quintana Roo planned to hold a same-sex group wedding in January 2012, but these weddings were suspended upon review by Luis González Flores,[11] the Secretary of State of Quintana Roo.[152][153] In April 2012, the two same-sex marriages performed in Kantunilkin were annulled by Quintana Roo Governor Roberto Borge Angulo,[11] but these annulments were later reversed by González Flores in a decision that allowed for future same-sex marriages to be performed in the state.[12]

In 2013, a lesbian couple were denied the right to marry and forced to obtain an injunction in Tulum. The Court concluded discriminatory acts had occurred and ordered the state to prevent further discrimination against homosexuals, requiring all Civil Registry offices in Quintana Roo to have marriage license applications for same sex couples.[154] After an initial approval, denial of acceptance by the Registry, and an appeal, the injunction was received on 29 July 2014 and the couple were wed on 12 August 2014.[155]

San Luis Potosí[edit]

On 28 April 2014, a citizens initiative to change the laws in favor of same-sex marriage was submitted to the Congress of San Luis Potosí. On 8 August 2014, the Deputy Chairman of the Commission on Human Rights and Gender Equity, Miguel Maza Hernández said that analysis of the proposal would begin.[156]

In June 2014, a gay couple received news that they had been granted an injunction and will become the first couple to marry in the state.[157] In August, 2014, the First Official of the Civil Registry filed a counter-injunction to avoid recording the marriage.[158] In early September, 2014, a lesbian couple applied for the first same-sex license in Ciudad Valles and were advised that state law forbids their union and the previous amparo granted applied only to the couple previously approved.[159]

Sinaloa[edit]

In January 2013 the Family Code of the state of Sinaloa was changed to limit marriage or cohabitation to couples consisting of a man and a woman. Three injunctions were filed to contest the changes, but two were dismissed.[160] On 12 July 2013, Seventh District Judge Teddy Abraham Torres López, of Los Mochis, granted injunction 262/2013/1 arguing that the Legislature of the state must comply with its obligations of equality and non-discrimination.[161] The case has been elevated to the Supreme Court of Justice of the Nation.[162] Within the state, 7 gay couples are seeking injunctions against the Civil Registry—3 in Culiacán, 2 in Mazatlán, and 2 in Los Mochis.[163]

On 2 September 2014, the deputy Sandra Lara, launched an initiative to amend articles 40 and 165 of the Family Code and allow for same-sex marriage in the state.[164]

Sonora[edit]

In the northwestern state of Sonora, an initiative to allow same-sex couples to marry was delivered to the state's Congress by former Labor Party candidate for governor, Miguel Angel Haro Moren, in January, 2010.[165] The proposal was rejected in February, 2010 and the state filed a constitutional challenge against imposing laws of the Civil Code of the Federal District, concerning same-sex marriage, upon Sonora.[166]

In July 2014, a lesbian couple was granted an injunction and announced they will wed by August.[167] A second lesbian couple applied for marriage on 13 August 2014 to begin the injunction process.[168] On 2 September, 2014, a lesbian couple from San Luis Río Colorado, Sonora, initiated action in the 15th District Court to secure an injunction to marry.[169][170]

Tamaulipas[edit]

In 2011 a bill to provide "coexistence" for gay marriage and adoption was being promoted by local organizations in Tamaulipas.[171] In 2012, organizers presented legislators with 25,000 signatures in favor of marriage equality.[172] In 2013 the PRD agreed to bring the issue to the legislature and support the proposal.[173] As there appeared to be no legislative desire to act, activists in June, 2014 planned to organize a group of LGBT community members to began the injunction process for marriage in Tamaulipas.[174] On June 27, 2014, an Indirect Collective Amparo challenging the constitutionality of the Civil Code Articles 124 and 43 of the State of Tamaulipas was filed in the Nineteenth Circuit Court.[175][176]

Veracruz[edit]

In March, 2014 Cuauhtémoc Pola, deputy MP of "Citizens Movement," presented an initiative to introduce a Partnership of Coexistence law for Veracruz, but no legislative action occurred.[177] In July, 2014 a federal judge deemed the current marriage law of Veracruz to be discriminatory.[178] Due to lack of action on the civil unions bill and the federal ruling, Cuauhtémoc Pola, introduced to Congress on July 31, 2014 a reform initiative for Article 75 of the Civil Code for marriage equality.[179]

In February, 2014, a male same-sex couple applied for marriage at the Civil Registry in Veracruz and were denied. They filed for an injunction[180] which was granted 22 July 2014.[181] Despite the approval the registrar in Veracruz refused to schedule a ceremony for the couple. After presenting their injunction to the registrar in Boca del Río, the wedding was scheduled for 6 December 2014.[180]

