Same-sex marriage in Colima

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Same-sex marriage has been legal in Colima since 12 June 2016. On 25 May 2016, a bill to legalise same-sex marriage passed the Congress of Colima and was published as law in the state's official journal on 11 June. It came into effect the next day. Colima had previously recognized same-sex civil unions, but this "separate but equal" treatment of granting civil unions to same-sex couples and marriage to opposite-sex couples was declared discriminatory by the Supreme Court of Justice of the Nation in June 2015. Congress had passed a civil union bill in 2013 but repealed it in 2016 shortly before the legalization of same-sex marriage.

Contents

Civil unions

On 4 July 2013, the Congress of Colima approved an amendment to article 147 of the State Constitution to establish same-sex civil unions (Spanish : enlace conyugal, pronounced  [enˈlase koɲɟʝuˈɣal] ). Within 30 days, seven of Colima's ten municipalities had approved the constitutional change. [1] [2] [3] A group of citizens filed a lawsuit challenging the reform, [4] arguing that providing only civil unions to same-sex couples and marriage to opposite-sex couples was discrimination on the basis of sexual orientation. [5] On 18 March 2015, a district court judge declared that "separate but equal treatment is discriminatory" and unconstitutional. [6] The decision also stated that section 201 of the Civil Code, which defined gendered roles for men and women, was discriminatory and reiterated that adoption open to heterosexual married couples must also be open to same-sex couples. [7] Shortly after the ruling, a local LGBT group announced it would help any couple who joined in a civil union to receive a marriage license. [8] The state appealed the ruling, and on 17 June 2015 the Mexican Supreme Court agreed that the "separate but equal" union laws violated the Constitution of Mexico. [9] The state subsequently announced that it would repeal article 147 and pass a same-sex marriage law.

On 5 May 2016, Congress unanimously repealed the civil union provisions. [10] All unions performed before the repeal are recognized by the state and can be converted into marriage upon request. [11]

Same-sex marriage

Background

On 22 January 2013, the civil registrar of Cuauhtémoc received a request for a marriage license from a same-sex couple. After a team of lawyers reviewed the petition, [12] Mayor Indira Vizcaíno Silva granted the first marriage license to a same-sex couple in Colima on 27 February 2013. [13] The municipality performed a second same-sex marriage (and the first lesbian union) on 25 March 2013. [14] A third same-sex marriage in Cuauhtémoc was held on 4 April 2013 for a lesbian couple, and the registrar announced at the time that there were 20 to 30 additional marriages scheduled on the calendar. [15] Vizcaíno Silva said in March 2013 that a local survey had shown that eight out of ten residents supported the municipality's decision to issue marriage licenses to same-sex couples. [16]

In June 2013, Judge Rosa Lilia Vargas Valle of the Second District Court ruled that the Colima Civil Code was unconstitutional in limiting marriage to opposite-sex couples. [17] [18]

Constitutional ban

On 4 July 2013, alongside formalizing civil unions, the state Congress also approved an amendment to article 147 of the Colima Constitution defining marriage as the "union between a man and a woman", thus constitutionally banning same-sex marriage. [2] [3] [19] Congress voted unanimously to repeal article 147 on 5 May 2016, ending civil unions and removing the same-sex marriage ban. [20]

Legislative action

Following the Mexican Supreme Court's ruling on 17 June 2015 that a "separate but equal" treatment for same-sex couples is discriminatory and unconstitutional, [9] the Party of the Democratic Revolution (PRD) submitted a same-sex marriage bill to Congress. [21] The law would ensure that married same-sex couples enjoy the same rights, benefits and responsibilities as married opposite-sex couples, including tax benefits, immigration rights, property rights, inheritance, adoption rights, etc. [22] A vote on the legislation was scheduled for May 2016. [10] The bill was approved on 25 May 2016 in a unanimous 24–0 vote. [23] [24] It was published in the state's official journal on 11 June, following Governor José Ignacio Peralta's signature, and came into effect the following day. [11]

Political party MembersYesNoAbstainAbsent
PAN Party (Mexico).svg National Action Party 1313
PRI Party (Mexico).svg Institutional Revolutionary Party 871
Movimiento Ciudadano.svg Citizens' Movement 11
PNA Party (Mexico).svg New Alliance Party 11
PT Party (Mexico).svg Labor Party 11
PVE Party (Mexico).svg Ecologist Green Party of Mexico 11
Total25241

Statistics

The following table shows the number of same-sex marriages performed in Colima as reported by the National Institute of Statistics and Geography. [25]

Number of marriages performed in Colima
YearSame-sexOpposite-sexTotal % same-sex
FemaleMaleTotal
20163536713,3253,3962.09%
20174523683,0783,1462.16%
2018346403,0503,0901.29%
20194424683,2733,3412.04%
20202614402,4682,5081.59%
20212817453,2163,2611.38%

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 47% of Colima residents supported same-sex marriage; another 47% were opposed. [26]

According to a 2018 survey by the National Institute of Statistics and Geography, 39% of the Colima public opposed same-sex marriage. [27]

See also

Related Research Articles

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Lesbian, gay, bisexual, and transgender (LGBT) rights in Mexico have expanded in recent years, in keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.

