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Same-sex marriage in Morelos

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage became legal in the Mexican state of Morelos on 5 July 2016. A bill to amend the state Constitution legalizing same-sex marriage passed the state Congress on 18 May 2016 by 20 votes to 6. Ratification by a majority of the state's 33 municipalities was confirmed on 27 June 2016. The law was published in the official state gazette on 4 July 2016 and same-sex marriage began being recognized in the state the following day.

History

State recognition of same-sex relationships in Mexico.
  Marriage at the state level
  5+ court orders supporting marriage, requiring legalization by the state government
  1–4 court orders supporting individual marriage

Legislature

In Morelos, bills concerning same-sex marriage and adoption by same-sex couples were proposed by the Labor Party (PT) in mid-2010.[1] The proposal was rejected by PAN in February 2010.[2] A subsequent proposal was also rejected in March 2013.[3] On 30 July 2013, the Civil Partnership Equity and Community Participation asked a federal court to rule in favor of same-sex marriage in Morelos.[4] The Party of the Democratic Revolution (PRD) announced in July 2014 that a vote on same-sex marriage would occur in September 2014.[5] On 19 September 2014, civil society organizations including members of the Lesbian and Gay Collective in Morelos launched impeachment procedures against the members of the Committee on Constitutional Issues for failure to follow Article 54 of the Internal Regulations of Congress. The impeachment proceeding declares the same-sex marriage initiative has been in committee for 20 months, but the committee is legally required to submit, to the full Congress within 60 days, their recommendations and analysis on initiatives.[6][7]

Constitutional reform

Map of how each municipality voted during the 2016 marriage constitutional amendment
  Yes
  No
  Abstain

On 27 July 2015, the Governor of the state presented an initiative to Congress to reform the Civil Code and the Constitution to permit same-sex marriage in the state.[8][9] Governor Graco Ramírez Garrido's proposal is to reform article 120 of the Constitution of Morelos and articles 22, 65 and 68 of the Family Code to bring them into line with the jurisprudence set forth by the Supreme Court of Justice of the Nation on 22 June.[10]

On 18 May 2016, the Congress of Morelos voted 20 to 6 to approve the constitutional change to legalize same-sex marriage. A constitutional change requires the ratification of at least 17 of the 33 municipalities in the state. The Government expected the ratification process to finish within a month. Governor Graco Ramírez welcomed the approval of the bill.[11][12] The 33 municipalities had until 25 June 2016 to act on the constitutional change.[13] If they did not act, then on 29 June the reform would be approved by constructive assent (silence from the authority with respect to a request, in this case, the reform from Congress).[14] At the end of the process, a total of 17 municipalities had ratified the constitutional change and 15 had voted against ratification, while 1 municipality was awarded an extra week, although the clear majority being in favor meant that same-sex marriage would become legal in the state.[15][16] The municipalities which voted in favor of the reform were Cuautla, Emiliano Zapata, Huitzilac, Jantetelco, Jiutepec, Puente de Ixtla, Temixco, Tetecala, Tlaquiltenango, Totolapan, Yautepec de Zaragoza and Yecapixtla. Additionally, the municipalities of Axochiapan, Cuernavaca, Mazatepec, Tepalcingo and Tlayacapan did not vote (constructive assent). The remaining municipalities voted against the change.[17] The law was promulgated and published in the state's official gazette on 4 July 2016.[18] It took effect on 5 July.[19] The state adoption agency clarified that the law allows same-sex couples to adopt jointly; the adoption process is open to all spouses in Morelos.[20]

On 29 August 2016, 17 municipalities in the state filed a constitutional challenge before the Mexican Supreme Court asking it to reverse the same-sex marriage reform. They argued that the Congress of Morelos acted illegally when it validated the reform. Two municipalities (Mazatepec and Tepalcingo) said that their vote was validated as constructive assent, even though they voted against.[21] The Supreme Court dismissed the challenge on 8 September.[22]

On 28 August 2013, a same-sex couple applied to marry in Morelos through an injunction.[23] 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.[24] In January 2014, another same-sex couple began the process and in July were granted an injunction to marry.[25] An appeal was launched, but after losing the appeal,[26] the Registrar performed the marriage ceremony for the first same-sex marriage in the town of Ayala on 6 September 2014.[27] Marquez Edgar Ortega, director of Care for Sexual Diversity, announced at the wedding that six shelters have been requested in Morelos.[28] On 29 October 2014, a lesbian couple married in Cuernavaca.[29] A lesbian couple applied for an injunction in Cuernavaca as the Civil Registry refused to recognize their same-sex marriage and allow them to divorce.[30]