Yucatán[edit]

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."[182] The event led to protests outside the local Congress by LGBT organizations, whose leaders were expected to appeal the case to the Supreme Court of Justice of the Nation.[183]

Political party Members Yes No Abstain Absent
PRI Party (Mexico).svg Institutional Revolutionary Party 14 14
PAN Party (Mexico).svg National Action Party 9 9
PRD Party (Mexico).svg Party of the Democratic Revolution 1 1
PT Party (Mexico).svg Labor Party / CON Party (Mexico).svg Convergence 1 1
Total 25 24 1

On March 26, 2013, a male same-sex couple asked the Civil Registar of Yucatán to marry. The Civil Registar rejected the bid saying that the State Constitution defines marriage as the union of a man and a woman. The couple appealed the decision of the Civil Registar and on July 1 the Third District Court of the Yucatán State recognized that they have the right to marry. Since the Civil registrar did not appeal the District Court decision the order (amparo) will take effect.[184] [185]

Four male couples and two lesbian couples went to the civil registry office on 14 August 2013 to request to be married and were denied. They applied for individual injunctions and 3 of them were approved on 4 and 15 November and 17 December 2013 by the Courts in the First, Fourth and Third District. Both of the lesbian couples were approved and one male couple.[186] On 6 January 2014 the first lesbian marriage in Yucatán took place.[187] The second lesbian couple married on 25 January 2014.[188][189] On 18 February 2014, the male couple wed at the Civil Registry of Mérida.[190]

On 17 May 2014 a group of civil society organizations brought a legal action before the Constitutional Court of the State under the guise of "correcting a legislative omission." It was the first time a mechanism to correct an omission had been used in the nation as the basis of a suit. The organizations claimed 10 injunctions had been approved in the state without legislative action. The suit asked for Articles 49 and 94 of the Family Code which limits marriage to one man and one woman to be "considered in the broadest sense and that the gender of its members be undefined."[191]

Other States[edit]

Various LGBT activist groups delivered documents to the executive and legislative branches of government and the State Board of Human Rights on 15 February 2012 recommending amendments to the marriage laws of Chiapas to comply with federal anti-discrimination provisions.[192] 29 November 2013, the State Board of Human Rights (ECHR) sent a bill to legalize same-sex marriage and reform the Civil Code and Civil Procedure for the state.[193] The proposal was rejected on 13 December 2013, citing that "popular initiatives" must be supported by 1.5% of the electorate, or 50,500 voters.[194] After January, 2014 clashes between the mayor of Chilo, Chiapas[195] and religious groups, activists filed a complaint with the National Commission on Prevention of Discrimination (Conapred).[196] 27 March 2014, the Hon Alejandra Ruiz Soriano, the Party of the Democratic Revolution (PRD) filed an initiative to amend 19 articles of the Civil Code and 15 articles of the Code of Civil Procedure, to incorporate the concept of marriage as "the free union of two people for the community of life, where both respect, equality and mutual aid are sought." In addition, it also standardized the concept of cohabitation, disregarding a person's sexual preference.[197]

Gay rights legislation that could likely include civil unions was being debated in Guerrero in 2009,[198] but the legislation stalled.[199] In 2014, gay rights organizations were still pressing the legislature to approve same sex marriage and adoption.[200] Though the couple announced they would marry on 28 September 2013,[201] the first same-sex marriage in the state of Guerrero, was held 5 June 2014 in the town of Teloloapan, witnessed by the mayor, Ignacio Valladares.[202] Valladares approved the couple’s request for marriage based upon the Supreme Court of Justice’s ruling that prohibiting same-sex marriage is unconstitutional.[203] However, Guerrero's Civil Code does not allow for same-sex marriage. Lawyers in the state declared the marriage was both illegal and void and indicated that the mayor could be prosecuted and an appeal filed with the Supreme Court for not following the injunction procedure.[204]

After Mexico City's Legislative Assembly legalized same-sex marriages and LGBT adoption in December 2009, debate resurged in states where civil unions had been previously proposed. In 2009 in the southeastern state of Tabasco, 20 same-sex couples sent a motion to the state legislature asking to allow them to marry.[205] The state's largest political parties, the Institutional Revolutionary Party (PRI) and the Party of the Democratic Revolution (PRD), announced their support for same-sex marriage in the 2010 agenda.[206] Despite the support of political parties, there was no legislative will to change the law, so in April, 2014 an initiative to reform Article 154 of the Civil Code of the State of Tabasco was presented by the organization Tabasqueños United for Diversity and Sexual Health (Tudysex) to legalize same-sex marriage in Tabasco.[207] In May, 2014, the PRD announced that they would be willing to consider Civil Unions in Tabasco.[208]

