Same-sex marriage in Oaxaca

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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.

Contents

In August 2011, three same-sex couples, four women and two men, applied to marry in Oaxaca City but were rejected by city officials. [1] They sought an amparo , but it was denied on 31 January. The couples appealed the judgment to the Collegiate Courts in Civil and Administrative Matters for Oaxaca. [1] On 9 April 2012, one of the lesbian couples was granted permission by a judge to marry, thus becoming the first approval for same-sex marriage in the state. The case was appealed. On 5 December 2012, the three couples won their appeal from the Mexican Supreme Court, [1] but local officials refused to perform the marriages. The case returned to the Supreme Court and an additional ruling in favor of the couples was issued. The first lesbian couple received authorization to marry from the civil registry on 25 February 2013. [1] They were the first same-sex couple to marry in Oaxaca, on 22 March 2013. [1] [2] The male couple received notice of their authorization on 3 June 2013, [1] and the third couple two days later. [3]

On 26 August 2012, a Mexican federal judge ordered the state of Oaxaca to perform same-sex marriages based on the Constitution of Mexico which bans discrimination on the grounds of sexual orientation. This ruling and two others were reviewed by the Mexican Supreme Court, which issued unanimous rulings on 5 December 2012, overturning the ban on same-sex marriage in three individual cases. [4] To establish precedent, however, five individual cases must be decided this way. [5] The 2012 Oaxaca case was pivotal in opening the door to legal same-sex marriage in every state in Mexico through the recurso de amparo remedy. Using international decisions, including Atala Riffo and Daughters v. Chile , [6] the U.S. cases of Loving v. Virginia and Brown v. Board of Education , [7] and Mexico's own anti-discrimination laws, the Supreme Court ruled on 5 December 2012 that laws limiting marriage to one man and one woman, or for the purposes of perpetuating the species, violate federal law requiring that they "correspond to all persons without any distinction", and that such laws are unconstitutional on the basis of discrimination by sexual orientation and usurpation of the right, not only of the individual but also the couple's right, to form a family. [8] The court based its ruling on 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." [lower-alpha 1] Barring legislative will to change state laws, a provision of Mexican law allows that five rulings in a state with the same outcome on the same issue override a statute and establish the legal jurisprudence to overturn it. [9] Thus, marriages obtained by amparo can be performed in any state, regardless of whether the state civil code has been changed. [10]

On 23 April 2014, the Mexican Supreme Court ruled on another amparo, granting 39 same-sex couples the right to marry. [11] A couple from San Juan Bautista Tuxtepec won an amparo for same-sex marriage in 2016. [12] In July 2017, a same-sex couple from Oaxaca City was successful in getting married without receiving an amparo. [13] The first same-sex marriage in Santiago Jamiltepec took place in April 2018, [14] and Salina Cruz's first same-sex marriage was performed for a lesbian couple the following month. [15] Both marriages were performed after the couples had successfully requested an amparo in court.

Administrative process

On 26 August 2018, the Oaxaca civil registry began allowing same-sex couples to marry without the need of their first obtaining an amparo. However, the process took three business days compared to two hours for opposite-sex couples. [16] [17] [18] [19] Lawyer Daniel Merlin Tolentino explained that the difference of waiting time between heterosexual and same-sex couples was to "ensure the marriage would comply with jurisprudence". The civil registry would "carefully" consider and analyse each marriage request from same-sex couples to ensure its legitimacy, as state law at the time still banned same-sex marriages. To marry, a couple must present valid documents, including a marriage request, both spouses' birth certificates and official documents and the results of a premarital medical test, as well as have at least 4 witnesses present. The cost was identical to heterosexual couples.

