Same-sex marriage in Morelos

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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.

Contents

Background

Bills to legalize same-sex marriage and adoption by same-sex couples in Morelos were first proposed by the Labor Party (PT) in January 2010. [1] The proposal was opposed by the conservative National Action Party (PAN), and rejected in February 2010. [2] A subsequent proposal was also rejected in March 2013. [3] The Party of the Democratic Revolution (PRD) announced in July 2014 that a vote on a measure to legalize same-sex marriage would occur in September 2014. [4] On 19 September 2014, civil society organizations including the Marcha de la Diversidad Sexual en Morelos launched impeachment procedures against members of the Committee on Constitutional Issues for failure to follow article 54 of the Internal Regulations of Congress. The impeachment proceeding indicated that the same-sex marriage bill had been in committee for 20 months, but the committee is legally required to submit their recommendations on bills to Congress within 60 days. [5] [6]

On 28 August 2013, a same-sex couple, José Ricardo Almanza Luna and Heriberto Álvarez López, filed an amparo in court seeking the right to marry. [7] The amparo was granted by a judge of the Second District Court in January 2014, who ordered the civil registry office in Xochitepec to process the marriage application. The couple married on 17 May 2014. [8] In January 2014, another same-sex couple began the process and in July were granted an amparo to marry. [9] An appeal was filed, but after losing the appeal, [10] the registrar performed the marriage ceremony in the town of Ciudad Ayala on 6 September 2014. [11] Marquez Edgar Ortega, director of Atención a la Diversidad Sexual, announced at the wedding that six more amparos for same-sex marriage rights had been requested in Morelos. [12] On 29 October 2014, a lesbian couple from Cuernavaca were granted the right to divorce, after a court recognized their marriage. [13] [14]

The Mexican Supreme Court ruled on 12 June 2015 that state bans on same-sex marriage are unconstitutional nationwide under Articles 1 and 4 of the Constitution of Mexico. [lower-alpha 1] The court's ruling is considered a "jurisprudential thesis" and did not invalidate state laws, meaning that same-sex couples denied the right to wed 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.

Constitutional reform

Map showing how each municipality voted on the 2016 constitutional amendment .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Yes No Abstain (validated as "Yes") Municipalities of Morelos, same-sex marriage vote 2016.svg
Map showing how each municipality voted on the 2016 constitutional amendment
  Yes
  No
  Abstain (validated as "Yes")

On 27 July 2015, Governor Graco Ramírez introduced legislation to Congress to legalize same-sex marriages. [16] [17] Governor Ramírez's proposal was to reform article 120 of the Constitution of Morelos and articles 22, 65 and 68 of the Family Code to bring them into line with the jurisprudence set forth by the Mexican Supreme Court on 12 June 2015, when it ruled that bans on same-sex marriage are unconstitutional nationwide. [18]

On 18 May 2016, the Congress of Morelos voted 20 to 6 to approve the constitutional change to legalize same-sex marriage. Governor Ramírez welcomed the approval of the bill. [19] [20] Ratification by at least 17 of the state's 33 municipalities was required for the constitutional amendment to take effect. [21] The municipalities had until 25 June 2016 to act on the constitutional change. [22] If they did not act by that date, they were regarded as having consented to the amendment (so-called "constructive assent", afirmativa ficta). [23] At the end of the process, a total of 17 municipalities had ratified the constitutional change and 15 had voted against ratification, while 1 municipality was awarded an extra week, although the clear majority being in favor meant that same-sex marriage would become legal in the state. [24] [25] The municipalities which voted in favor of the reform were Cuautla, Emiliano Zapata, Huitzilac, Jantetelco, Jiutepec, Puente de Ixtla, Temixco, Tetecala, Tlaquiltenango, Totolapan, Yautepec de Zaragoza and Yecapixtla. Additionally, the municipalities of Axochiapan, Cuernavaca, Mazatepec, Tepalcingo and Tlayacapan did not vote and as such were regarded as having assented to the amendment. The remaining municipalities voted against the change. [26] The law was promulgated and published in the state's official gazette on 4 July 2016. [27] It took effect on 5 July. [28] The state adoption agency clarified that the law allows same-sex couples to adopt jointly; the adoption process is open to all spouses in Morelos. [29]