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Same-sex marriage is legally recognized and performed throughout Mexico since 31 December 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country.

Same-sex marriage has been legal in Colombia since 28 April 2016 in accordance with a 6–3 ruling from the Constitutional Court of Colombia that banning same-sex marriage is unconstitutional under the Constitution of Colombia. The decision took effect immediately, and made Colombia the fourth country in South America to legalize same-sex marriage, after Argentina, Brazil and Uruguay. The first same-sex marriage was performed in Cali on 24 May 2016. Colombia has also recognised same-sex de facto unions, providing some of the rights and benefits of marriage, since 2007.

Same-sex marriage has been legal in Chihuahua since 12 June 2015. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Chihuahua, more than 20 individual amparos were decided with the same outcome, yet the Congress did not act. In anticipation of the Supreme Court of Justice of the Nation ordering the Congress to act, Governor César Duarte Jáquez announced on 11 June that there would be no further prohibition in the state. Marriage licenses became available the following day, 12 June 2015. Chihuahua was the third Mexican state to legalize same-sex marriage, after Quintana Roo and Coahuila.

Same-sex marriage has been legal in Coahuila since 17 September 2014, the effective date of legislation passed on 1 September 2014. Prior to the law's passage, civil unions for same-sex couples were legal, but not same-sex marriage. The passage of the same-sex marriage bill made Coahuila the second jurisdiction in Mexico, and the first state, to pass same-sex marriage via legislative means. Only Mexico City and the state of Quintana Roo allowed for same-sex marriage prior to Coahuila.

Same-sex marriage has been legal in Michoacán since 23 June 2016. On 18 May 2016, the Congress of Michoacán approved a bill to legalise same-sex marriage by a vote of 27 in favour, none opposed and 8 abstentions. The law was published in the state's official journal on 22 June, and took effect the following day. Previously, Congress had refused to amend the Family Code to legalize same-sex marriage, despite a ruling by a state judge requiring it to do so.

Same-sex marriage has been legal in Nayarit since 23 December 2015. A bill for the legalization of same-sex marriages was approved by the state Congress on 17 December in a 26–1 vote with 1 abstention. The law was published in the official state journal on 22 December and took effect the following day. Nayarit was the fourth Mexican state to legalise same-sex marriage after Quintana Roo, Coahuila and Chihuahua.

Same-sex marriage has been legal in Jalisco since a unanimous ruling by the Mexican Supreme Court on 26 January 2016 striking down the state's same-sex marriage ban as unconstitutional under Articles 1 and 4 of the Constitution of Mexico. The ruling was published in the Official Journal of the Federation on 21 April; however, some municipalities refused to marry same-sex couples until being ordered by Congress to do so on 12 May 2016. The state Congress passed a bill codifiying same-sex marriage into law on 6 April 2022.

Same-sex marriage has been legal in Campeche since 20 May 2016. In April 2016, Governor Alejandro Moreno Cárdenas introduced a same-sex marriage bill to the Congress of Campeche, which was approved on 10 May and entered into force 10 days later. Campeche had previously recognized same-sex couples in the form of civil unions only, which were enacted in 2013 and grant couples several of the rights and benefits of marriage.

Same-sex marriage has been legal in Querétaro since 13 November 2021. On 22 September 2021, the state Congress passed a law legalizing same-sex marriage in Querétaro. The law was published in the state's official gazette on 12 November, and took effect the following day. Previously, same-sex couples could marry in eight of the eighteen municipalities of Querétaro, comprising 60% of the state's population, despite a state law prohibiting same-sex marriage.

Same-sex marriage is legal in Puebla in accordance with a ruling from the Supreme Court of Justice of the Nation. On 1 August 2017, the Supreme Court ruled that the same-sex marriage ban containted in the state's Civil Code violated Articles 1 and 4 of the Constitution of Mexico, legalizing same-sex marriage in the state of Puebla. The ruling was officially published in the Official Journal of the Federation on 16 February 2018.

