Same-sex marriage in Hidalgo

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

Contents

Background

The Supreme Court of Justice of the Nation ruled on 12 June 2015 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. Specifically, the court ruled that bans on same-sex marriage violate Articles 1 and 4 of the Constitution of Mexico. Article 1 of the Constitution states that "any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religion, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited", and Article 4 relates to matrimonial equality, stating that "man and woman are equal under the law. The law shall protect the organization and development of the family." [a]

Due to the lack of legislative action, a collective amparo for six same-sex couples was filed with the Third District Court on 8 August 2014 to contest the constitutionality of articles 8, 11 and 143 of the Family Code. [3] Article 8 described marriage as a "social and permanent institution between a man and a woman", and article 143 similarly defined concubinage as "between a man and a woman". Article 11 characterized marriage as an institution whose goal was "perpetuating the species". Almost two years later, in September 2016, the First Chamber of the Mexican Supreme Court declared that the articles violated the Constitution of Mexico, and gave the plaintiff couples the right to marry. [4] Another amparo contesting the constitutionality of the three articles was filed in December 2014. [5] In October 2016, Yolanda Molina Reyes, the state coordinator of Equal Marriage Mexico (Matrimonio Igualitario México), said that within the past two years three separate amparos against the state had been filed, all of which had been successful in the courts. The first same-sex wedding in the state occurred in Pachuca on 8 October 2016. [6] By August 2017, 8 amparos for same-sex marriages had been granted in Hidalgo. [7]

Legislative action

As Mexico City and Coahuila had recently legalized civil unions, a similar measure was proposed in Hidalgo in July 2007. [8] However, it stalled in the Congress of Hidalgo as well as in successive legislative sessions. [9] In October 2013, Congress indicated that there was not sufficient "maturity" in society to accept same-sex marriage and that it would instead consider a bill to recognize same-sex cohabitation, [10] but eventually no such partnership bill was approved by Congress.

The July 2018 general elections resulted in the National Regeneration Movement (MORENA), whose party platform included support for same-sex marriage, winning the majority of legislative seats in Congress. In October 2018, a same-sex marriage bill was introduced to Congress by Deputy Areli Rubí Miranda Ayala from the Party of the Democratic Revolution (PRD). [11] It was approved on 14 May 2019 in a vote of 18–2 with 8 abstentions. [12] Governor Omar Fayad signed the bill into law on 24 May. It was published in the official state journal on 10 June 2019 and took effect the following day. [13] The law ensures 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, and adoption rights, among others. [14] The first same-sex couple to marry in Hidalgo under the new law were two women in Tulancingo on 17 June 2019. [15] Article 8 of the Family Code now reads as follows:

(Marriage is a social and permanent institution, in which the legal union of two people is established, who, with equal rights and obligations, seek respect, equality and mutual aid, the birth and stability of a family and the realization of a full and responsible community of life.)
Political party [16] [17] MembersYesNoAbstainAbsent
Morena Party (Mexico).png National Regeneration Movement 171511
PRI Party (Mexico).svg Institutional Revolutionary Party 55
PAN (Mexico).svg National Action Party 321
Partido Encuentro Social (Mexico).svg Social Encounter Party 22
Worker's Party logo (Mexico).svg Labor Party 11
PRD logo without border (Mexico).svg Party of the Democratic Revolution 11
PNA Party (Mexico).svg New Alliance Party 11
Total3018282

Marriage statistics

The National Institute of Statistics and Geography reported that 71 same-sex marriages had been performed in Hidalgo in 2019, representing 0.78% of marriages. [18]

The first same-sex marriage in Tlahuelilpan took place in October 2022. [19] By the end of 2023, 15 same-sex couples had married in Tulancingo. [20]

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 51% of Hidalgo residents supported same-sex marriage, while 46% were opposed. [21] According to a 2018 survey by the National Institute of Statistics and Geography, 42% of the Hidalgo public opposed same-sex marriage. [22]

See also

Notes

  1. ↑ In some official and indigenous languages of Hidalgo:
    • in Spanish: El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
    • in Otomi: Ra ñ’o̱ho ne ra be̱hñä rangutho di ge ra hmända. Nuna mädi ra mutsi ne ra te nuya mengu. [1]
    • in Nahuatl: Se tlakatl uan se siuatl nochi sansemej ipan tlanauatilistli. Inin kin manauis nejchikolis uan iueixka iuikaluan. [2]

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in Mexico</span>

Same-sex marriage is legally recognized and performed throughout Mexico since 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. Mexico was the fifth country in North America and the 33rd worldwide to allow same-sex couples to marry nationwide.