Legislative action

On 28 August 2019, the Congress of Oaxaca passed a bill in a 25–10 vote to make the definition of marriage and concubinage in the Civil Code gender-neutral. [20] [21] [22] The legislation was signed by Governor Alejandro Murat Hinojosa on 29 August, published in the official state journal on 5 October 2019 and came into effect that same day. [23] Article 143 of the Civil Code was amended to read:

Political party MembersYesNoAbstainAbsent
Morena Party (Mexico).png National Regeneration Movement 2617342
PRI Party (Mexico).svg Institutional Revolutionary Party 642
Worker's Party logo (Mexico).svg Labor Party 33
PVE Party (Mexico).svg Ecologist Green Party 22
BLANK ICON.png Mujeres Independientes211
Partido Encuentro Social (Mexico).svg Social Encounter Party 22
PAN (Mexico).svg National Action Party 11
Total42251043

Marriage statistics

The civil registry of Oaxaca announced in October 2022 that 24 same-sex marriages had been performed in the state in 2021. [24]

Public opinion

A 2017 opinion poll conducted by Gabinete de Comunicación Estratégica found that 43% of Oaxaca residents supported same-sex marriage, while 55% were opposed. [25]

According to a 2018 survey by the National Institute of Statistics and Geography, 52% of the Oaxaca public opposed same-sex marriage. [26]

A 2020 survey conducted by the Center for Social Studies and Public Opinion (CESOP) on 1,400 respondents showed that 62% of Oaxacans were opposed to same-sex marriage, while 37% supported and the remaining 1% were undecided. Levels of support varied greatly with age; it was highest among 18–24-year-olds at 61% and 25–34-year-olds at 50%, while among those aged 55 and above 78% were opposed. Attitudes also varied among districts; with support highest in the 8th electoral district (which includes the state capital, Oaxaca City) at 59%, followed by the 6th electoral district (located in the western part of the state, containing municipalities from the Mixteca and Sierra Sur regions) at 58%. Opposition reached 90% in the 5th and 7th electoral districts in the eastern part of the state (containing the entirety of the Istmo Region). Women were also more likely to support same-sex marriage than men. [27]

See also

Notes

  1. ↑ In Spanish: El varón y la mujer son iguales ante la ley. Esta protegerá la organización y el desarrollo de la familia.
    In Mixtec: Ndihi ñivi iyo cha cuiti cha cua cachi ñi cha cua savaha cha vaha chi ñi chi iqui cuñu ñi, ta cha vaha iyo chi cha cua cuu chi.
    In Zapotec: Casi na gui'chi' bia' ro' ri' la?, guirá' gunaa ne nguiu napa xi guizaca' biaca biaca. Ne laaca laani nga gusiroobani, ne gutagulisaani xquenda biaani binni ti guibani ca jneza.
    In Mazatec: Jè xi̱ta̱ 'xi̱n ko̱ jè chjo̱ón ta ngásón chjí la̱ ra a̱'ta 'tse̱ kjoa̱téxoma. Jè kjoa̱téxoma si̱ikonda̱ ní nga mi ki mé katama la̱ koni 'sín nga si̱íxájtín ko̱ nga ma katamiìjin ra jngo ni'ya xi̱ta̱.
    In Chinantec: Jo̱ røøbˋ cǿøngˋ jaléngꞌˋ dseamɨ́ˋ jo̱guɨ dseañʉꞌˋ fɨˊ quiniˇ jaleꞌ júuˆ quiʉꞌˊ ta˜. Jo̱ e júuˆ e lɨ́ˋ la, íingˆ ta˜ e laco̱ꞌ nilɨseengˋ dseaˋ sɨnʉʉˆ quiáꞌrˉ jo̱guɨ cajo̱ e laco̱ɨ niguiárˉ guiʉ̱́ˉ jial nilɨseiiñˋ colɨɨng˜.
    In Mixe: A ëda ley je'e nëwa'an guwa'anaamp jadu'un ja tu' jëën tu' tëjkpë ajxy oy jyak'yeegët.
    In Zoque: Amkimkuy maka kiotsøwe te' pøt y te' yomo jutse maka iri mi towojindam.
    In Chatino: Tsaña'an yu qui'yu lo'o ne' cuna'an su'hua ña'an ntsu'hui lyoo can' tloo lee, lo' cui' na culaa na 'in lo'o ña'an tyi'in a cunta lo'o tyi'o nde loo se'en ndi'in la na'an 'in.
    In Trique: Síi ngà siyànà ni̱ gu̱ña̱n huin nguèj sij riñan ley. Ni̱ ley huin sa du̱gumîn dàj ga̱ hue'ê ga̱ne nej dùguì' nej guiì màn 'ngo̱ hue'e.
    In Huave: Aaga naxey makiiüb najtaj noik miün nejiw ajlüyiw teombas nembeat poch. Aag agüy apmajiür mesapüy at majüyiw najneajay teat, müm makiiüb nakualaran.
    In Cuicatec: Chiⁿ caca yicadi ne ä dama nuⁿ yina d'ätä nducu sa'aⁿ. Caca c'u ne cane chiⁿ nd'ätä iy'aⁿ nimmacu nducu daya yaⁿ.

