Same-sex marriage in Durango

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Same-sex marriage has been legal in Durango since 19 September 2022 in accordance with an executive order issued by Governor Esteban Villegas Villarreal the previous day, addressed to officials of the state civil registry that same-sex couples can marry in the state. [1] The Congress of Durango passed same-sex marriage legislation three days later.

Contents

Background

On 12 June 2015, the Supreme Court of Justice of the Nation ruled that state bans on same-sex marriage are unconstitutional nationwide. The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to marry would still have to seek individual amparos in court. The ruling standardized the procedures for judges and courts throughout Mexico to approve all applications for same-sex marriages and made the approval mandatory. The court based its decision on Article 4 of the Constitution of Mexico, which respects matrimonial equality, [2] stating that "Man and woman are equal under the law. The law shall protect the organization and development of the family."

The first same-sex marriage in Durango was performed in December 2013 for a same-sex couple, who chose to remain anonymous, in Durango City after obtaining an amparo from the Supreme Court. [3] On 13 November 2014, it was announced that 18 people had filed an amparo for same-sex marriage rights in the state. [4] Oral arguments were scheduled for 27 November 2014. [5] Representatives from the Congress of Durango argued against the amparo in court, stating that challenges to provisions of the Civil Code had to be made within 30 days of enactment, thus the plaintiffs were "66 years too late". [6] [7] In April 2015, the 18 couples hit another setback when the state claimed they could not seek an amparo because they were not residents of the state. The couples reiterated their intention to take their case to the Supreme Court if needed. [8] 51 same-sex couples had married via the recurso de amparo remedy by September 2022. [9]

Legislative action

In September 2013, Deputy Israel Soto Peña from the Party of the Democratic Revolution introduced a bill to the Congress of Durango to legalize same-sex marriage. On 10 April 2014, the bill was rejected on the basis that it would not sufficiently address the legal changes necessary to amend the Civil Code. [10] In May, Soto Peña announced that he would revamp the measure and resubmit it, [11] which he did on 1 November 2014. [12] On 10 February 2016, the Justice Commission of the Congress of Durango approved the draft bill. [13] However, the bill's plenary discussion was postponed for 6 months to organize discussions on the matter and to inform legislators on the subject before a vote. [14] On 31 January 2017, Congress rejected the bill in a 4–15 vote with 4 abstentions. The four deputies in favor were members of the PRD and the conservative National Action Party (PAN), while those opposed were mostly members of the Institutional Revolutionary Party (PRI). [15] The July 2018 elections resulted in the National Revolutionary Movement (MORENA), PRD and the Labor Party (PT), which expressed support for same-sex marriage in their party platforms, winning the majority of legislative seats in Durango. [16]

In July 2022 a federal judge ordered the Congress of Durango to consider a same-sex-marriage bill in its next legislative session. The ruling did not require a particular vote but required legislators to go on record as to whether they would vote to legalize same-sex marriage in accordance with Supreme Court jurisprudence. [17] The court set its deadline until 1 September 2022. For the following two months, members of Congress delayed discussions on the bill and postponed votes several times. On 21 September 2022, only three days after Governor Villegas Villarreal issued an executive decree legalizing same-sex marriage in Durango, Congress voted 15–9 to pass a bill codifying the right to same-sex marriage in the Civil Code and amending non-discrimination laws to include sexual orientation. [18] The bill was published in the official journal on 9 October 2022, and took effect the following day. [19]

Article 141 of the Civil Code was amended to read:

Political party MembersYesNoAbstain
PRI Party (Mexico).svg Institutional Revolutionary Party 8521
Morena Party (Mexico).png National Regeneration Movement 77
PAN (Mexico).svg National Action Party 66
PRD logo without border (Mexico).svg Party of the Democratic Revolution 22
Worker's Party logo (Mexico).svg Labor Party 11
PVE Party (Mexico).svg Ecologist Green Party of Mexico 11
Total251591

Executive decree (2022)

On 18 September 2022, Governor Esteban Villegas Villarreal, in office for only three days, published an executive order legalizing same-sex marriage in Durango. [20] The decree was signed by the Secretary of General of Government, Héctor Vela Valenzuela, published in the state's official journal, and took effect the following day, 19 September 2022. It instructed officials of the state civil registry to issue marriage licenses to same-sex couples, to perform marriage ceremonies for all couples without discrimination, and removed the requirement of couples to obtain a judicial amparo. [9] Villegas Villarreal cited similar decrees in other states, including in Chihuahua in 2015, Baja California in 2017, and Guanajuato in 2021.

Public opinion

According to a 2018 survey by the National Institute of Statistics and Geography, 39% of the Durango public opposed same-sex marriage. [21]

See also

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in Mexico</span> Overview of the status of same-sex marriage in Mexico

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 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 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 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 Chiapas in accordance with a Supreme Court ruling issued on 11 July 2017 that the ban on same-sex marriage violated the equality and non-discrimination provisions of Articles 1 and 4 of the Constitution of Mexico. The ruling, published in the Official Journal of the Federation on 11 May 2018, legalized same-sex marriage in the state of Chiapas.

Same-sex marriage has been legal in Morelos since 5 July 2016. A bill to amend the State Constitution to legalize same-sex marriage in Morelos passed Congress on 18 May 2016 by 20 votes to 6. Ratification by a majority of the state's 33 municipalities was confirmed on 27 June 2016. The law was published in the official state gazette on 4 July 2016 and took effect the following day.

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 has been legal in Tlaxcala since 25 December 2020. Legislation to legalise same-sex marriage passed the Congress of Tlaxcala on 8 December 2020 by a vote of 16–3, and came into force on 25 December. Tlaxcala has also recognised civil unions, which grant several of the rights and benefits of marriage, for both opposite-sex and same-sex couples since 12 January 2017.

