Mexico Supreme Court overturns state law restricting marriage

Timothy Kincaid

December 5th, 2012

Since 2010, same-sex couples can marry in Mexico City and have that marriage recognized throughout the country. But with a ruling from the Supreme Court today, such couples can now marry in the state of Oaxaca – and probably all across the nation.


La Suprema Corte de Justicia de la Nación (SCJN) eliminó del Código Civil de Oaxaca el artículo 143 que establecía que el matrimonio sólo es entre un hombre y una mujer.

A partir de hoy, se sustituye con la resolución de la Corte, que implica matrimonios “entre dos personas”, por lo que no importa si son de distintos sexos o del mismo.

Google translate:

The Supreme Court of Justice of the Nation (SCJN) eliminated Oaxaca Civil Code Article 143 which stated that marriage is only between a man and a woman.

Beginning today, is replaced with the Court ruling, involving marriages “between two people”, so it does not matter if they are of different sexes or the same.

Two years ago the Catholic Church went entirely nuts claiming that the court was bribed and threatened war. It will be interesting to see what absurdities they will claim about today’s unanimous decision.

Ben In Oakland

December 5th, 2012

I don’t know whether to cheer, to laugh, or to dread what the RCC will come up with.

The Lauderdale

December 5th, 2012


Does this not bring it to twelve? Or does this not mean that couples can get married yet, or what?

And I just saw that marriage equality was passed in Columbia’s senate yesterday, at least if this article is correct –


December 6th, 2012

The full text of the ruling has not yet been released, and while it likely will not legalize same-sex marriage nationwide in Mexico, it does lay the groundwork for such lawsuits on a state-by-state basis. For now though, Oxaca just got marriage equality.


December 6th, 2012

War? How many divisions has the Pope?



December 6th, 2012

The Supreme Court of Mexico, unlike the Supreme Court of the United States, does not invalidate state laws en mass. Right now, the ruling applies only to Oaxaca. However, the ruling establishes a binding precedent that will be used in challenging the laws of the other state bans on same-sex marriage. Activists will no doubt soon file suit in courts across the country and the state or district courts will order the state marriage laws be changed to conform to the Supreme Court ruling. It will likely be a matter of a few months before marriage equality will be achieved throughout the country, thus eliminating the need for same-sex couples to travel to Mexico City to be married.


December 6th, 2012

NOM’s blog still only has a link to a poll of Illinois hispanics who oppose SSM at 51%. They couldn’t get the French protests up there fast enough, but they seem slow today.

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