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<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 Guerrero since 31 December 2022. After the Supreme Court of Justice of the Nation ruled that same-sex marriage bans are unconstitutional nationwide under the Constitution of Mexico on 12 June 2015, officials in Guerrero began announcing plans for a collective group wedding. Governor Rogelio Ortega Martínez submitted a same-sex marriage bill to Congress on 7 July 2015 and instructed civil registrars to issue marriage licenses to same-sex couples. Legislators lamented they would have preferred to have the bill passed before marriages took place, but given the time line presented, it was unlikely. On 10 July 2015, twenty same-sex couples were married by Ortega Martínez in Acapulco.

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 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 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 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. 1 2 3 4 5 6 "Matrimonio entre personas del mismo sexo. Caso Oaxaca". Archived from the original on 30 September 2018. Retrieved 3 January 2018.
  2. ↑ ""Oaxaca celebra su primera boda gay tras fallo de SCJN", Terra, 28 March 2013". Archived from the original on 30 October 2016. Retrieved 16 February 2014.
  3. ↑ "Suprema Corte avala segundo matrimonio gay en Oaxaca". 5 June 2013. Archived from the original on 8 September 2018. Retrieved 31 August 2014.
  4. ↑ "Mexico Supreme Court Rules in Favor of Marriage Equality". ThinkProgress. 5 December 2012. Archived from the original on 4 March 2016. Retrieved 5 April 2014.
  5. ↑ "Mexican supreme court decision first step in possible path to national gay marriage". The Washington Post . 7 December 2012. Archived from the original on 3 February 2019. Retrieved 8 December 2012.
  6. ↑ "Mexican Supreme Court rules for marriage equality". 6 December 2012. Archived from the original on 30 March 2019. Retrieved 9 December 2012.
  7. ↑ "Mexican Supreme Court: American Cases Demand Marriage Equality". BuzzFeed . Archived from the original on 27 November 2017. Retrieved 11 September 2017.
  8. ↑ (in Spanish) DECRETO NÚMERO 345 POR EL QUE SE APROBÓ EL CÓDIGO CIVIL PARA EL ESTADO DE OAXACA, ARTÍCULO 143. DETERMINAR LA INTERPRETACIÓN DE LOS ARTÍCULOS 1 Y 4 EN CONJUNCIÓN CON EL ARTÍCULO 121, 124 Y 133, CONSTITUCIONALES TODOS LOS ÁMBITOS DE PODER POLÍTICO ESTÁN OBLIGADOS NO SÓLO A NO DISCRIMINAR A LAS PERSONAS POR SU ORIENTACIÓN SEXUAL E IDENTIDAD DE GÉNERO, SINO A PROTEGER LA EXPRESIÓN DE SU IDENTIDAD LO QUE IMPLICAN PROTECCIONES LABORALES, EDUCATIVAS, DE SALUD, PROTEGER SUS RELACIONES FAMILIARES, PROHIBIR LA DISCRIMINACIÓN A NIÑOS LGBTI O MIEMBROS DE FAMILIAS DIVERSAS Y MUCHAS OTRAS MÁS. Archived 3 April 2019 at the Wayback Machine
  9. ↑ "Mexican Supreme Court finds gay marriage ban unconstitutional". 19 February 2013. Archived from the original on 13 September 2019. Retrieved 3 September 2014.
  10. ↑ (in Spanish) Legal el matrimonios de personas del mismo sexo Archived 3 April 2019 at the Wayback Machine