On 29 August 2016, 17 municipalities filed a constitutional challenge with the Mexican Supreme Court to reverse the same-sex marriage reform. They argued that the Congress of Morelos had "acted illegally" when it validated the reform. Officials in two municipalities (Mazatepec and Tepalcingo) said that their vote was regarded as a "constructive assent", even though they had reportedly voted against. [30] The Supreme Court dismissed the challenge on 8 September 2016. [31]

Article 120 of the Constitution of Morelos now reads:

Political party MembersYesNoAbstainAbsent
PRD logo without border (Mexico).svg Party of the Democratic Revolution 88
PRI Party (Mexico).svg Institutional Revolutionary Party 642
PAN (Mexico).svg National Action Party 55
PNA Party (Mexico).svg New Alliance Party 321
PVE Party (Mexico).svg Ecologist Green Party 211
Worker's Party logo (Mexico).svg Labor Party 11
Movimiento Ciudadano.svg Citizens' Movement 11
Morena Party (Mexico).png National Regeneration Movement 11
PSD Morelos.png Social Democratic Party11
Partido Encuentro Social (Mexico).svg Social Encounter Party 11
Humanista Party (Mexico).svg Humanist Party 11
Total3020604

Marriage statistics

The following table shows the number of same-sex marriages performed in Morelos since legalization in 2016 as reported by the National Institute of Statistics and Geography. [32]

Number of marriages performed in Morelos
YearSame-sexOpposite-sexTotal % same-sex
FemaleMaleTotal
20162022428,1138,1550.52%
20173538738,1328,2050.89%
201890541447,6917,8351.84%
201974471217,2117,3321.65%
202076471235,9296,0522.03%
202188621506,9607,1102.11%

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 51% of Morelos residents supported same-sex marriage, while 45% were opposed. [33]

According to a 2018 survey by the National Institute of Statistics and Geography, 38.5% of the Morelos public opposed same-sex marriage. [34]

See also

Notes

  1. ↑ Article 4 states: "Man and woman are equal under the law. The law shall protect the organization and development of the family." In Spanish, the text of Article 4 reads: El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia. In Nahuatl, it reads: Se tlakatl uan se siuatl nochi sansemej ipan tlanauatilistli. Inin kin manauis nejchikolis uan iueixka iuikaluan. [15]

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 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. 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 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 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 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 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 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 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.

