Same-sex marriage in Oaxaca

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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

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Same-sex marriages are not routinely performed in the Mexican state of Oaxaca, although judges have issued marriage certificates in individual cases. Although three decisions of the Mexican Supreme Court have indicated that the law should not be interpreted as "defining marriage as a legal union between a man and a woman", five such decisions are necessary for establishing a precedent for same-sex marriage.[1][2]

History[edit]

State recognition of same-sex relationships in Mexico.
  Same-sex marriage
  Same-sex civil unions
  Same-sex marriages recognized but not performed

On 10 April 2012, a lesbian couple was granted permission by a judge to marry in the state of Oaxaca after an eight months judicial battle, thus becoming the first same-sex marriage in the state.[3] On 26 August 2012, a Mexican federal court judge 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 and two others were reviewed by the Mexican Supreme Court and the Court issued unanimous rulings (amparo) on 5 December 2012 overturning the ban on same-sex marriage in three individual cases.[4][5] To establish precedent however, five individual cases must be decided this way.[1]

On March 22, 2013, the first same-sex marriage was performed in Oaxaca.[6]

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 third of five necessary decisions. [7]

See also[edit]

References[edit]