Same-sex marriage has been legal in Baja California since 3 November 2017 when the Secretary General of Government, Francisco Rueda Gómez, instructed the state's civil registry to immediately begin issuing marriage licenses to same-sex couples and cease enforcement of the state's same-sex marriage ban. This was in line with jurisprudence established by the Mexican Supreme Court, which has ruled that same-sex marriage bans violate Articles 1 and 4 of the Constitution of Mexico. Previously, Baja California had banned same-sex marriage both by statute and in its state constitution.

Same-sex marriage is legal in Nuevo León is legal in accordance with a ruling from the Supreme Court of Justice of the Nation on 19 February 2019 that the state's ban on same-sex marriage violated the Constitution of Mexico. The ruling came into effect on 31 May 2019 upon publication in the Official Journal of the Federation. By statute, in Mexico, if any five rulings from the courts on a single issue result in the same outcome, legislatures are bound to change the law. In the case of Nuevo León, almost 20 individual amparos were decided with the same outcome, yet the state did not act. On 19 February 2019, the Supreme Court issued a definitive ruling in an action of unconstitutionality, declaring the state's same-sex marriage ban unconstitutional, void and unenforceable. Same-sex marriage was codified into law by the Nuevo León Congress on 14 June 2023.

Same-sex marriage is legal in Aguascalientes in accordance with a ruling from the Supreme Court of Justice of the Nation on 2 April 2019 that the state's ban on same-sex marriage violated Articles 1 and 4 of the Constitution of Mexico. The ruling came into effect upon publication in the Official Gazette of the Federation on 16 August 2019, legalizing same-sex marriage in Aguascalientes.

Same-sex marriage has been legal in Baja California Sur since 29 June 2019. On 27 June, the state Congress passed a bill opening marriage to same-sex couples. It was published in the official state gazette on 28 June and took effect the following day, legalizing same-sex marriage in Baja California Sur.

Same-sex marriage has been legal in Veracruz since 13 June 2022. On 30 May 2022, the Mexican Supreme Court ruled that the state's same-sex marriage ban violated Articles 1 and 4 of the Constitution of Mexico. The Congress of Veracruz passed a bill to legalize same-sex marriage three days later on 2 June 2022. It was published in the official state journal on 13 June and went into effect the same day.

Same-sex marriage has been legal in Sinaloa since 30 June 2021. On 12 June 2021, a federal court ordered the Congress of Sinaloa to pass a same-sex marriage law by 15 June, in accordance with jurisprudence established by the Supreme Court of Justice of the Nation. Subsequently, same-sex marriage legislation passed Congress unanimously on 15 June. It was published in the official state journal on 29 June, and entered into force the following day, making Sinaloa the 20th Mexican state to legalize same-sex marriage.

Same-sex marriage has been legal in Yucatán since 4 March 2022. On 25 August 2021, the Congress of Yucatán removed a constitutional ban on same-sex marriages. The new law entered into force on 7 September 2021. Congress had 180 days to change statutory law to accommodate same-sex marriage, and did so unanimously on 1 March. The law took effect three days later, and made Yucatán the 25th Mexican state to legalize same-sex marriage.

Same-sex marriage has been legal in Guanajuato since 20 December 2021. That day, the Secretary General of Government, Libia Dennise García Muñoz, issued an official directive addressed to officials of the state civil registry that, effective immediately, same-sex couples can marry in the state. Guanajuato became the 23rd Mexican state, and the 24th jurisdiction, to legalize same-sex marriage.

Same-sex marriage has been legal in Tabasco since 27 October 2022. A bill to legalise same-sex marriage was passed by the Congress of Tabasco on 19 October 2022. It was signed by Governor Carlos Manuel Merino Campos, and published in the official state journal on 26 October, taking effect the next day. Tabasco was the fourth-to-last state in Mexico to legalize same-sex marriage.

