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	<title>Comments on: Making Sense of the Mexico Decision, Ctd. &#8212; What is an Amparo?</title>
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	<description>News, analysis and fact-checking of anti-gay rhetoric</description>
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		<title>By: Jim Hlavac</title>
		<link>http://www.boxturtlebulletin.com/2012/12/06/51659/comment-page-1#comment-186944</link>
		<dc:creator>Jim Hlavac</dc:creator>
		<pubDate>Fri, 07 Dec 2012 04:51:26 +0000</pubDate>
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		<description>Not too long ago in Mazatlan, Mexico, I wound up working with an American man married to a Mexican woman in, um, unhappiness, with three charming blond haired blue eyed daughters to confuse the issue. I found myself learning about Amparos fast. The word gets the lead out of bureaucratic butt, that&#039;s for sure. The mere threat of seeking one gets action, that I found; and I didn&#039;t have a clue what it really was when I first used it. 

It turns out there are many types of amparos, and there are many books on the subject -- and each seems to have its own peculiar form, i.e. business amparos, land amparos, work place amparos, etc. There&#039;s even an amparo for &quot;cases not covered under the law as written;&quot; with its own 400 page book explaining it. Which was my friend&#039;s case -- he was a house husband, his wife required to supply support for him and the children, since he couldn&#039;t work in the country, and she was refusing to pay &quot;husband support,&quot; as I put it. It was rather comical as I had to explain to many the &quot;nueva sexualidad&quot; -- the new sexuality. 

When there&#039;s no law, or article (since Mexico is civil law you always have to refer to articles of the law first, and previous court cases not so much,) covering a situation, then the person can seek an amparo -- gay marriage is very um, amparo-able, for there&#039;s little law on it.

And what seems to be the best thing about them is that they must be accepted to be heard. As long as the right forms are used, a judge has to hold a hearing -- and the loser pays the costs. They can be between any two people too, not just a person and the state -- and everyone avoids them like the plague. 

So if gay folks ask for amparos, they&#039;ll get them. And then, if enough on one subject show up the legislature must conform the laws to the new decision. In a way it&#039;s judicial legislation for what the legislature forgot to do. Yes, nice that gay folks are going to use that tool of the law.</description>
		<content:encoded><![CDATA[<p>Not too long ago in Mazatlan, Mexico, I wound up working with an American man married to a Mexican woman in, um, unhappiness, with three charming blond haired blue eyed daughters to confuse the issue. I found myself learning about Amparos fast. The word gets the lead out of bureaucratic butt, that&#8217;s for sure. The mere threat of seeking one gets action, that I found; and I didn&#8217;t have a clue what it really was when I first used it. </p>
<p>It turns out there are many types of amparos, and there are many books on the subject &#8212; and each seems to have its own peculiar form, i.e. business amparos, land amparos, work place amparos, etc. There&#8217;s even an amparo for &#8220;cases not covered under the law as written;&#8221; with its own 400 page book explaining it. Which was my friend&#8217;s case &#8212; he was a house husband, his wife required to supply support for him and the children, since he couldn&#8217;t work in the country, and she was refusing to pay &#8220;husband support,&#8221; as I put it. It was rather comical as I had to explain to many the &#8220;nueva sexualidad&#8221; &#8212; the new sexuality. </p>
<p>When there&#8217;s no law, or article (since Mexico is civil law you always have to refer to articles of the law first, and previous court cases not so much,) covering a situation, then the person can seek an amparo &#8212; gay marriage is very um, amparo-able, for there&#8217;s little law on it.</p>
<p>And what seems to be the best thing about them is that they must be accepted to be heard. As long as the right forms are used, a judge has to hold a hearing &#8212; and the loser pays the costs. They can be between any two people too, not just a person and the state &#8212; and everyone avoids them like the plague. </p>
<p>So if gay folks ask for amparos, they&#8217;ll get them. And then, if enough on one subject show up the legislature must conform the laws to the new decision. In a way it&#8217;s judicial legislation for what the legislature forgot to do. Yes, nice that gay folks are going to use that tool of the law.</p>
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