Two bills were presented to the Tlaxcala Congress on October 2, 2009 to legalize gay marriage and eliminate discrimination.[209] The initiative was blocked in 2010 by officials [210] and in fact, the state, along with officials from Guanajuato, Jalisco, Morelos and Sonora, sent a formal challenge to the acceptance of same-sex marriage passed by the Federal District.[211] In June, 2011, activists questioned why no action had been taken and were told that the initiatives were still “climbing the roster.” [212][213] In February 2014, a PRD deputy, Eréndira Montiel Jiménez, promised to present new initiatives to eradicate discrimination and for a law of coexistence.[214] The proposed law, introduced on 3 April 2014, outlined the legal framework to eliminate discrimination, to develop a form of coexistence “that has the purpose of marriage or concubinage,” and to amend rules of adoption.[215] In June, 2014, activists urged Congress to act in favor of same sex marriages and anti-discrimination ordinances which had been submitted by Montiel Jiménez.[216]

Civil unions[edit]

Mexico City[edit]

Being the seat of the Powers of the Union, Mexico City did not belong to any particular state but to all. After years of demanding greater political autonomy, residents were given the right to directly elect the Head of Government of the Federal District and the representatives of the unicameral Legislative Assembly (ALDF) by popular vote in 1997. Ever since, the center-left Party of the Democratic Revolution (PRD) has controlled both political powers.

In the early 2000s, Enoé Uranga, an openly lesbian politician and activist, unsuccessfully pushed a bill that would have legalized same-sex civil unions in Mexico City under the name Ley de Sociedades de Convivencia (LSC; "Law for Coexistence Partnerships").[217] Despite being passed four times by legislative commissions, the bill repeatedly got stuck in plenary voting for its sensitive nature, which could be attributed to the widespread opposition from right-wing groups and then-Head of Government Andrés Manuel López Obrador's ambiguity concerning the bill.[218] Nonetheless, since new left-wing mayor Marcelo Ebrard was expected to take power in December 2006, the ALDF decided to take up the bill and approved it in a 43–17 vote on 9 November.[218]

Political party Members Yes No Abstain Absent
Party of the Democratic Revolution 34 33 1
National Action Party 17 16 1
Institutional Revolutionary Party 4 4
New Alliance Party 4 2 1 1
Ecologist Green Party of Mexico 3 3
Social Democratic Party 2 2
Labor Party 1 1
Convergence 1 1
Total 66 43 17 5 1

The law was well received by feminist and LGBT groups, including Emilio Álvarez Icaza, then-chairman of the Federal District's Human Rights Commission, who declared that "the law was not a threat to anyone in particular and that it will be a matter of time before it shows positive consequences for different social groups." It was strongly opposed by right-wing groups such as the National Parents' Union and the Roman Catholic Church, which labeled the assemblymen who voted for the law as "sinners" and complained it was "vengeance against the Catholic Church from the more radical groups from the left, who felt it was a demand for justice."[218] The law officially took effect on March 16, 2007.[219] Mexico City's first same-sex civil union was between Jorge Cerpa, a 31-year-old economist, and Antonio Medina, a 38-year-old journalist.[219] As of December 2009, 736 same-sex civil unions have taken place in the city since the law became effective, of which 24 have been annulled (3%).[220]

In early September, 2014, modifications to the Civil Union agreement were drafted to eliminate discrimination on the basis of sexual orientation and dissolution support. In essence, the law had provided that upon termination, domestic partners were only allowed support for a period equal to half the length of the partnership. The Supreme Court ruled that the provision was discriminatory as it accorded differential treatment in cases of partnership for cohabitation, marriage or concubinage.[221]

Year Unions Annulled
2007 257 10
2008 268 14
2009 211
Total 736 24

Campeche[edit]

11 April 2013 the Party of the Democratic Revolution introduced a measure to create a Civil Partnership of Coexistence for Campeche.[222] The bill was unanimously passed 20 December 2013, and while it covers both same-sex and opposite-sex couples, it specifically provides that it "shall not constitute a civil partnership of people living together in marriage and cohabitation." An additional distinction is that it is not filed with the Civil Registrar, but with the Public Registry of Property and Trade.[223]

Coahuila de Zaragoza[edit]

The legalization of same-sex civil unions in Coahuila had started to be discussed as early as November 2006.[224] 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.[225][226]