Same-sex marriage has been legal in Oaxaca since 5 October 2019. A landmark 2012 Supreme Court order for Oaxaca established the right to marriage by amparo across Mexico. In August 2019, the Congress of Oaxaca passed legislation amending various articles of the Civil Code to recognise same-sex marriages. The law went into force on 5 October. Previously, same-sex couples could marry in the state from August 2018 but required additional red tape compared to opposite-sex partners.

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. The gubernatorial policy was continued by María Eugenia Campos Galván in 2021.

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 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 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 Querétaro since 13 November 2021. On 22 September 2021, the Legislature of Querétaro passed a law legalizing same-sex marriage. 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 in accordance with a ruling from the Supreme Court of Justice of the Nation issued 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 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 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 San Luis Potosí since 21 May 2019. The Congress of San Luis Potosí 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.

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 had 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. However, as a new governor took office, the directive expired on 26 September 2024, possibly meaning that same-sex couples can only marry through an injunction, as it was before the decree was issued.

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.

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. The Congress of Durango passed same-sex marriage legislation three days later.

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. It was published in the official state journal on 18 November, and took effect the following day. Tamaulipas was the second-to-last Mexican state to legalize same-sex marriage.

References

  1. ↑ "Ndäthot'i, hñäsümpo̱te xe̲ni hnini ga̱tho m'onda̱" (PDF). INALI. Archived (PDF) from the original on 2022-02-14. Retrieved 2022-02-12.
  2. ↑ "Tlanejneuilyotl Tlen Sentikmaseualmej" (PDF). INALI (in Nahuatl). Archived from the original (PDF) on 13 June 2010. Retrieved 15 September 2024.
  3. ↑ Gisselle Acevedo. "Se amparan en Hidalgo para realizar bodas gay". Milenio. Archived from the original on 2017-10-13. Retrieved 2019-05-17.
  4. ↑ (in Spanish) SCJN avala matrimonios gay en Nuevo León, Hidalgo y Chiapas Archived 2019-01-30 at the Wayback Machine
  5. ↑ "Parejas del mismo sexo en Hidalgo presentarán amparo contra ley familiar". Quadratin Hidalgo (in Spanish). 13 December 2014. Archived from the original on 18 June 2022. Retrieved 17 October 2020.
  6. ↑ (in Spanish) CELEBRAN LA PRIMERA BODA GAY EN HIDALGO Archived 2019-03-23 at the Wayback Machine
  7. ↑ (in Spanish) Planean estrategia a favor del matrimonio gay en Hidalgo Archived 2019-03-23 at the Wayback Machine
  8. ↑ "Presentan iniciativa de Ley de Sociedades de Convivencia para Hidalgo". desdeabajo.org.mx. Archived from the original on 2019-03-23. Retrieved 2019-05-17.
  9. ↑ "El Universal – – Hidalgo no legislar bodas gay". eluniversal.com.mx. 19 June 2013. Archived from the original on 3 September 2014. Retrieved 17 May 2019.
  10. ↑ "Matrimonios gay dependen de "madurez" – Criterio – Hidalgo". criteriohidalgo.com. Archived from the original on 30 August 2014.
  11. ↑ (in Spanish) Buscan aprobar matrimonio igualitario en Hidalgo Archived 2019-03-29 at the Wayback Machine
  12. ↑ "Reconocen matrimonio igualitario". El Universal (in Spanish). 15 May 2019. Archived from the original on 17 May 2019. Retrieved 17 May 2019.
  13. ↑ "Periódico Oficial Ordinario 0 del 10 de junio de 2019" (in Spanish). Periódico Oficial del Estado de Hidalgo. Archived from the original on 23 December 2019. Retrieved 10 June 2019.
  14. ↑ "A partir de hoy Matrimonio Igualitario es oficial". desdeabajo.mx (in Spanish). 10 June 2019. Archived from the original on 17 June 2019. Retrieved 11 June 2019.
  15. ↑ "Realizan en Tulancingo el primer matrimonio igualitario". NQ Radio (in Spanish). 18 June 2019.
  16. ↑ "Aprueban matrimonio igualitario en Hidalgo". Forbes (in Spanish). 14 May 2019. Archived from the original on 19 June 2019. Retrieved 18 May 2019.
  17. ↑ "Aprueban matrimonio igualitario en Hidalgo". La Jornada (in Spanish). 14 May 2019. Archived from the original on 18 May 2019. Retrieved 18 May 2019.
  18. ↑ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2020-10-17.
  19. ↑ "Realizan primer matrimonio igualitario de 2022 en Tlahuelilpan; ¡amor es amor!". Milenio (in Spanish). 26 October 2022.
  20. ↑ Islas Hace, Antonieta (8 February 2024). "En 3 años, Tulancingo suma 15 matrimonios igualitarios". Criterio (in Spanish).
  21. ↑ (in Spanish) Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine , Gabinete de Comunicación Estratégica
  22. ↑ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 2019-04-16 at the Wayback Machine
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