References

  1. ↑ "Congreso de Colima aprueba uniones civiles entre personas del mismo sexo". CNN México. 4 July 2013. Archived from the original on 25 July 2014. Retrieved 26 May 2016.
  2. 1 2 "Congreso de Colima aprueba enlaces conyugales de parejas gay" (in Spanish). informador.mx. 4 July 2013. Archived from the original on 16 August 2017. Retrieved 7 November 2015.
  3. 1 2 Quilles, Alfredo (29 July 2013). "Colima declara válida la ley sobre bodas gay" (in Spanish). El Universal. Archived from the original on 13 November 2014. Retrieved 7 November 2015.
  4. ↑ "SCJN analizará amparo sobre unión gay en Colima; podrían 'tumbar' enlaces conyugales". Colima 3.0. Archived from the original on 23 March 2016. Retrieved 26 May 2016.
  5. ↑ "Revisarán normas sobre uniones homosexuales y heterosexuales". planoinformativo.com. Archived from the original on 16 August 2017. Retrieved 26 May 2016.
  6. ↑ Zamora Briseño, Pedro (18 March 2015). "Avala la Corte matrimonios entre personas del mismo sexo en Colima" (in Spanish). Proceso. Archived from the original on 18 January 2016. Retrieved 19 March 2015.
  7. ↑ Michel, Elena (18 March 2015). "Inconstitucional, diferenciar matrimonios en Colima: SCJN" (in Spanish). El Universal. Archived from the original on 2 April 2015. Retrieved 19 March 2015.
  8. ↑ Oscar Cervantes (21 March 2015). "Comité de Diversidad Sexual apoyará para que Enlaces Conyugales reciban acta de matrimonio - Colima Noticias". Colima Noticias. Archived from the original on 29 March 2016. Retrieved 26 May 2016.
  9. 1 2 "EL "ENLACE CONYUGAL" ESTABLECIDO EN COLIMA VULNERA DERECHO A LA IGUALDAD Y NO DISCRIMINACIÓN: PRIMERA SALA". Suprema Corte de Justicia de la Nación. 17 June 2015. Archived from the original on 18 June 2015. Retrieved 25 October 2015.
  10. 1 2 Anula Congreso Enlaces Conyugales Archived 12 August 2016 at the Wayback Machine
  11. 1 2 "DECRETO No. 103 Colima, Col., Sábado 11 de Junio del año 2016" (PDF). Archived (PDF) from the original on 29 March 2017. Retrieved 14 June 2016.
  12. ↑ "Colima abre las puertas al matrimonio gay". Animal Político. 21 March 2013. Archived from the original on 1 December 2018. Retrieved 26 May 2016.
  13. ↑ "Alcaldesa aprueba matrimonio gay en Colima amparada en la Constitución". cnn.com. 22 March 2013. Archived from the original on 4 March 2016. Retrieved 26 May 2016.
  14. ↑ Oscar Adrián Luna. "Celebran segundo matrimonio gay en Cuauhtémoc". Perriodismo. Archived from the original on 1 December 2018. Retrieved 26 May 2016.
  15. ↑ "Se realiza la tercera boda gay en Colima". Vanguardia. Archived from the original on 1 December 2018. Retrieved 26 May 2016.
  16. ↑ "Alcaldesa obliga a Colima a reconocer el matrimonio gay". Animal Politico (in Spanish). 21 March 2013. Archived from the original on 1 December 2018. Retrieved 10 October 2020.
  17. ↑ "Abogado oaxaqueño logra que se consume matrimonio gay en Colima". Proceso.com.mx. Archived from the original on 18 January 2016. Retrieved 7 January 2014.
  18. ↑ Briseño, Pedro Zamora (20 June 2013). "Inconstitucional, prohibición de matrimonios gay en Colima: Juzgado federal". Diario Avanzada. Archived from the original on 24 June 2013.
  19. ↑ (in Spanish) Aprueban reforma para celebrar matrimonios civiles gay en Colima Archived 19 October 2013 at the Wayback Machine
  20. ↑ (in Spanish) Colima deroga artículo que excluía a parejas gay del matrimonio Archived 31 December 2017 at the Wayback Machine
  21. ↑ "Presenta Paco Rodríguez propuesta para permitir las bodas gay en la entidad". cndigital.mx. Archived from the original on 4 March 2016.
  22. ↑ "Parejas del mismo sexo pueden adoptar en Colima: funcionario del DIF". Ángel Guardián. 14 June 2016. Archived from the original on 15 June 2016.
  23. ↑ Flores, Juan Carlos (25 May 2016). "Aprueba congreso matrimonios igualitarios y protestan grupos conservadores". Colima Noticias (in European Spanish). Archived from the original on 23 March 2019. Retrieved 26 May 2016.
  24. ↑ "Colima aprueba matrimonio igualitario". 26 May 2016. Archived from the original on 23 March 2019. Retrieved 26 May 2016.
  25. ↑ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 17 October 2020. Retrieved 3 February 2020.
  26. ↑ (in Spanish) Encuesta nacional 2017 Archived 19 September 2017 at the Wayback Machine , Gabinete de Comunicación Estratégica
  27. ↑ "¿Quién está en contra del matrimonio gay?". El Sol de México (in Spanish). 15 April 2019. Archived from the original on 16 April 2019. Retrieved 1 September 2019.

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