Political party Members Yes No Abstain Absent
PRI Party (Mexico).svg Institutional Revolutionary Party 20 19 1
PAN Party (Mexico).svg National Action Party 9 9
PRD Party (Mexico).svg Party of the Democratic Revolution 2 1 1
Unidad Democrática de Coahuila.jpg Democratic Unity of Coahuila 2 2
PVE Party (Mexico).svg Ecologist Green Party of Mexico 1 1
PT Party (Mexico).svg 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.[226] 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."[226] 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."[225] 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.[225] Twenty days after the law had passed, the country's first same-sex civil union took place in Saltillo, Coahuila. It was between 29-year-olds Karina Almaguer and Karla Lopez, a lesbian couple from Tamaulipas.[227] Since 2007, 196 same-sex couples have entered into a PCS, none of them have been annulled.[228]

Colima[edit]

In July 2009, the Party of the Democratic Revolution (PRD) introduced a formal initiative to legalize civil unions in the western state of Colima.[229] Nevertheless, the following month, the local legislature decided not to take up the initiative, following widespread opposition from right-wing groups.[230] In December 2009, Governor of Colima Mario Anguiano Moreno agreed to discuss the legalization of civil unions and adoption by same-sex couples in the current legislature.[231]

On 4 July 2013, the State Congress approved a new form of union, called "enlace conyugal" (conjugal bond) for same-sex couples, which according to PRI Deputy Martín Flores Castañeda grants the same rights and obligations as marriage, but it is doubtful whether such rights and obligations would be recognized outside the state.[232]

Jalisco[edit]

In 2013, deputies of the Party of the Democratic Revolution (PRD), Institutional Revolutionary Party (PRI), Ecologist Green Party of Mexico (PVEM), Citizens' Movement (MC) and an independent deputy presented the Free Coexistence Act (Ley de Libre Convivencia).[233] In it is established that same-sex civil unions can be applied in the state, as long as they are not considered as marriages, there is no adoption and they are performed with a civil law notary.[233][234] On 31 October 2013, Jalisco congress approved the Act in a 20–15 vote,[4] one abstained and three were absent.[234]

Political party Members Yes No Abstain Absent
PRI Party (Mexico).svg Institutional Revolutionary Party 17 15 1 1
PAN Party (Mexico).svg National Action Party 13 11 2
PRD Party (Mexico).svg Party of the Democratic Revolution 2 2
PVE Party (Mexico).svg Ecologist Green Party of Mexico 1 1
Movimiento Ciudadano.svg Citizens' Movement 5 1 3 1
     Independent 1 1
Total 39 20 15 1 3

Other states[edit]

Similar bills have been proposed by the PRD in at least six states.[198] On December 7, 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."[235] 15 March 2011 the Law of Society for Coexistence was first proposed.[236] After five reviews in the ensuing years,[237] on 8 June 2014 the law was postponed until a later session.[238]

A proposal for civil unions was submitted to the legislature of Zacatecas on 30 June 2011 [239] and lawmakers admitted in 2013 that it was not prioritized.[240] In March, 2014, legislators again refused to approve the measure.[241]

Public opinion[edit]

In a Parametría poll, conducted from 17 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.[242] From 27 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%.[243]

Guillermo Bustamante Manilla, a PAN member and president of UNPF, as well as the father of Guillermo Bustamante Artasánchez, a law director of the Secretary of the Interior, opposes abortion and same-sex civil unions[244] and has called the latter as "anti-natural."[245] He has publicly asked voters not to cast votes for "abortionists" parties and those who are in favor of homosexual relationships.[246]

A study conducted by Vanderbilt University in 2010 concluded that 37.8% of Mexicans support same-sex marriage.[247] A poll conducted in July 2013 found a significant increase in support for same-sex marriage, with 52% of Mexicans in favour of legalising same-sex marriage. When broken down by religion, support was 52% among Roman Catholics and 62% among non-religious people. However, in the same poll, only 24% of respondents supported same-sex adoption.[248]

In early 2014 the Strategic Communication Cabinet, a statistical consulting services company, published a report called "Social Intolerance In Mexico",[249] in which polls that covered several social issues were conducted in the 45 largest cities and municipalities. The study found that the strongest support for same-sex marriages was registered in Mexico City, Tijuana, San Luis Potosí, Colima and La Paz; whereas it was the weakest in Durango, Ciudad Victoria, Aguascalientes, Chihuahua and Monterrey. Additionally, adoption by same-sex couples was more widely accepted in Mexico City, the border cities of Tijuana and Ciudad Juárez, as well as Xalapa and Cancun; meanwhile the least support was found in Chihuahua, Guadalajara, Aguascalientes, Durango and Campeche.

See also[edit]

References[edit]

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External links[edit]