See also

References

  1. ^ José Luis Garcitapia; Dulce Maya (22 January 2010). "Iniciativa del PT a favor de los matrimonios gay" (in Spanish). La Jornada Morelos. Retrieved 23 January 2010. {{cite web}}: Unknown parameter |lastauthoramp= ignored (|name-list-style= suggested) (help)
  2. ^ "Los gobiernos de Jalisco y Morelos se unen contra los matrimonios gay". cnn.com. 16 February 2010.
  3. ^ "Por el "orden natural", PAN rechaza matrimonio igualitario en Morelos". SDPnoticias.com.
  4. ^ "Va amparo para unión igual sexo". Diario De Morelos. 31 July 2013.
  5. ^ "Retomarán el tema del matrimonio igualitario en Morelos". 2014-07-21. Retrieved 2015-10-19.
  6. ^ "Demandan juicio político contra la Comisión de Puntos Constitucionales". oem.com.mx.
  7. ^ Ana Lilia Mata. "Piden juicio político para diputados por no apoyar matrimonio gay". Archived from the original on 2014-10-01. Retrieved 2015-10-19.
  8. ^ "Gobernador de Morelos presenta "Ley para Matrimonios Igualitarios" ante el Congreso" (in Spanish). Mexico: SDP Noticias. 27 July 2015. Retrieved 28 July 2015.
  9. ^ "Tras resolución de la Corte, gobernador de Morelos presenta ley a favor del matrimonio igualitario" (in Spanish). Mexico: Animal Político. 27 July 2015. Retrieved 28 July 2015.
  10. ^ "Firman iniciativa para matrimonios igualitarios en Morelos" (in Spanish). Morelos, Mexico: La Unión. 27 July 2015. Retrieved 28 July 2015.
  11. ^ Aprueba Morelos matrimonio igualitario
  12. ^ Mexico: Morelos Approves Same-Sex Marriage Bill
  13. ^ “Cuau” suspende cabildo por protesta contra matrimonio igualitario
  14. ^ "Pide Edwin Brito a cabildos votar sin prejuicios sobre matrimonio igualitario". La Unión de Morelos. 4 June 2016.
  15. ^ Emite Congreso declaratoria de validez de reforma constitucional que permitirá el matrimonio igualitario en Morelos
  16. ^ "Anuncian diputados que municipios aprobaron matrimonio igualitario en Morelos". Zona Centro Noticias. 28 June 2016. Archived from the original on 28 June 2016.
  17. ^ Congreso de Morelos emite declaratoria que valida matrimonios gay
  18. ^ Template:Es Morelos promulga Matrimonio Igualitario
  19. ^ Template:Es PERIÓDICO OFICIAL “TIERRA Y LIBERTAD” 04 de julio de 2016
  20. ^ Template:Es Abren adopciones a matrimonios gay
  21. ^ Municipios van contra matrimonios igualitarios
  22. ^ Suprema Corte SCJN avala la Ley del ICTSGEM y el matrimonio igualitario
  23. ^ El Regional del Sur. "El Regional". elregional.com.mx.
  24. ^ "Noticias - Primera boda gay en Xochi - Diario de Morelos". Diario de Morelos.
  25. ^ "Sí habrá boda gay en Ayala". Diario De Morelos. 16 July 2014.
  26. ^ Job Olivares Estrada. "El sábado, la primera boda entre personas del mismo sexo en la región oriente". Archived from the original on 2014-09-03. Retrieved 2015-10-19.
  27. ^ Tlaulli Rocio Preciado Bahena. "Hoy, la primera boda por el civil entre hombres en Morelos". Archived from the original on 2014-09-06. Retrieved 2015-10-19.
  28. ^ "Se casan dos hombres, tras ganar un amparo en Morelos". zocalo.com.mx.
  29. ^ "Pareja del mismo sexo se casa en Cuernavaca bajo amparo". aztecanoticias.com.mx.
  30. ^ Avala Barud que se legisle sobre los matrimonios gay
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