  11. ↑ "La SCJN declara inconstitucional prohibición del matrimonio gay en Oaxaca" (in Spanish). CNN México. 24 April 2014. Archived from the original on 4 March 2016. Retrieved 26 April 2014.
  12. ↑ "Pareja gay gana amparo y podrá casarse en Tuxtepec". Panorama del Pacifico. 7 July 2016. Archived from the original on 18 June 2022. Retrieved 18 June 2022.
  13. ↑ "Realizan en Oaxaca primera boda gay sin juicio de amparo". Archived from the original on 23 March 2019. Retrieved 3 January 2018.
  14. ↑ (in Spanish) Celebran matrimonio gay en Santiago Jamiltepec, Oaxaca Archived 30 September 2018 at the Wayback Machine
  15. ↑ (in Spanish) Realizan primera boda legal entre mujeres en Salina Cruz Archived 30 September 2018 at the Wayback Machine
  16. ↑ (in Spanish) Van 6 matrimonios igualitarios en Oaxaca durante 2018 Archived 23 March 2019 at the Wayback Machine
  17. ↑ (in Spanish) Por primera vez, en Oaxaca permitirán celebración de matrimonios gay Archived 3 July 2019 at the Wayback Machine
  18. ↑ Redacción (27 August 2018). "Avala Oaxaca matrimonio igualitario sin amparo". ORO :: Organización Radiofónica de Oaxaca (in Spanish). Archived from the original on 24 May 2019. Retrieved 26 May 2019.
  19. ↑ "Por primera vez, en Oaxaca permitirán celebración de matrimonios gay". lasillarota.com (in Mexican Spanish). Archived from the original on 3 July 2019. Retrieved 26 May 2019.
  20. ↑ "Oaxaca aprueba el matrimonio igualitario". Archived from the original on 13 September 2019. Retrieved 18 June 2022.
  21. ↑ "Congreso de Oaxaca aprueba el matrimonio igualitario". Archived from the original on 29 August 2019. Retrieved 18 June 2022.
  22. ↑ "Oaxaca Congress approves same-sex marriage by 25-10". 29 August 2019. Archived from the original on 29 August 2019. Retrieved 18 June 2022.
  23. ↑ "Decreto por el que se adiciona el tercer párrafo al artículo 39, el párrafo segundo del artículo136; la fracción III al artículo 137, 137 Bis, 137 Ter, 137 Quáter; se reforma el primer párrafo al artículo 143, el primer párrafo del artículo 143 Bis, primera fracción del artículo143 Quáter, segundo párrafo del artículo 166, los artículos 171, 176, 212, 214, 228, 229,501, 744 y 1538; todos del Código Civil para el Estado de Oaxaca" (PDF). congresooaxaca.gob.mx (in Spanish). Archived (PDF) from the original on 4 April 2022. Retrieved 18 June 2022.
  24. ↑ Altamirano Díaz, Nadia (2 October 2022). "Matrimonio igualitario en Oaxaca, fuera de las estadísticas de 2021". NVI Noticias (in Spanish). Archived from the original on 2 October 2022.
  25. ↑ (in Spanish) Encuesta nacional 2017 Archived 19 September 2017 at the Wayback Machine , Gabinete de Comunicación Estratégica
  26. ↑ (in Spanish) #Data | ¿Quién está en contra del matrimonio gay? Archived 16 April 2019 at the Wayback Machine
  27. ↑ "Reprueba matrimonio igualitario 62.2% de oaxaqueños; personas de más de 55 años, los que más se oponen". El Universal (in Spanish). 29 March 2020. Archived from the original on 14 May 2021. Retrieved 18 June 2022.
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