Marriage in Mexico – update and Jalisco victory

Timothy Kincaid

January 26th, 2016

Map Mexico statesMexico’s same-sex marriage status is complicated.

Marriages occurring anywhere in the country are recognized throughout. So, since December 2009 when Mexico City legislators voted for marriage equality, same-sex couples could travel to the capital and have their relationship recognized upon their return.

However, other than in six states, locally conducted same-sex marriage is illegal. But these are not laws without a solution. A couple can go to court and request an amparo (a sort of civil rights ruling) which states that the law is unconstitutional and which would allow that couple (but only that couple) to marry.

The outcome is assured; the Supreme Court has established that all such efforts result in approval of the marriage. So any same-sex couple can marry in any state – though it takes a lawyer, about $1,000, and a month to go through the legal process.

Additionally, after five identical amparos have been granted in one state, precedent is set and that state then will recognize same-sex marriages without any need for additional amparos. So for about $5,000 per state (about $125,000 total) and less than a year, marriage equality could be universal across the nation. Considering that in the US the legal battle cost tens of millions of dollars, this is a bargain and activists are implementing a plan to grind through the ampero process.

Meanwhile states are individually chugging along towards equality, some through non-amparo means. Currently Mexico has six equality states (out of 31):

Quintana Roo (Cancun) – In December 2011, local officials realized that the law did not mention the gender of those seeking marriage and that there was no restriction on same-sex couples.

Coahuila – In September 2014, Coahuila became the first state to enact marriage equality by means of legislative vote.

Chihuahua (Juarez) – By mid 2013, the required five amparos had been issued. The state legislature did not act, and couples asked the Supreme Court to order the state to comply. So as to avoid such a ruling, in June 2015 the governor announced that the state would no longer enforce the unconstitutional law.

Guerrero (Acapulco) – also in June 2015, the governor of Guerrero announced that it would not enforce the marriage ban. This was proactive as the state had not processed five amparos. The governor has presented a bill to the state legislature to change the law.

Nayarit – In late December 2015, the legislature voted 26 to 1 in favor of marriage equality.

Jalisco (Guadalajara) – today. This one is a pinch more complicated. Whenever a state law is published in Mexico, opponents have 30 days to file an action of unconstitutionality with the federal courts. Jalisco had recently made an unrelated change in its marriage laws and had republished the marriage code. This opened a window in which activists could challenge the limitations as to gender. The Supreme Court heard the case and today ruled 11 to 0 that Jalisco’s ban on same-sex marriage is unconstitutional.

Paul Douglas

January 26th, 2016

Mexico is acting so much more civilized about this than the US, IMHO.

Lord_Byron

January 27th, 2016

Fantastic. Plus this is not a country that the Vatican can get involved in politically and screw gay people over unlike, say, Slovenia.

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