Same-sex marriage in Mexico September 2019

///Same-sex marriage in Mexico September 2019

Same-sex marriage in Mexico September 2019

What are the laws regarding Same-sex marriage in Mexico September 2019?  Mexico is a little different than the United States in that although gay marriage is legal it is not automatic, depending on the state where you are. As of September 1, 2019 Same-sex marriage is performed without restriction in Mexico City and in the states of Aguascalientes, Baja California, Baja California Sur, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Hidalgo, Jalisco, Michoacán, Morelos, Nayarit, Nuevo León, Oaxaca, Puebla, Quintana Roo and San Luis Potosí, as well as in certain municipalities in Guerrero, Querétaro and Zacatecas.

The Constitution of Mexico does not explicitly define nor ban same-sex marriage. It does contain various articles protecting the “integrity of the family” and the “fraternity and equality of rights of all” and forbidding “any form of discrimination, based on […] sexual orientation, marital status, […] which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people”. On these bases, the Mexican Supreme Court has ruled that banning same-sex marriage is unconstitutional. Article 4 provides that men and women have an equal right to marry, reading that “the law shall protect the organization and development of the family

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

A 2012 Oaxaca case was pivotal in opening the door to legal same-sex marriage in every state in Mexico, through the recurso de amparo process. Using international decisions, whose verdicts serve as legal precedent in Mexican courts, like the protections in the American Convention on Human Rights Atala Riffo and Daughters v. Chile case, the U.S. cases Loving v. Virginia and Brown v. Board of Education and Mexico’s own anti-discrimination ordinances, the Supreme Court of Justice of the Nation ruled on 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. The ruling did not directly overturn the impugned laws, but established that marriages obtained by injunction could be performed in any state, regardless of whether the state Civil Code had been changed.

Puerto Vallarta is located in the Mexican state of Jalisco. Here is some history and the current law as it pertains to Puerto Vallarta gay marriage. Same-sex marriage is legal in the Mexican state of Jalisco, following a unanimous ruling on 26 January 2016 by the Supreme Court. However, some municipalities still refused to marry same-sex couples until being ordered by Congress to do so, which happened on 12 May 2016. Civil unions for same-sex couples had also been legal in the state since January 1, 2014 following approval of a law allowing such unions by Congress in October 2013, but this law was struck down on procedural grounds in September 2018.

On 26 January 2016, the full Mexican Supreme Court voted unanimously to declare the Civil Code unconstitutional for limiting marriage to heterosexual couples. Since at least 8 of the 11 Justices ruled in favor of same-sex couples, the articles mentioned in Jalisco’s Civil Code would be struck down once the ruling was published in the judicial gazette and a new gender-neutral text from the Court would override the existing text upon publication in Jalisco’s state gazette and the federal gazette.

By | 2019-08-30T12:18:16-05:00 August 30th, 2019|LGBT|

About the Author:

Timothy Ray Wilson – publisher A native of Seneca, South Carolina, Tim obtained a finance degree from Clemson University before spending 25 years in banking, real estate, finance and marketing. He retired to Puerto Vallarta in 2008 and founded GAYPV magazine two years later. As a former member of the North America Travel Journalists Association, Tim writes for national and international media outlets promoting Puerto Vallarta as Mexico’s premiere LGBT travel destination. Through his involvement as a founding member of Vallarta Gay Pride, Tim served on the organization’s marketing steering committee for the first several years.

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