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. ↑ José Luis Garcitapia & Dulce Maya (22 January 2010). "Iniciativa del PT a favor de los matrimonios gay" (in Spanish). La Jornada Morelos. Archived from the original on 29 January 2010. Retrieved 23 January 2010.
  2. ↑ "Los gobiernos de Jalisco y Morelos se unen contra los matrimonios gay". cnn.com. 16 February 2010. Archived from the original on 27 August 2014.
  3. ↑ "Por el "orden natural", PAN rechaza matrimonio igualitario en Morelos". SDPnoticias.com. Archived from the original on 2016-01-18. Retrieved 2016-06-28.
  4. ↑ "Retomarán el tema del matrimonio igualitario en Morelos". 2014-07-21. Archived from the original on 2014-12-21. Retrieved 2015-10-19.
  5. ↑ "Demandan juicio político contra la Comisión de Puntos Constitucionales". oem.com.mx. Archived from the original on 2016-03-04. Retrieved 2016-06-28.
  6. ↑ Ana Lilia Mata. "Piden juicio político para diputados por no apoyar matrimonio gay". Archived from the original on 2014-10-01. Retrieved 2015-10-19.
  7. ↑ El Regional del Sur. "El Regional". elregional.com.mx. Archived from the original on 2018-05-23. Retrieved 2016-06-28.
  8. ↑ "Noticias - Primera boda gay en Xochi - Diario de Morelos". Diario de Morelos. Archived from the original on 2017-05-28. Retrieved 2016-06-28.
  9. ↑ "Sí habrá boda gay en Ayala". Diario De Morelos. 16 July 2014. Archived from the original on 7 July 2018. Retrieved 28 June 2016.
  10. ↑ Job Olivares Estrada. "El sábado, la primera boda entre personas del mismo sexo en la región oriente". Archived from the original on 2014-09-03. Retrieved 2015-10-19.
  11. ↑ Tlaulli Rocio Preciado Bahena. "Hoy, la primera boda por el civil entre hombres en Morelos". Archived from the original on 2014-09-06. Retrieved 2015-10-19.
  12. ↑ "Se casan dos hombres, tras ganar un amparo en Morelos". zocalo.com.mx. Archived from the original on 2018-12-01. Retrieved 2016-06-28.
  13. ↑ "Pareja del mismo sexo se casa en Cuernavaca bajo amparo". aztecanoticias.com.mx. Archived from the original on 2018-12-01. Retrieved 2016-06-28.
  14. ↑ "Avala Barud que se legisle sobre los matrimonios gay". Archived from the original on 2015-02-27. Retrieved 2016-06-28.
  15. ↑ "Tlanejneuilyotl Tlen Sentikmaseualmej, Se Tekpanali: Sesenkatsitsij Tepanitali, Nauitipaj tlaijtoli". INALI. Retrieved 10 September 2022.
  16. ↑ "Gobernador de Morelos presenta "Ley para Matrimonios Igualitarios" ante el Congreso" (in Spanish). Mexico: SDP Noticias. 27 July 2015. Archived from the original on 7 July 2018. Retrieved 28 July 2015.
  17. ↑ "Tras resolución de la Corte, gobernador de Morelos presenta ley a favor del matrimonio igualitario" (in Spanish). Mexico: Animal Político. 27 July 2015. Archived from the original on 24 December 2018. Retrieved 28 July 2015.
  18. ↑ "Firman iniciativa para matrimonios igualitarios en Morelos" (in Spanish). Morelos, Mexico: La Unión. 27 July 2015. Archived from the original on 3 February 2019. Retrieved 28 July 2015.
  19. ↑ "Aprueba Morelos matrimonio igualitario". Archived from the original on 2018-07-04. Retrieved 2016-06-28.
  20. ↑ "Mexico: Morelos Approves Same-Sex Marriage Bill". 18 May 2016. Archived from the original on 2019-03-23. Retrieved 2016-06-28.
  21. ↑ NTCD (July 2016). "Firma Graco Ramirez reforma constitucional de matrimonio entre personas del mismo sexo". NTCD. Archived from the original on 2018-09-19. Retrieved 2018-09-18. Morelos takes a fundamental step in the construction of a society of rights
  22. ↑ ""Cuau" suspende cabildo por protesta contra matrimonio igualitario". 16 June 2016. Archived from the original on 2019-03-23. Retrieved 2016-06-28.
  23. ↑ "Pide Edwin Brito a cabildos votar sin prejuicios sobre matrimonio igualitario". La Unión de Morelos. 4 June 2016. Archived from the original on 18 September 2018. Retrieved 28 June 2016.
  24. ↑ "Emite Congreso declaratoria de validez de reforma constitucional que permitirá el matrimonio igualitario en Morelos". Archived from the original on 2019-03-23. Retrieved 2016-07-05.
  25. ↑ "Anuncian diputados que municipios aprobaron matrimonio igualitario en Morelos". Zona Centro Noticias. 28 June 2016. Archived from the original on 28 June 2016.
  26. ↑ "Congreso de Morelos emite declaratoria que valida matrimonios gay". Archived from the original on 2018-09-18. Retrieved 2016-09-16.
  27. ↑ (in Spanish) Morelos promulga Matrimonio Igualitario Archived 2019-03-23 at the Wayback Machine
  28. ↑ (in Spanish) PERIÓDICO OFICIAL “TIERRA Y LIBERTAD” 04 de julio de 2016 Archived 2016-10-09 at the Wayback Machine
  29. ↑ (in Spanish) Abren adopciones a matrimonios gay Archived 2019-03-23 at the Wayback Machine
  30. ↑ "Municipios van contra matrimonios igualitarios". Archived from the original on 2016-09-17. Retrieved 2016-09-16.
  31. ↑ "Suprema Corte SCJN avala la Ley del ICTSGEM y el matrimonio igualitario". Archived from the original on 2016-10-08. Retrieved 2016-09-16.
  32. ↑ "Matrimonios, Entidad y municipio de registro, Sexo, Sexo". INEGI (in Spanish). Archived from the original on 2020-10-17. Retrieved 2020-02-02.
  33. ↑ (in Spanish) Encuesta nacional 2017 Archived 2017-09-19 at the Wayback Machine , Gabinete de Comunicación Estratégica
  34. ↑ "¿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 31 August 2019.
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