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Same-sex marriage in Sonora

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Part of the LGBTQ 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 is currently not legal in the Mexican state of Sonora. On 11 May 2016, the Director of the Civil Registry of Sonora announced that same-sex couples could begin marrying in the state without the need for an amparo (ie: court order). However on 18 May 2016, the Governor ordered all civil registries in the state to stop marrying same-sex couples.

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

Injunctions

An important recognition case was filed in 2013. A male same-sex couple married in Mexico City in July 2012. They returned to Sonora and attempted to enroll as a couple in the Social Security program Institute for Social Security and Services for State Workers Sonora. They were denied admittance on 8 October 2012 and filed for an injunction (amparo 2564/2013) with a court in Culiacán, Sinaloa. On 9 October 2013, the court granted the injunction holding that the human right to form a family without discrimination had been violated.[1]

In early May, a female couple from the municipality of San Luis Río Colorado were denied a marriage license by the Civil Registry. On 26 May 2014, they filed an injunction in the Fifth District Court of the Fifteenth Circuit in Mexicali.[2] A hearing was held on 17 September 2014.[3][4][5] The couple received a favorable ruling on 22 October 2014.[6][7][8] The wedding was scheduled to take place at the Civil Registry of Luis B. Sanchez on 13 February 2015,[9] but was held in a private home with the consent and participation of registry officials.[10]

A second lesbian couple applied for a marriage license on 11 August 2014. They were refused and subsequently filed an injunction.[11] The injunction was granted in February 2015.[12]

On 1 May 2015, six couples filed injunctions after being denied marriage licenses from the Civil Registry in Hermosillo.[13]

As of 1 September 2016, 26 same-sex couples - 20 of whom were lesbian couples and the remaining 6 were gay male couples - have sought injunctions to marry in Sonora. All of them have been granted by the courts.[14]

Legislature

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.[15] 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.[16]

Decision by the Director of the Civil Registry

On 11 May 2016, the Director of the Civil Registry of the State of Sonora, Martha Julissa Bojórquez Castillo, announced that same-sex couples could begin marrying in the state without the need for an amparo (ie: court order). More than 12 court orders had been granted to same-sex couples in Sonora prior to the decision, more than the 5 necessary to make the state's offending provisions in the civil code null and inoperable.[17]

Almost immediately after the aforementioned decision, the civil registrar of the municipality of Navojoa announced that same-sex couples would still have to be granted an injunction to be able to marry in the municipality. He claims that because the Congress of Sonora has not yet changed the law, an amparo is still necessary.[18]

Following Mrs. Bojórquez Castillo's decision, many members of Congress announced their support for amending the Family Code.[19]

"The truth is that being a topic that has already been approved nationally, it is up to us to make it conducive"

"It (same-sex marriage) is linked to the right to happiness that we all have and we have to give that legal certainty"

"You have to raise it and harmonize the Family Code so there are no contradictions"

On 18 May 2016, Governor Claudia Pavlovich Arellano ordered all civil registries in the state to stop marrying same-sex couples. She said that the Civil Code of Sonora is very clear on what marriage is and that the state would continue to follow those laws (even though the articles in the Civil Code that are denying marriage rights to same-sex couples have already been declared inoperable and unconstitutional). She added that civil registries may still marry same-sex couples only if they are granted an injunction beforehand.[20]

See also

References

  1. ^ "Sonora Ciudadana - Post". sonoraciudadana.org.mx.
  2. ^ Saul D.Martinez (31 July 2014). "A un paso de ser realidad, primer boda gay en SLRC". LaCronica.com.
  3. ^ "Avanza amparo para boda civil". oem.com.mx.
  4. ^ Gina RodrÃguez (9 September 2014). "Otra pareja homosexual interesada en matrimonio en SLRC". LaCronica.com.
  5. ^ "Esperan resolución de matrimonio gay". San Luis Digital.
  6. ^ "Autorizan boda gay en SL". oem.com.mx.
  7. ^ Saul D.Martinez (23 October 2014). "Logran sentencia para "matrimonio gay"". LaCronica.com.
  8. ^ Juez da “luz verde” a primer boda gay
  9. ^ "El 13 celebrarán la primera boda homosexual". oem.com.mx.
  10. ^ "First same-sex marriage in Mexican state of Sonora performed today". San Diego Gay and Lesbian News.
  11. ^ Surge nuevo caso de matrimonio “gay”
  12. ^ Acuña, Diana (27 February 2015). "Aprueban segunda boda gay en SLRC". El Imparcial. Retrieved 27 February 2015.
  13. ^ Impulsan seis parejas gay en Hermosillo amparos federales para casarse por el civil
  14. ^ "Un total de 26 parejas gay han solicitado amparos para casarse en Sonora" (in sp). EXPRESO. 1 September 2016.{{cite web}}: CS1 maint: unrecognized language (link)
  15. ^ Ulises Gutiérrez (13 January 2010). "Proponen matrimonio homosexual en Sonora" (in Spanish). La Jornada. Retrieved 16 January 2010.
  16. ^ "El Universal - - Sonora tambin rechaza matrimonios gay". eluniversal.com.mx. 20 July 2013.
  17. ^ "Da Registro Civil apertura a matrimonios entre personas del mismo sexo". UniObregon. 11 May 2016.
  18. ^ "Navojoa, sin solicitud de matrimonio igualitario". Tribuna del Yaqui. 12 May 2016.
  19. ^ "Proyectan diputados reformar Código de Familia". CRÍTICA. 13 May 2016.
  20. ^ "Reitera Estado, parejas gay sí requieren de amparo para casarse". UniradioInforma.com. 18 May 2016.

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