Two more Mexican states have same-sex marriages

Timothy Kincaid

December 30th, 2013

Mexico’s position on marriage equality is a convoluted one. Same-sex marriages may be conducted in Mexico City and in the state of Quintana Roo, but are recognized across the nation.

One state bans same-sex marriage, a few others offer civil unions, and the rest are in a sort of flux.

A year ago the Mexican Supreme Court ruled that same-sex couples have the civil right of marriage. However, the amparo process is not that of a single universal decision; rather, it speaks specifically to each case and, absent any contrary decisions, eventually and cumulatively gains the weight of law.

Now two more states have contributed to that on-going process, Jalisco and Chihuahua (ai!). From CNN Mexico (with a miserable Google translation)

Zaira de la O and Martha Sandoval will give you the “I do” before a judge in Jalisco on Saturday, becoming the first gay couple in a civil marriage in this state.

The Jalisco Civil Code does not provide for marriage between same sex couples get married but after the fourth Civil District Judge Material, granted them under.

and Diario (equally bad translation)

Accompanied by family and friends, Marco Quiroz and Jaime Villaseñor Gándara Salcido, were married on Friday at 18:00 in the city of Chihuahua. Judge who married in the Registry Office of Chihuahua, explained that because District judge ordered an injunction that marriage promoted by the parties and by the authority conferred by the State, the said united in marriage. “With all the rights that the law gives them, but also with all the obligations that it provides for married “both nodded at each word judge and became the first same-sex marriage in the state of Chihuahua.

It appears that there are four more couples in Chihuahua who wish to marry. If I understand the process correctly (and I don’t claim to), if each is granted an ampara, marriage equality becomes law in that state.

Patrick

December 31st, 2013

This is the same thing that happened in Coahuila, Yucatan and Oaxaca. This is also the way people are getting married in Many parts of Brazil. The courts can rule that the right to marry exists but couples will need a court order until one of three things happens. First, a higher ranking judge can issue a blanket order giving all persons within a jurisdiction the right in question. This is what happened in many states in Brazil. Second, if enough people who are identically situated get enough orders, the amparo gains the status of law in that jurisdiction. Lastly, the legislative branch can pass a law implementing the decision as law. Since most Latin American countries have legal systems based on civil law, they mostly share this framework that limits the power of the judiciary in ways we might find surprising.

David Handy

January 1st, 2014

I think that the state of Colima has or is in the process of legalizing same-sex marriage. My spanish isn’t perfect and the process in Colima is confusing. Clearer is the fact that Oaxaca has issued three amparos and needs two more to generalize the judgement in favor of same-sex marriage.

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