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 has been legal in Zacatecas since 30 December 2021. On 14 December 2021, the Congress of Zacatecas passed a same-sex marriage bill by 18 votes to 10. The legislation was published in the official state gazette on 29 December, and came into force the following day. Prior to statewide legalisation, five municipalities of Zacatecas issued marriage licenses to same-sex couples despite a state ban, comprising about a quarter of the state population. These five municipalities were Zacatecas City, Cuauhtémoc, Villanueva, Miguel Auza and Fresnillo.

Same-sex marriage has been legal in Hidalgo since 11 June 2019. A bill for the legalization of same-sex marriages in Hidalgo was approved by the state Congress on 14 May 2019. It was published in the official state journal on 10 June and took effect the following day.

Same-sex marriage has been legal in San Luis Potosí since 21 May 2019. The state Congress approved a bill to legalize same-sex marriage on 16 May 2019. It was signed into law by Governor Juan Manuel Carreras on 17 May and published in the official state journal on 20 May. The law took effect the following day, legalizing same-sex marriage in San Luis Potosí.

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 the State of Mexico since 2 November 2022. On 11 October 2022, the Congress of the State of Mexico voted 50–16 with seven abstentions to pass a bill legalizing same-sex marriage. It was published on 1 November 2022, and took effect the next day. The State of Mexico was the third-to-last state in Mexico to provide for same-sex marriage.

Same-sex marriage has been legal in Tamaulipas since 19 November 2022. On 26 October 2022, the Congress of Tamaulipas passed a bill to legalize same-sex marriage in a 23–12 vote. The bill was published in the official state journal on 18 November, and took effect the following day. Tamaulipas was the second-to-last state in Mexico to legalize same-sex marriage.

References

  1. ↑ "Durango. Aprueban matrimonio igualitario". Grupo Milenio (in Mexican Spanish). Archived from the original on 2022-09-19. Retrieved 2022-09-19.
  2. ↑ "Mexico's Constitution of 1917 with Amendments through 2015" (PDF). www.constituteproject.org. Archived (PDF) from the original on 2022-03-06. Retrieved 2022-02-12.
  3. ↑ "Se celebra en Durango la primera boda gay". contextodedurango.com.mx. Periódico Contexto de Durango. Archived from the original on 20 December 2014.
  4. ↑ "Se amparan 18 personas contra el Congreso para que se permitan uniones personas del mismo sexo". Departamento de Programación de Canal 10. 13 November 2014. Archived from the original on 29 November 2014. Retrieved 25 October 2015.
  5. ↑ Silvia Ayala. "Durango se une contra las leyes "homofóbicas"". Milenio. Archived from the original on 2017-10-21. Retrieved 2022-09-22.
  6. ↑ "Ahora Diario – Rechazan amparo de matrimonio igualitario con "Argumentos homófogos": Comunidad Gay". Ahora Diario. Archived from the original on 2014-12-04. Retrieved 2022-09-22.
  7. ↑ "Responden a amparo de comunidad gay". elsiglodedurango.com.mx. 28 November 2014. Archived from the original on 23 March 2019. Retrieved 22 September 2022.
  8. ↑ "Resuelven en contra del matrimonio igualitario en Durango". Noticieros Garza Limon. Archived from the original on 12 April 2015. Retrieved 4 April 2015.
  9. 1 2 "Matrimonio igualitario en Durango ya es oficial: personas del mismo sexo podrán casarse sin necesidad de amparos". Infobae (in Spanish). 19 September 2022. Archived from the original on 22 September 2022. Retrieved 22 September 2022.
  10. ↑ ""No acepto"; dicen legisladores de Durango al matrimonio gay". SDPnoticias.com. Archived from the original on 2019-03-23. Retrieved 2022-09-22.
  11. ↑ Silvia Ayala. "'Sin fondo' iniciativa para matrimonios gay en Durango". Milenio. Archived from the original on 2016-08-05. Retrieved 2022-09-22.
  12. ↑ "Promoverán matrimonios igualitarios en Durango". elsiglodetorreon.com.mx. Archived from the original on 2014-11-03. Retrieved 2022-09-22.
  13. ↑ "Aprueban en comisiones la legalización del matrimonio gay en Durango". Archived from the original on 2019-03-23. Retrieved 2022-09-22.
  14. ↑ "Aplazan 6 meses tema de matrimonios gay". El Siglo. 24 February 2016. Archived from the original on 23 March 2019. Retrieved 22 September 2022.
  15. ↑ "Rechazan ley de matrimonio igualitario en Durango". 1 February 2017. Archived from the original on 7 February 2017.
  16. ↑ "Impulsarán en Durango iniciativa para matrimonio y adopción en parejas homosexuales". 3 October 2018. Archived from the original on 5 October 2018. Retrieved 22 September 2022.
  17. ↑ Ordena Juez Federal al Congreso del Estado subir a pleno la iniciativa matrimonio igualitario Archived 2022-09-22 at the Wayback Machine , Victoria 2022 July 12
  18. ↑ Durango, El Siglo de (2022-09-21). "Congreso de Durango aprueba el matrimonio igualitario". www.elsiglodedurango.com.mx (in Spanish). Archived from the original on 2022-09-21. Retrieved 2022-09-21.
  19. ↑ "Por el que se adiciona un segundo párrafo al artículo 141 y se deroga el artículo 142, ambos del Código Civil del Estado de Durango" (PDF). Periódico Oficial del Estado de Durango (in Spanish). p. 17.
  20. ↑ "Por decreto, aprueban matrimonio igualitario en Durango". Milenio (in Spanish). 18 September 2022. Archived from the original on 22 September 2022. Retrieved 22 September 2022.
  21. ↑ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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