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News and commentary about the anti-gay lobby“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
News and commentary about the anti-gay lobbyJune 5th, 2015
Mexico has a complicated judicial system, particularly when it comes to civil rights. Rather than single marriage rulings that apply broadly to all citizens, individual couples get an amparo which relates specifically to their case. However, once five amparos have been issued in a state, precedent is established and then marriage equality has reached that state.
Or something like that.
Well it now appears that the rule of five also applies on a federal level. (Buzzfeed)
The Supreme Court and several lower courts have already ruled in almost every state that same-sex couples have the right to marry under the Mexican constitution. But because of the Mexican court system’s often confusing technicalities, none of those decisions have been binding in future cases. Theoretically, any court could rule against a couple who has sued for the right to marry even though there have been many cases decided in favor of others couples.
That is no longer true. On Wednesday, Mexico’s Supreme Court issued the first blanket statement that laws prohibiting same-sex couples from marrying are unconstitutional in every state — what is known as “generic jurisprudence.”
…
This is not the first time the court had resolved a case with that exact sentence. But Colima is the fifth state in which the court had used this language, and five is a magic number in the Mexican system. Along with rulings from Oaxaca, Baja California, Sinaloa, and the State of México, the Colima ruling forms a new “generic jurisprudence” binding on judges issuing rulings in all the states of Mexico.
This does not necessarily mean that marriage licenses will now be handed out by every jurisdiction across the nation, but it means that every legal challenge will now have the same result. Perhaps it can be seen as a technicality that sets a two step process for obtaining a marriage license.
But as each state reaches five amparos (which are now assured) that state will be obligated to issue licenses. Or, in other words, the sixth same-sex couple to marry in a Mexican state will not have to go through the step of a legal challenge. And some states already have reached this threshold.
It may be that we can now say that same-sex marriages are now available across all of Mexico – though perhaps not yet full equality.
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